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Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)

...., instructed by Sharifuddin Chakladar, Advocate-on-Record‑For the Appellants. B Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1988. (From the judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Barisal in Criminal Appeal No. 65 of 1......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..

Category: Criminal Law | Date: | Hits: 51

Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)

....-Record — For the Respondent No. 16. Not Represented- For the Respondent Nos. 2-15 & 17-49. Criminal Appeal No. 3 of 1988. Judgment A.T.M. Afzal J. - This appeal by leave is from order dated 28 March, 1988 passed by the High Court Division Dhaka in revision rejecting summar­ily the a......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..

Category: Criminal Law | Date: | Hits: 48

Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)

....d- For the Respondent no.1. Ex-parte - For the Respondent Nos. 2—10. Civil Appeal No. 75 of 1984. Judgment: A.T.M. Afzal J.- This appeal by special leave arises from judgment and order dated 11 March, 1984 passed analogously in Civil Orders No. 61 and 62 of 1984 by a Single Judge of t......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..

Category: Property Law | Date: | Hits: 24

Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

.... of 3 years, 1392 to 1394 B.S., Government decided 10 leases out the fishery for the aforesaid period at Tk. 30, 000/- for 1392 B.S. and at 10% higher for 1393 and 1394 B.S. in its favour. The letter dated 13lh March 1985 which communicated the Government Decision is as follows: "GOVERNMENT OF......i ever arises requir­ing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..

Category: Property Law | Date: | Hits: 34

Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)

.... time with­out assigning any reason whatsoever and requir­ing the Licensee upon such cancellation to:- (a) quite premises; (b) remove at licensee's own cost and with­in 15 days from the date of termination (inclu­sive) all structure and property of the licence used for fulfill......to act as a licensee for the unexpired period of the licence that will ex­pire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..

Category: Others | Date: | Hits: 103

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....ows that the possession was delivered as early as on 21.11.61 and, as such, the suit which is re­quired to be filed under section 36 of the Public Demands Recovery Act within one year from the date of delivery of such possession but hav­ing been filed as late as on 3.2.77 after 16 years wa......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..

Category: Property Law | Date: | Hits: 35

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

....For the Appellant. Syed Sakhawat Ali, Advocate-on-Record-For the Respondent (State). Criminal Appeal No. 18 of 1987 Judgment: A.T.M. Afzal J.- This appeal by leave arises out of an order dated 21.7.87 passed by the High Court Division (Jessore Session) rejecting the appellant's prayer f...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....eal No. 60 of 1983. The case also came up before 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 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

.... Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987. Judgment: Shahabuddin Ahmed J. - This appeal by special leave has arisen from an order of the High Court Division (Jessore Bench) dated 2 February 1986, passed in Criminal Revision No. 20 of 1983 refusing to quash a criminal proce......ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..

Category: Criminal Law | Date: | Hits: 63

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....l by the pre-emptee, (since deceased and substituted by his heirs) following leave, arises out of a proceeding under Section 26F of the Bengal Tenancy Act and is direct­ed against judgment and order dated 31st July 1980 passed by a Single Judge of the High Court Division in revision restoring those......In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..

Category: Procedural Law | Date: | Hits: 92

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

.... B.H. Chowd­hury and A.T.M. Afzal JJ. I concur with the deci­sion of A.T.M. Afzal, J. A.T.M. Afzal J.- This appeal, following leave, by the six accused-appellants arises from judgment and order dated 7 December 1982 passed by the High Court Division, Jessore dismissing their appeal against an ......of sustaining the order of conviction. In a case as in the present where the witnesses are related and partisan and have a strong motive to depose falsely, their evidence must be put to the strictest scrutiny having regard to the attendant circumstances…………..(20 & 21) State.................

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....Let a Rule Nisi issue calling upon the re­spondents 1-5 to show cause as to why the impunged order of the fisheries in question with the respondent No.5 by the respondent No.1 on 19.7.1985 or at any date vide the Annexure-‘D’ should not be declared to have been granted or given without any lawf......question whether the respondents in the petition guilty of contempt of Court by disregarding Court's Order dated 4lh November 1985 it will be well to consider if there is any merit in it. 12. On a scrutiny of our Order as aforesaid, it appears that by referring to an order of the High Court Divis..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

.... T. Monwaruddin, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. (In all the appeals). Civil Appeal Nos. 10, 11 & 12 of 1987. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 of 198......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..

Category: Employment/Service Law | Date: | Hits: 112

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....Record- For the Appellant. A.J. Mohammad Ali, Advocate, instructed by Sharifuddin Chaklader, Advo­cate-on-Record- For the Respondent. Civil Appeal No. 2 of 1987 (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revi­sion No. 652 of 1985.) Judgm......trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

....H. Khan, Senior Advocate, (M. A. Whab Miah, Advocate with him) instructed by N. H. Khandkar, Advocate-on-Record - For respondent No. 1 Civil Appeal No. 124 of 1983. (From the Judgment and Order dated 12.4.82 passed by the High Court Division, Dhaka in First Appeal No. 478 of 1986). Judgment...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....-Record - For the Appellants. Md. Nurul Haq, Advocate-on-Record - For the Respondents No. 1 and 2. Ex Parte- Respondent Nos. 3-6. Civil Appeal No. 70 of 1985. (From the judgment and depredated 4.7.85 passed by the High Court Division, Comilla Bench in Civil Revision No. 1448 of 1979.) ......ge of the High Court Division also ignored every fact and doc­ument mat were relied upon by the Munsif (as no­ticed above) and merely endorsed the findings made by the Subordinate Judge without any scrutiny. If de­fendants 4-6 were not the heirs of Samad Ali, there was no question of plaintiffs' ..

Category: Property Law | Date: | Hits: 43

Moulana Mokhter Ah­med Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

....ndent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August, 1986 passed by the High Court Division (Circuit Bench, Chittagong) in revision upho......ssed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronted with application on objection in respect of particular ballot paper..

Category: Election Law | Date: | Hits: 106

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

..... R. Pal. Senior Advocate (Zakir Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 24 of 1987. (From the judgment and order dated 9th July, 1987 passed by the High Court Division, Dhaka, in Writ Petition No. 57 of 1987.) ......y 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) (1988) 154. ..

Category: Election Law | Date: | Hits: 118

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....iqur Rahman, Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 14th August, 1982 passed by the High Court Division, Dhaka Bench in Second Appeal No. 322 of 1......s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..

Category: Civil Law | Date: | Hits: 113

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....ique-ul-Huq, Senior Advocate (Md. Fazlul Huq, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 17 of 1987. (From the judgment and order dated 31.3.1987 passed by the High Court Division, Dhaka Bench, in Writ Petition No. 12 of 1985.) ......pt of permanent residence is akin to that of domicile. The question of domicile usually comes up for con­sideration in case of private international law where the parties lead evidence and stand the scrutiny of cross examination for ascertaining the law that de­termines personal rights of a party ..

Category: Immigration and Citizenship Law | Date: | Hits: 214