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Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ...... dated 18 July 1984. They pre­ferred an appeal which was dismissed with slight modification of the sentence by the High Court Di­vision, by an order dated 14 July 1986. They are now seeking special leave to appeal from this order. 2. The prosecution case, namely Sessions Case No. 117 of 1983, w..

Category: Criminal Law | Date: | Hits: 44

Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)

....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ...... 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325 of 1984.) Judgment A.T.M. Afzal J.-In this appeal by leave by the plaintiff-appellant the point for consideration is whether the High Court Division was ..

Category: Property Law | Date: | Hits: 29

Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)

....s including respondents 6-8 (defendants 7-9) who are said to have attained ma­jority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......of 1988. (From the Judgment and order dated 2.2.1988 passed by the High Court Division, Chittagong in Civil Revision No. 318 of 1986). Judgment: ATM Afzal J.-This is a plaintiffs' appeal by leave and directed against judgment and or­der dated 2 February 1988 passed by a Single Judge of th..

Category: Property Law | Date: | Hits: 85

Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

.... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......l No. 39 of 1988. (From the Judgment and Order dated 8 Novem­ber 1988 passed by the High Court Division, Sylhet Bench in Writ Petition No. 13 of 1988). Judgment ATM Afzal J.-This appeal by leave is from Judgment and Order dated 8 November 1988 passed by the High Court Division, Sylhet Ben..

Category: Election Law | Date: | Hits: 130

Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....r the petitioner was unaware of the leave petition filed by the Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......tion is dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 103 Leave petition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Lawyers Involved: M. A. Matin, Advocate inst..

Category: Criminal Law | Date: | Hits: 41

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......al instruct­ed by Syed Sakhawat Ali, Advocate-on-Record —For Respondent No.1. No one for Respondent No. 2. Criminal Appeal No. 8 of 1987. Judgment ATM Afzal J.-This appeal by special leave by the four (4) accused-appellants is from order dated 17 June, 1987 passed by the High Court ..

Category: Criminal Law | Date: | Hits: 63

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......ader, Advocate-on-Record.—For the Appellants. B. Hossain, Advocate-on-Record. —For the Re­spondent. Criminal Appeal No. 23 of 1986. Judgment MH Rahman J.-This is an appeal by special leave against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Ben..

Category: Criminal Law | Date: | Hits: 105

Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)

....t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......d by Md. Sajjadul Huq, Advocate-on-Record— For Respondent No. 1. Ex-parte.—Respondent Nos. 2—24. Civil Appeal No. 9 of 1988. Judgment Shahabuddin Ahmed J.- In this appeal by special leave, Pre-emptees are the appellants. The question raised is whether the order of pre-emption again..

Category: Property Law | Date: | Hits: 36

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..

Category: Criminal Law | Date: | Hits: 43

Managing Com­mittee N.M.C. Model High School & ors. Vs. Obaidur Rahman Chowdhury & others, 1978, 7 CLC (AD)

....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 133.......Order 2, rule 2 of the Code and whether the prayer changed the nature and character of the suit. The Courts below have consistently turned down the contention of the defendants. 3. Turning to the leave order we find that it is now well settled that the amendment of the pleadings could be allowed..

Category: Property Law | Date: | Hits: 36

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......cate, instructed by B. Hossain, Advocate-on-Record - For the Res­pondent. Civil Appeal No. 23 of 1977 (From Petition No. 254 of 1973) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment and order of a Bench of the High Court Division passed in an applicati..

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 217

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......ucted by Abdur Rab II, Advocate-on-Record - For the Respondent No.1. Civil Appeal No. 6 of 1975 (From Civil Revision No. 127 of 1969) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment of a Bench of the High Court in a miscellaneous case arising out of an..

Category: Property Law | Date: | Hits: 33

P.W.V. Rowe Vs. Chairman Lab­our Court, Chittagong, 1977, 6 CLC (AD)

....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......- For the Respondent No. 2. Civil Petition for Special Leave to Appeal No. 143 of 1976 (From Petition No. 460 of 1976) Judgment Debesh Chandra Bhattacharya J.- This petition for special leave is against an order of a Bench of the High Court dismissing summarily an application of the pe..

Category: Labour and Industrial Law | Date: | Hits: 77

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... and law are involved they are heard analogously and disposed of by one judgment. Facts for disposal of these appeals reduced to their minimum are as follow; two appeals have been granted special leave on 20.1.75, in S.A. Nos. 1005 and 1006 of 1961 which affirm the judgment and decree of the Add..

Category: Property Law | Date: | Hits: 32

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101....... Judgment and Order dated 25-6-1975 passed by the High Court Division in Death Reference No.1 of 1974 and Criminal Appeal No. 663 of 1974) Judgment Fazle Munim J.- These two appeals by special leave arise out of the judgment and or­der of acquittal of the respondents from the charge of murde..

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......nt Nos. 3-19. Civil Appeal No. 24 of 1977 (From the judgement and order of the High Court Division dated 5-4-1976 in F.M.A. 96 of 1974) Judgment Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneo..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......out from the judgment and order of the High Court Division dated December 5, 1977 passed in the Criminal Revision No.432 and 475 of 1977) Judgment Ruhul Islam J.- These two appeals by special leave arise from the judgment and order of the High Court Division dated December, 5, 1977 in Crimin..

Category: Criminal Law | Date: | Hits: 95

Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)

....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......ppeal No. 80 of 1977. (An ap­peal from the judgment and order dated May 27, 1970 passed by the High Court in Writ Petition No.315 of 1967) Judgment Ruhul Islam J.- This appeal by special leave arises out of a judgment of a Bench of the Dacca High Court in Writ Petition No.315 of 1967. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......s in their support. We, however, are not inclined to refer to all of them except some of the leading cases relevant to the point under appeal. 5. Before proceeding to consider the questions under leave we think that a brief reference to the scope of habeas corpus peti­tions under Article 102 of..

Category: Constitutional Law | Date: | Hits: 408