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Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....essed the evidence of the prosecution witnesses. The High Court Division was fully convinced as to the guilt of the accused in the commission of the crime and found two accused innocent accordingly dismissed the appeal in part while acquitting Hira and Fira by allowing their appeals. 5. Thoug..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....that the same should be vacated. Further, in view of the reasons given for vacating the order, this Division does not feel that there has been any arbitrary exercise of discretion. Thus the appeal is dismissed…………..(9 & 13) Lawyers Referred to: Syed Ishtiaq Ahmed, Senior Advocate, instr..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.........Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment August 18, 1987. Result: Appeals No. 10 and 11 of 1987 are dismissed with observations. Appeal No. 12 of 1987 is allowed. The Constitution of Bangladesh, ..Category: Employment/Service Law | Date: | Hits: 112
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....In this view of the matter there is no hesitation in saying that the appellant had another remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Ses..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....bject to payment of Tk. 500/- as adjournment cost to the plaintiff. He challenged this order by a revisional application, under section 115 of the Civil P.C, before the High Court Division, which was dismissed by a learned Single Judge of the High Court Division by order dated 6 April, 1986. 2. L..Category: Procedural Law | Date: | Hits: 89
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....2.2,64 (Ext.B) Defendant 1 is in possession of the suit land by virtue of the said exchange and asserted that the M.R.R. Khatian was correctly prepared in the names of his vendors. 4. The suit was dismissed twice- once in the first trial and then again on remand. The learned Munsif upon a cons..Category: Property Law | Date: | Hits: 43
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....hmed...........................................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was don..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....r section 135 and such exercise tantamount to colourable exercise of power. The High Court Division has correctly 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..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....t at a court sale and brought the land under his khas possession. In 1350 B.S. he leased out the suit land to defendant No. 1 who had been in possession of the same as a tenant. 3. The trial Court dismissed the suit after finding that the plaintiffs had no right of way or of drainage; that the ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....ferred by the appellant) were analogously heard by the High Court Division and by the impugned Judgment and order, the reference was accepted, the death sentence confirmed, and the appeals were dismissed although the conviction under Section 201 Penal Code was set aside. 11. Leave was obt..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
...., justice and good conscience they do not merit consideration because here there was 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 ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....an J ATM Afzal J Government of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (Pre..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
.... receive rents as per provision under section 18. The appellants having failed to prove that there was any such written contract, they have become defaulters and cannot escape eviction. The appeal is dismissed…………………….(11) Cases Referred to- Ramjan Ali Mistry vs. Md Hedayetallah..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....ecord is not sufficient to warrant a conviction for murder. We do not think 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 ..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)
....fendant No.1 and the present appellants filed separate appeals against the judgment and decree of the trial court. The appellants appeal was numbered as O.C. Appeal No. 39/77. Both the appeals were dismissed by the Additional District Judge, Third Court, Mymensingh by Judgment and decree dated 20...Category: Property Law | Date: | Hits: 34
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....away. This clearly explains the whole matter and the period of 53 days as 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 ..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....let any portion of the suit premises, aforesaid suit was filed to pressure for enhancement of existing rent and the appellant was not liable to pay compensation. The suit was, therefore, liable to be dismissed. 4. On 26th December 1979 trial court decreed the suit for ejectment directing the appe..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....its were tried analogously arising out of the same facts and circumstances with different prayers in respect thereof. 2. The Dhaka Lodge Welfare Society is the plaintiff-respondent. The suits were dismissed by the trial Court, but on appeal the High Court Division reversed the findings of the tri..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....en no mitigating circumstance, there was no occasion for the High Court Division 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. ..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found ..Category: Property Law | Date: | Hits: 35