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Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)

....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......peal No. 410 of 1983.) Judgement ATM Afzal J.- Appellant Md. Abdul Majid Sarkar has been convicted for murder under section 302 Penal Code and sentenced to transportation for life. He obtained leave to appeal to contend that he ought to have been convicted for culpable homicide and not murder..

Category: Criminal Law | Date: | Hits: 52

Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)

....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......t to the defendant's claim that his adverse possession started from the last part of Poush, 1360 (B.S) and the suit filed on 16th April ,1965 was beyond the period of limitation of twelve years. This leave was granted considering Ground No. 1 in the petition for special leave to appeal. 7. The le..

Category: Property Law | Date: | Hits: 35

Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)

....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...

Category: Property Law | Date: | Hits: 118

Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)

....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......sses after 9 years of delay could hot be safe from perjured evidence. In this view of the matter I would quash the proceeding. Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the proceedings against the accused-appellants are liable to be quashed under secti..

Category: Criminal Law | Date: | Hits: 46

Mozher Sawdagar Vs. M. Zahirul Alam, General Manager, BD Shipping Corporation & others, 1988, 17 CLC (AD)

.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ..

Category: Business or Commercial Law | Date: | Hits: 95

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..

Category: Property Law | Date: | Hits: 49

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... Judgment and order dated 7.7.85 passed by the High Court Division, Camilla Bench, in Civil Revision No. 12 of 1984.) Judgment: Shahabuddin Ahmed J. - This is the defendant's appeal by special leave. Appellant is the Senior Manager of M/s. Dosta Textile Mills Ltd. an Enterprise of me Banglade..

Category: Labour and Industrial Law | Date: | Hits: 122

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......peal No. 27 of 1985. (From the Judgment and Order passed by the High Court Division, Rangpur, dated 12.3.84 in criminal Appeal No. 375 of 1970.) Judgment ATM Afzal J.- This appeal following leave by the eight accused-appellants is from judgment and order dated 12 March 1984 passed by the H..

Category: Criminal Law | Date: | Hits: 55

Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)

....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ...... and decree of the trial Court. 5. The present appellants who are the heirs of the plaintiff Abdul Aziz Bepari moved this Court against the judgment of the High Court Division and obtained special leave to appeal in the following terms: "Mr. Kamrul Islam, the learned Advocate appearing on b..

Category: Tenancy Law | Date: | Hits: 95

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......peal No. 117 of 1983. (From the Judgement and order dated 23-5-83 passed by the High Court Division, Dhaka in F.A. No. 44 of 1981.) Judgment Badrul Haider Chowdhury.- This appeal by special leave is directed against the judgment and order of the High Court Division in F. A. No. 44 of 1981...

Category: Property Law | Date: | Hits: 47

Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)

....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..

Category: Civil Law | Date: | Hits: 94

Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)

..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......e out to say that he got no more any pecuniary interest in the matter." I fully agree with this exposition of law and have nothing further to add. Shahabuddin Ahmed J. - This appeal by special leave calls in question an order of the High Court Division dated 28 September 1986 declaring that t..

Category: Election Law | Date: | Hits: 132

The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)

....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..

Category: Criminal Law | Date: | Hits: 62

Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)

....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......1986. (From the Judgment and order dated 4.5.86 passed by the High Court Division, Sylhet, in Civil Revision No. 116 of 1982.) Judgment: Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgment and order of the High Court Division in Civil revision No. 11..

Category: Property Law | Date: | Hits: 52

Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)

....nfortunate it may seem though that the decision in the case turned on two mar­ginal votes only. 18. The appeal is accordingly, dismis­sed without any order as to cost. Ed. ......il Revision Case No. 187 of 1986.) Judgment:                  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..

Category: Election Law | Date: | Hits: 110

Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)

.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... 280 of 1978.) Judgment:                   A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court ..

Category: Property Law | Date: | Hits: 44

Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)

....d above, the appeal is allowed, judgment of the High Court Divi­sion is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ...... also held that respondent No. 1 had no knowledge of the impugned transfer before 17th April 1980. Application for preemption was, therefore, not time barred. 7. Appellants obtained special leave to appeal on two points, whether respondent was a co-sharer being in possession of .02 acre ..

Category: Property Law | Date: | Hits: 48

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....H Rahman J. Order of the Court By a majority decision the appeal is dismisĀ­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman J. Order of the Court By a majority decision the appeal is dismisĀ­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..

Category: Procedural Law | Date: | Hits: 115

Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)

....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......n, Dhaka Bench, in Second Appeal No. 454 of 1974.) Judgment:                  M. H. Rahman J. - This appeal by leave is at the instance of defendant Nos. 2 and 5. 2. Respondent No.1, Han Mohan Das, file..

Category: Property Law | Date: | Hits: 50

Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)

....t below are set aside and that of the trial Court is rest­ored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......n Civil Order No. 234 of 1983.) Judgment:                  Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judg­ment and order passed by a single judge of the High Court Di..

Category: Property Law | Date: | Hits: 32