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Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revi­sion No. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte de­cree in Title Suit No.308 of 1980 and got delivery of possession ..

Category: Procedural Law | Date: | Hits: 89

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 ......f the High Court Division, Dhaka on 12th April 1982. 5. On the dismissal of aforesaid appeal by the learned Judges of the High Court Division the Gov­ernment moved this Court and obtained Special leave to consider whether, in view of the provisions of section 22 of the State Acquisition and Tena..

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 de­cree 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. ......No. 70 of 1985. (From the judgment and depredated 4.7.85 passed by the High Court Division, Comilla Bench in Civil Revision No. 1448 of 1979.) Judgment: A.T.M. Afzal J. - In this appeal by leave Defendant No.1 is the appellant who has since died and been substituted by his heirs. The appe..

Category: Property Law | Date: | Hits: 43

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......ed to Civil Appeal No. 36 of 1987. (From the judgment and order dated 22.7.87 passed by the High Court Division, Dhaka in Writ Petition No. 4 of 1985.) 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 Wri..

Category: Criminal Law | Date: | Hits: 88

Moulana Mokhter Ah­med Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......ul Islam, Advocate with him) instructed by Sharifuddin Chaklader-Advocate-on-Record--For the Respondent. Ex-parte- Respondent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises f..

Category: Election Law | Date: | Hits: 106

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. ....... (From the judgment and order dated 9th July, 1987 passed by the High Court Division, Dhaka, in Writ Petition No. 57 of 1987.) Judgment Badrul Haider Chowdhury J.- This ap­peal by special leave is directed against the judgment and order passed by the High Court Division, Dhaka, in Writ P..

Category: Election Law | Date: | Hits: 118

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ...... (From the judgment and order dated 20.6.84 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 1750 of 1981.) Judgment Badrul Haider Chowdhury J. - This ap­peal by special leave is directed against the judgment of the High Court Division, Rangpur Bench, in Civ­il Revisio..

Category: Property Law | Date: | Hits: 45

Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)

.... released forthwith if not wanted in any other connection. The appeal of ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......986. (From the judgment and order dated 14th February 1985, passed by the High Court Division, Jessore in Criminal Appeal No. 38 of 1984.) Judgment: A.T.M. Afzal J. - This appeal, following leave, by the four accused-appellants arises out of the judgment and order dated 14 February 1985 pa..

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 plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..

Category: Civil Law | Date: | Hits: 113

Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)

....onment for life. In the result, therefore, the appeal is dis­missed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......d by the High Court Division, Jessore in Crimi­nal Appeal No. 225 of 1985.) Judgment: A. T. M. Afzal J.- The appellant who is un­der a sentence of death under section 302 Penal Code obtained leave to appeal from the judgment and order dated 5 July, 1987 passed by the High Court Divi­sion (..

Category: Criminal Law | Date: | Hits: 61

Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)

....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ...... (From the judgment and decree dated 20.6.1983 passed by the High Court Division, Comilla Bench in Second Appeal No.21 of 1973.) Judgments: Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judg­ment and order of the High Court Division in Sec­ond Appeal No...

Category: Property Law | Date: | Hits: 32

Government of Bangla­desh 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. ......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. ..

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 ...... - For the Respondent Nos. 1(ka), 10 & 12. Miah Abdul Gafur, Advocate-on- Record. - For Respondent No. 20. Civil Appeal No. 100 of 1985. Judgment: M.H. Rahman 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..

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 dis­missed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......ever, succeeded before the High Court Division which set aside the judgment of the first appellate court and restored that of the trial court 6. Being aggrieved the defendant-appellants ob­tained leave from this Court to consider whether the High Court Division was wrong in not holding that the ..

Category: Tenancy Law | Date: | Hits: 112

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......oned four accused preferred an appeal which was allowed by the High Court Di­vision at Barisal and they were acquitted by the im­pugned order dated 10 January, 1984. Against this order of acquittal leave was granted by us to examine the question raised by the State as to whether the ev­idence on ..

Category: Criminal Law | Date: | Hits: 45

Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)

....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......sed by the High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant Nos. 2-7 in a suit for partition are appellants in this appeal by special leave. The question raised is whether the High Court Division ought to have made an order of remand ..

Category: Property Law | Date: | Hits: 34

The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)

....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..

Category: Criminal Law | Date: | Hits: 60

Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)

....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......………..(2) Lawyers Involved: K.Z. Alam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record.-For the petitioner. Not represented-Respondent. Criminal petition for special leave to appeal No. 36 of 1986. (From the judgment and order dated 2.2.86 passed by the High Cou..

Category: Criminal Law | Date: | Hits: 52

M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)

....hief Justice. Order of the Court. By the 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) 89 ......hief Justice. Order of the Court. By the 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) 89 ..

Category: Tenancy Law | Date: | Hits: 109

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......he suit. 10. Mr. M. Nurullah, learned Attorney-General appearing for the appellant, submitted that the conclusion of the High Court Division is founded on certain surmises and pointed out that the leave was granted to consider the question whether the plaintiff could make any claim in view of the..

Category: Property Law | Date: | Hits: 39