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The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....y result, then it is murder. Conviction of the appellants under section 302/34 altering the same under section 307/34 on appeal by the High Court Division is altered with conviction under section 304 part 1 of the Penal Code…….(8 & 9) Lawyers Involved: B. Hossain, Advocate-on-Record - ......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)
....arliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties. Considering the facts of this case the opinion is that the defendant had made out a case......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..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....d—For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judg......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. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No. 18 of 1985. (From the judgement date...... 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
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....ect to denomination of notes for which the alleged payment was made "can be disregarded as minor one. " In this view of the matter, the appeal was allowed and the solenama was treated as part of the decree. 6. In Civil Revision the matter came before the learned Single Jud......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. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....nt No. 1. S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4—5. A.W. Bhuiyan, Additional Attorney General with B Hossain, A......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
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....hammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 97—16 DLR (SC) 155. Lawyers Involved: B. Hossain, Advocate on Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No 60 of 1985. (From the judgment and......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....learned Advocate for the respondent, had contended that in view of the two dishonoured cheques and the receipt containing admitted signatures of the managing director (Exts. A, B and C), particularly in view of admission of part of the claim, to the extent of Tk. 9. 25 lacs, the court ......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)
....yeb Ali and others Nausher made a statement confessing that he along with Jalil and Nuru had assaulted Elias in pursuance of a conspiracy in which the other accused, acquitted since then, had participated. Nausher was detained inside the shop of Toyeb Ali from where the police arrested him ...... 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)
....in, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the Respondent Nos. 2—6. Civil Appeal No. 17 of 1985. (From t......respect of any offence committed against the provisions of the Defence of Pakistan Rules continued in force by the said Ordinance or any order made thereunder; or (e) effect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....interfere to prevent miscarriage of justice caused by wholly unwarranted acquittal. In the case of Siraj Din v. Kala, 16 DLR, SC 95, also referred to, Cornelius CJ., though his Lordship was party to the majority judgment in favour of maintaining the acquittal by the High Court, gave ......istrate (P.W. 8) and those bones were examined on the following day by a doctor (P.W. 9) attached to the T. B. Hospital, Rangpur. S.I. Abul Khayer (P.W. 10) O.C Pirganj P.S. held investigation of the case and upon completion of investigation submitted chargesheet. Eventual..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....vidence by P.W. 8 shows an incised wound all round the neck at the upper level of the cricoid cartilage which completely separated head from the body with amongst other a punctured wound on the upper part of the abdomen on the midline just below xiphoid process measuring 2"x1.2” x by cavity throug......e be-headed body and also the severed head of the deceased from beneath the water-hyacinth of the tank. The informant identified the dead body of 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 ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....ossession of tenants including two old tenants namely, M/s. Mushraqui Traders Ltd. and M/S. Neptune Enterprise. Appellant made the tenants inducted by him as well as the allottees of the Government parties to the aforesaid Writ Petition as respondent Nos. 6 and 7. As at the time of issuance of th...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
.... in June 1985. The business of the company consists in import, sale and servicing of computer machines of various kinds, manufactured by reputed Foreign Firms including Tandy and IFM and also in imparting technical education and training in computer science and technology. The company got a clie......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....vibazar. Ref: His Memo No. 313 dated 2.5.85. The undersigned is directed to say that it has been decided by the Government to cancel the lease of Chatla Beel Group Fishery granted by the Fishery Department in favour of Sharping F.C.S. for the period of 1392 to 1394 B.S. on ground of their default......related to the subsequent years. The words used in that order of lease are so clear as to leave no ambiguity to their meaning. In such a case there is hardly any scope for the court to embark on an investigation to find out the intention of the parties to the Agreement. Even if, for the sake of ar..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Defendant No. 2 sold by a registered Sale-deed dated 24 August 1959 (Ext.1) one bigha of land constituting the nor them part of Plot Number 1623 of mouza Shahar Khilgaon to the Homeland Insurance Company on receipt of Tk...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....dash;For the Appellants. Khandkar Mahbubuddin Ahmed, Senior Advocate, Mahbubul Alam, Advocate, Instructed by Miah A. Gafur, Advocate-on-Record—For the Respondents No. 3. Ex parte—For Respondent Nos. 1—2 and 4. Civil appeal No 79 of 1984. (F......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.....C. 34; Karam Chand Thapra 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Exparte —For Respondent. Civil Appeal No. 15 or 1983. (From the judgment and or...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....r the project is Tk. 117 lacs, Respondent No. 2 approached Dira Dockyard and Engineers Ltd. appellant No. I for construction of the above mentioned cargo vessels. On 28th September 1980 a tripartite contract was made between appellant No.1, respondent No.1 and respondent No. 2. According t......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
.... Lawyers Involved: M H Khondkar, Senior Advocate (B. K. Das, Advocate, with him), instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant (In both the cases). Ex-parte—Respondent (In both the cases). Rafiqur Rahman, Senior Advocate, instructed by ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
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