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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 ......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)
...., in his pleading and at the trial where it should be raised as an issue. 12. In the case before us, it nowhere appears that the defendant-appellant made any allegation as to waiver in the written statement nor any question as to waiver was raised during the hearing of the suit. Obviously, theref......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
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. ......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. ..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....r S. Ahmed, J. 2. Facts are given in the judgment, hence it is not necessary to elaborate the facts. In a criminal prosecution F.I.R. is an important piece of material. In the given case informant stated that his nephew Abul Hossain was kidnapped on 16th April, 1973 by accused Lambu who was the l......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 ..Category: Criminal Law | Date: | Hits: 46
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
.... 2. Facts are as follows:- An area of 3.80-acrcs of land was requisitioned in 1965 vide L.A. case No. 64 of 1963-64 for the establishment of a Fire Brigade Head Quarter Station at Khulna Town. It is stated that the petitioner challenged the requisition unsuccessfully. Thereafter, he filed an applic......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
Jamal and others Vs. The State, 1987, 16 CLC (AD)
.... taken to Musa's house at Rajshahi town. 11. The High Court Division upheld the conviction of the present appellants under section 302/109 Penal Code mainly upon the evidence of P.W. 4 Mobarak who stated in course of his long deposition that while at Char Khidirpur after midnight the present appe......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. ..Category: Criminal Law | Date: | Hits: 55
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)
....d a bill on 23 May 1985 for TK. 76,000/- and odd, for construction of the pucca drain but the bill was not paid because of an objection that the work was not yet done according, to the specifications stated in the contract. It was further alleged that the appellant was also disqualified for this off......ecuniary interest as referred to is an interest of any kind whether it is in connection with the contract or independent of it, for the law provides that a person having any pecuniary interest in the affairs of the Parishad is debarred from seeking election or from acting as Chairman. Cases Refe..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....e accused guilty under section 307/34, instead of sections 302/34, of the Penal Code. 4. Mr. B. Hossain, learned Assistant Attorney-General, contends that the observation of the learned Judges, as stated above, got no basis whatever; rather it is perverse and in disregard to the evidence on recor......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. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....in the land amicably on demand the plaintiff was constrained to file this suit for declaration of title and khas possessions. 3. Defendant-1 Appellant contested the suit by filing a written statement denying all the material allegations made in the plaint. His case, in short, is that the ...... 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. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....ondent No.1 has no locus standi to maintain the pre-emption case. Order in the separation case clearly indicates his knowledge much earlier than the period of limitation. 9. For the reasons stated above, the appeal is allowed, judgment of the High Court Division is set aside and that......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. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... 6. The trial court came to the conclusion that the plaintiff cannot claim the property on the basis of the alleged deed of gift Ext.1, inasmuch as, "the alleged executants made contradictory statements in respect of their very possession" and further the plaintiff failed to produce "vital a......H Rahman 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: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....vision is expressly made in the statute. In the result, the appeal is dismissed without however any order as to costs. ATM Afzal J.— Facts of the case and the point at issue have been fully stated in the judgment of my learned brother Shahabuddin Ahmed, J. I agree with his decision but lik......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....ouncil in the case of unjustified winding-up order may be noticed. " In Halsbury's Laws of England (Vol. 6, 538), as has already been referred to by Syed Ishtiaq Ahmed, it bus been stated that ''a winding-up order will not be made on a debt which is bonafide disputed by the comp......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....front of the shop of one Toyeb Ali, half a mile from the place of occurrence, as he was escaping with his lungi and shirt drenched in water. Being questioned by Toyeb Ali and others Nausher made a statement confessing that he along with Jalil and Nuru had assaulted Elias in pursuance of a c...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....not file any complaint or depose in this case. 8. As to the first reason as cited above r it is not factually correct that the delay of five- days in lodging F.I.R. was not explained. P.W. 1 stated in his deposition that it is the fear of the accused assassins which prevented him from brin......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....f his brother whereupon police held inquest and started investigation. 3. Accused Kabiruddin was arrested from the house of his father-in-law on 18.5.76 whereupon 'Kabiruddin made a confessional statement before a Magistrate on 19.5.76. Accused Lalu was arrested on 38.6.76. He was also produc......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....he use of the Trade mark in his name. It was contended that appellants No.1 and 2 got no right to speak or do anything on behalf of the company, 5. The learned Single Judge, as already stated, refused injunction observing, among other things, that no prima facie case was made out for ...... appellant started to deteriorate. He further alleged that appellant No.1 suddenly submitted resignation from the office of Managing Director and thereby created dead-lock in the business and affairs of the company since affairs of the company were so distributed between the Chairman and th..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... shows that the Government revised the rent and it was fixed at Tk. 1, 08,000/00 annually instead of Tk. 1.20,000/00 "for the period from 1389 to 1394 B.S." Mr. Ahmed pointed out that the Government stated in the said memo "the excess amount of Tk. 12.000/00 already deposited by you for the year 13......it jurisdiction. 29. On the other hand, when the Government grants lease, privilege, settlement etc. the Government acts and discharges sovereign function "performing function in connection with affairs of the republic or the local authority”. Such function can best be appreciated if matters ..Category: Property Law | Date: | Hits: 87
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