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Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......t be lightly interfered with and that before a court interferes with an order of acquittal the finding of fact by the trial court must be obviously and grossly perverse. It is true that another court holding a trial may have taken another view of the facts and evidence on record. This court in exerc..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......mity. 7. The learned Additional Sessions Judge,5thCourt, Mymensingh, by judgment and order dated 15.8.81, acquitted all the accused of the charge under section 302/34 Penal Code because the Doctor holding the Post Mortem examination could not be examined and it was considered unsafe to convict th..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......he High Court Division for a trial of the two cases by the same court. It apÂpears from the appellants' own statement that a petiÂtion was filed before the Sessions Judge, Munshiganj on 12.1187 for holding trial of the two cases simultaneously on the ground 9f their being a case and a counter-case..Category: Criminal Law | Date: | Hits: 48
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......High Court Division the petitioner simultaneously filed a civil suit, T.S. No. 21 of 1988, in the Court of Subordinate Judge, Munshiganj, seeking the same remedies including an Injunction against the holding of fresh election as diÂrected by the Election Commission but kept this matter suppressed b..Category: Election Law | Date: | Hits: 126
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is disÂmissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......forÂmerly C.S. Khatian No.19. Bhagaban Chandra sold his remaining interest, that is '25 acre, to respondent No.1 and his brother on 23rd August 1969 and thus the respondent became a co-sharer in the holding in question and as a co-sharer and an owner of contiguÂous lands he was entitled to pre-emp..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ection 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of setting-aside the auction sale. The respondent’s allegation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent..Category: Property Law | Date: | Hits: 35
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......d 19th August 1984 the learned DisÂtrict Judge rejected the prayer for temporary injuncÂtion and vacated the order of stay. In doing so he placed reliance on a decision reported in AIR 1955 All. 64 holding that temporary injunction cannot be granted against executing a decree passed in a suit unde..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......issing the complaint. The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of l..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ...... the case was lodged at the Thana eight miles away at 10.15 a.m. on the following morning and in that F.I.R. it was clearly stated that the appellants fired upon Safi-luddin with guns which they were holding. The inÂformant got knowledge of the occurrence from his mother and sister and if he could ..Category: Criminal Law | Date: | Hits: 32
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......Thus the case was filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting la..Category: Procedural Law | Date: | Hits: 92
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ...... the Corporation by Office CirÂculars, act and conduct, adopted the Government Servants (Discipline and Appeal) Rules for their employees and that they applied these Rules in drawing he proceedings, holding enquiries and in issuing second show cause notices; as such they are bound to apply the rule..Category: Employment/Service Law | Date: | Hits: 112
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......ourt and obtained Special leave to consider whether, in view of the provisions of section 22 of the State Acquisition and Tenancy Act, 1950 the learned Judges of the High Court Division were wrong in holding that the lands in question were not liable to assessment of rent. 6. Mr. A.W. Bhuiyan Add..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was tr..Category: Property Law | Date: | Hits: 43
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......5.)
Judgment
ATM Afzal J.- This appeal by leave is from judgment and order dated 22 July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 4 of 1985 discharging the rule and upholding the Government order canceling the appellant's license for revolver and confiscating the sam..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......eded for such period, not exceeding the resiÂdue of the term of such Paurashava, as may be specified. (2) On the publication of notification under sub-section (1)- (a) the person holding, office as Chairman and commissioners of the Paurashava shall cease to hold office; (..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. .......T.M. Afzal J. - This appeal, following leave, by the four accused-appellants arises out of the judgment and order dated 14 February 1985 passed by the High Court Division (Jessore Bench) in appeal upholding the conviction of the appelÂlants under section 302/34 Penal Code and sentence of transport..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......ve defendant No. 1 of his interest in this suit land. 4. The appellate Court upheld the findings of the trial Court. In second appeal the High Court Division dismissed the plaintiffs' appeal after holding that "in the background of the changed society and social outlook and the need of the countr..Category: Civil Law | Date: | Hits: 113
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......25 March 1971. M.H. Rahman J. - I think the appeal should be allowed. The Government of Bangladesh has been treatÂing the respondent's property, 'Lismore Court' on plot No.NE (G)-II, Municipal holding No.7, Road No. 75, Gulshan, Dhaka, as an abandoned property since 1972. As the Government re..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......an J. - This appeal by special leave, at the instance of defendant No.2 and the heirs defendant No. 1, has arisen out of a suit for partition. 2. The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five person..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......first appellate court and restored that of the trial court 6. Being aggrieved the defendant-appellants obÂtained leave from this Court to consider whether the High Court Division was wrong in not holding that the contract as mentioned in sub-section (5) of secÂtion 18 of the Premises Rent Contr..Category: Tenancy Law | Date: | Hits: 112
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