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Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)

....ns taken or to be taken by the parties including defendant No. 5. The appeal is accord­ingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......can be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perception and not hearing of witnesses……………………………….(5) Cases Referred to- ­A.H. Chowdhury Vs. M. Hossain & ors BCR 1984 (AD) 532; Abu Ahmed A. Hafi..

Category: Procedural Law | Date: | Hits: 94

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......led to the benefit of section 13 of the Evidence Act in that the law allows the period of absence of the defendant to be excluded from the period of limitation…………………..(11 & 23) Cases Referred to- Khan Sher Dil Khan Vs. Sir Abdul Wadud 7 DLR (FC) 170; Forbes & others Vs...

Category: Procedural Law | Date: | Hits: 132

Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)

....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dis­missed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......ld in equity determine the valuation of the transferred share on the date of the filing of the application for permission to purchase the share of the stranger-purchaser………………….(11) Cases Referred to— Md. Tazammul Hossain Vs. Purni Agarwalini 10 DLR 318; Md. Magdu Bhuiya Vs. J..

Category: Property Law | Date: | Hits: 45

Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)

....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..

Category: Election Law | Date: | Hits: 115

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

.... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ct deposed by him in the F.I.R. Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swa..

Category: Criminal Law | Date: | Hits: 52

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......d then section 18 (3) has no application. No interest was transferred. The defendants No. 1 and 2 have not gone away from the premises leaving it to defendant No. 3………………………(13) Cases Referred to- 13 ALL 432; 34 CWN 230 Lawyers Involved: M. G. Bhuiyan, Advocate-on-Reco..

Category: Criminal Law | Date: | Hits: 47

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......sappropriation. So the conviction under section 378 is converted to conviction under section 403 of the Penal Code and the sentence is reduced upto the period already undergone……..(5 & 13) Cases Referred to- Allahabad case 1919 Criminal Law Journal Vol. 20, P. 218, Moynes Vs. Cooper, 1..

Category: Criminal Law | Date: | Hits: 44

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. ......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. ..

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. ......llant to hold the office to see whether the disqualification alleged continued to render the appellant an usurper to the office to entitle him to file a writ petition…….........(15 & 16) Cases Referred to— Bhairulal Chunilal Vs. State of Bom­bay, AIR 1954 Bombay 116; Sukedeo Naray..

Category: Election Law | Date: | Hits: 130

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......l jurisdiction of another permanent Bench. At our request the learned Addi­tional Attorney General has appeared before us and submitted that at the moment there is no provision for transfer of Civil Cases from courts situated with­in territorial jurisdiction of one permanent Bench to that within t..

Category: Procedural Law | Date: | Hits: 110

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. ......f property will not be available to the appellant as he had time to have recourse to the protection of public authorities for violation of the order of injunction………………………..(22) Cases Referred to- Safdar Ali Vs. The Crown, 5 DLR (FC) 107 at p. 109. Samiruddin Ahmed @ Samir M..

Category: Criminal Law | Date: | Hits: 105

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.......High School & others………….Appellants Vs. Obaidur Rahman Chowdhury & others………….Respondents Judgment February 8, 1978. Result: The appeal is dismissed. Cases Referred To- Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haj..

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....... Kemaluddin Hossajn J Debesh Chandra Bhattarcharya J Government of Bangladesh………….Appellant Vs. Md. Ismail Hossain………….Respondent Judgment April 20, 1977. Cases Referred To- Chairman, Railway Board Vs. Abdul Majid, DLR 1966 SC 532; Abdul Majid Sheikh ..

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. ......nim J Unimarine S. A. Pa­nama through Local Agent Bengal Shipping Line Limited and another…………Appellants Vs. Bangladesh...........Respondent Judgment August 15, 1977. Cases Referred To- Shamsul Hada Vs. Mozammel Huq (1975) 27 DLR 256; Premraj Vs. Maneck Gazi, AIR..

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.......ed ABM Husain CJ Kemaluddin Hossain J Fazle Munim J Syed Ahmed Molla………….Appellant Vs. Halima Begum and others..............Respondents Judgment March 8, 1977. Cases Referred To- Joychand Lal Babu Vs. Kamalakasba Chowdhury & others, 53 CWN (PC) 552; N...

Category: Property Law | Date: | Hits: 33

Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)

.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......wdhury J Abdur Rahman @ Abdul Rahman..............Appellant Vs. Maklis Ali and another..............Respondents Judgment December 6, 1978. Result: The appeal is allowed. Cases Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abd..

Category: Property Law | Date: | Hits: 34

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. ......in Hossain CJ Fazle Munim J Rahul Islam J Akhtarun Nessa and another.............Appellant Vs. Habibullah and others……..…..Respondents Judgment February 6, 1980. Cases Referred to- Makhanlal Nag Vs. Reajaddin Sepal (1961) 13 DLR 323; Syed Abdul Karim Vs. Har..

Category: Property Law | Date: | Hits: 32

Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)

.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ..

Category: Others | Date: | Hits: 84

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. ......l) Vs. Tan Kheng Hock………..Respondent (In Criminal Appeal No. 6 of 1978) Rizal Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Govern..

Category: Criminal Law | Date: | Hits: 95

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. ...... Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangla­desh and other..............Respondents Judgment September 2, 1977. Cases Referred To- Abdul Baqi Baluch Vs. Pakistan, (1968) 20 DLR (SC) 249; Government of West Pa..

Category: Constitutional Law | Date: | Hits: 408