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Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....ity in due course and the RS Record does not correctly represent the fact of possession. 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. ..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....erably failed to establish a prima facie case. On appeal by the plaintiffs against the said order the learned Subordinate Judge and Commercial Judge, 2nd Court, Chittagong by order dated 19-12-88 dismissed the same and affirmed the order of the learned Assistant Judge holding, inter alia, that ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....the neighbours, the crucial question, whether the respondent was present in his house when his wife died there remains unanswered. The impugned order of acquittal is, therefore, upheld. The appeal is dismissed. ATM Afzal J: I have gone through the judgments written by my learned brothers MH Rahm..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
.... not employees of the Corporation and as such the Corporation got no authority to transfer him to any other Jute Mills or even to the Corporation itself. The trial Court rejected his contention and dismissed the suit; but the appellate court, namely the Subordinate Judge, Dhaka accepted his conten..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....as been no miscarriage of justice on account of the order of acquittal and 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 ..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ost. One case is ready for final disposal and the other not yet began. Parties of both the cases being not identical. For all these reasons prayer for simultaneous trial is not tenable. The appeal is dismissed…(11 & 12) Case Referred to- 13 D.L.R. Dhaka 414. Lawyers Involved: Serajul H..Category: Criminal Law | Date: | Hits: 48
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,12) Cases Referred to- 59 C.W.N. 1082; 11 DLR (PC) 143; 9 D..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....t was not maintainable as P.W.1 was not the plaintiff. 13. In view of the discussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....eful in the centre or not, the election commission was quite competent to pass any order including review of the order of any election officer without hearing of any contesting party. The petition is dismissed………………….(3 & 4) Lawyers Involved: Dr. Kamal Hosain, Senior Advocate, ins..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....hem form any relief. No illegality has been committed in passing the order by the government and there is no violation of principle of natural justice and no question of estoppel. Hence the appeal is dismissed……………..……(10, 11 & 13) Lawyers Involved: Aftab Hossain, Advocate-on-Reco..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....Division did not materially affect result of the suit as because the documents already filed and exhibited and the evidence adduced sufficiently proves the case of the respondent. Hence the appeal is dismissed……………..(10) Lawyers Involved: S M. Hussain, Senior Advocate, instructed by M..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....y of the licence-period it will be just and convenient if the appellant is allowed to continue to act as a licensee for that launch ghat. 10. In the result, Civil Appeal Nos. 10 and 12 of 1986 are dismissed and Civil Appeal No. 11 of 1986 is disposed of with this observation that the appellant be..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....0. Two kabuliyats were executed by the defendants and registered on 21st June 1974. Defendants asserted possession of 6 acres of land. They denied title and possession of plaintiffs. 5. Suit was dismissed by the trial Court which decided the relevant issues against the plaintiffs. Its decision ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... yet some reasons have been given for acquitting the accused persons. So, there was no miscarriage of justice even though provisions of section 367 of Cr.P.C has not been complied with. The appeal is dismissed……….(4) Lawyers Involved: Aminul Huq,Advocate-on-Record— For the Appellant. ..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....him at plaintiffs' cost falls outside the power of the Executing Court and as such the order appointing an Advocate Commissioner has been rightly set aside by the High Court Division. The petition is dismissed……………(3) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Kazi ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....ed. No injunction can be granted on the plea of title to restrain the execution proceedings, because this tends to deprive the decree-holder of the fruits of the decree obtained by him. The appeal is dismissed………………..(13) Cases Referred to- AIR 1955 All. 64; AIR 1972 (Allahabad) 4..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the only course for the Sessions Judge was to di..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e the High Court Division, Rangpur Bench by way of a reference under Section 374 of the Code of Criminal Procedure. By the impugned Judgment and order dated 3 December, 1984 the High Court Division dismissed the appeals but rejected the reference and commuted the sentence of the appellants to tr..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ecific performance private complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owner, the said Ashutosh. The suit was, however, dismissed on merit by a judgment merit dated 15 September 1980 with the observation that the Bainapa..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....has. So, this objection is not sustainable. The point not raised earlier is not permitted to raise an issue before the appellate division for the first time. The appeal is without substance mad hence dismissed. Case referred to- 52 C.W.N. 64. Lawyers Involved: Mohammad Ayub, Advocate-on-..Category: Procedural Law | Date: | Hits: 92