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Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......the aforesaid proceeding. A Division Bench, by the impugned judgment and order dated 21 May 1989, summarily rejected the said application whereupon the appellant came to this Division and obtained leave to appeal from the said judgment and order. Leave was granted to consider whether the High Co..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......udgment of ATM Afzal, J. MH Rahman J.- I have read the draft judgments of brothers ATM Afzal and Latifur Rahman, JJ; I concur with the decision of ATM Afzal, J. ATM Afzal J.- This appeal by leave at the instance of the State is from an order of acquittal under sections 302/109 Penal Code p..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......sion, Dhaka in Criminal Revision No. 265 of 1988). Judgment: Mustafa Kamal J.-his appeal by leave is by the first party Samirun Nessa arising out of a proceeding under section 145 of the Code..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......1991. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the Hig..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......gh Court Division, in Writ Petition No. 93 of 1985). Judgment: ATM Afzal J.- This appeal by leave is from Judgment and Order dated 9 April, 1987, passed by a Division Bench of the High Court ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ...... Mustafa Kamal J.- The defendant-Government-appellant contends in this appeal by special leave that the suit which was decreed by a Division Bench of the High Court Division, Comilla Bench..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... (From the Judgment and Order dated 28th October, 1990 passed by the High Court Division, Dhaka in Criminal Revision No. 1126 of 1990.) Judgment Latifur Rahman J.- A witness has filed this leave petition challenging the order of acquittal passed by the High Court Division, Dhaka, in Crimi..Category: Criminal Law | Date: | Hits: 39
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......eal No. 157 of 1990. (From the Judgment and Order dated 15-5-90 passed by the High court Division, Comilla Session Comilla, in Civil Revision No 161 of 1986.) Judgment Mustafa Kamal J.- This leave to appeal by the defendant petitioner is from the Revisional judgment of a learned single Judg..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......evision No.62 (Ctg) of 1983). Judgment: ATM Afzal J.- This is a defendant’s appeal by leave and directed against judgment and order dated 6 February, 1986 passed by a Single Judge of th..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......tagong Bench in Civil Revision No. 89 of 1989.) Judgment: ATM Afzal J.- This appeal by leave arises out of a temporary interim order passed by a Single Judge of the High Court Division ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......ll the accused persons have been falsely implicated in this case. 24. State being aggrieved by the order of acquittal of the respondent by the High Court Division has filed this appeal for special leave. Leave was granted to consider firstly, whether the learned Judges of the High Court Division ..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......988. (From the judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Barisal in Criminal Appeal No. 65 of 1985). Judgment Latifur Rahman J.- This appeal by special leave at the instance of seven accused‑appellants is directed against the order of conviction and ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......ossain, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Appeal No. 66 of 1986. Judgment: Shahabuddin Ahmed J.-In this appeal by special leave the question is whether the Bangladesh Jute Mills Corporation, the “Corporation”, has got ..Category: Employment/Service Law | Date: | Hits: 143
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 ......structed by Miah A. Gafur, Advocate-on- Record— For the Respondent Nos. 2 to 4 & 6. Ex-parte—Respondent No. 5 Criminal Appeal No. 36 of 1984. Judgment: A.T.M. Afzal J. This appeal by leave is from judgment and order dated the 1st June 1988 passed by a Division Bench of the High Cour..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......Assistant Attorney-General, instructed by Nowab Ali, Advocate-on-Record, — For the Respondent. Criminal Appeal No. 20 of 1986. Judgment: Shahabuddin Ahmed J. - In this appeal by special leave an order of the Additional Sessions Judge, Jessore, dated 5 March, 1983 convicting the four ap..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 ......ttorney-General, instructed by M. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 18 of 1985. Judgment: A.T.M. Afzal J.- The point for consideration in this appeal by leave is whether in an appeal from conviction, the Appellate Court has Jurisdiction under section 42..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......wat Ali, Advocate-on-Record — For the Respondent No. 16. Not Represented- For the Respondent Nos. 2-15 & 17-49. Criminal Appeal No. 3 of 1988. Judgment A.T.M. Afzal J. - This appeal by leave is from order dated 28 March, 1988 passed by the High Court Division Dhaka in revision rejecti..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......set Majumder, Advocate-on-Record—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 42 of 1986. Judgment: A. T. M. Afzal J. - This appeal by leave is from order dated 17 September 1986 passed by a Single Judge of the High Court Division, D..Category: Criminal Law | Date: | Hits: 97
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