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Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....hman, Senior Advocate (Fakir Abdul Mannan, Advocate with him) instructed by Serajur Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No. 3 of 1986. (From the Judgment and Order dated 11-9-85 passed by the High Court Division, Dhaka in Civil Revision No. 506 of 1985.) Judg......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 16 of 1985. (From the judgment and order dated 17.11.1983 passed by the High Court Division, Comilla Bench, in Criminal (death) Reference......viction and it would be unnecessary to call the confession in aid. More on confession later. 67. This appeal by special leave against the Appellate Court's order of acquittal calls for close scrutiny of the prosecution case. 68. More often than not a case of circumstantial evidence sta..Category: Criminal Law | Date: | Hits: 124
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
.... Syed Sakhawat Ali, Advocate-on-Record.—For respondent Nos. 1 and 3. Ex-parte.—Respondent Nos. 2 and 4-6. Civil Appeal No. 91 of 1984. (From the judgment and order dated 14th November, 1983 passed by the High Courts Division, Dhaka in Civil Revision No. 248 of 1......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....Senior Advocate, M.R. Wahab Mia, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 3. Civil Appeal No. 36 of 1986. (From the judgment and order dated 23.4.1986 passed by the High Court Division, Dhaka Bench in Writ Petition No. 179 of 1985.) ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....te, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Exparte —For Respondent. Civil Appeal No. 15 or 1983. (From the judgment and order dated 11th January 1984 passed by the High Court Division Dhaka Bench, in Application No. 24 of 19...... 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)
....ahab Miah, Advocates with him), instructed by Syed Sakhawat Ali, Advocate on Record-For the Respondent Nos. 2-6. Civil Appeal No. 37 of 1985. (From the Judgment and Order dated 22-8-4 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 98 of......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
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Criminal Appeal No. 29 of 1985. (From the judgment and order dated 29th September, 1983 passed by the High Court Division, Comilla Bench in Criminal appeal No.......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....hman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record-For the added Respondents (In both the cases). Civil Appeal Nos 26 and 27 of 1984. (From the judgement and decree dated 16-2-83 passed by the High Court Division, Comilla Bench, in Second Appeal Nos, 402 and 403 ......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
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
.... Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos. 1 & 2. Abated vide Court's Order dated 21.1.85— For the Respondent Nos. 39-40 & 47. Ex-Parte-For the Respondent Nos......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....d—For the Appellants. Md. Fazlul Karim, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondents. Civil Appeal No. 98 of 1984. (From the Judgment and decree dated 12th June, 1984 passed by the High Court Division, Dhaka, in S.A. No. 402 of 1975) Judgment...... owner of it, and consequently by operation of law the defendants became tenants of the Government and as such the suit is not maintainable. 8. The argument is attractive but does not stand scrutiny. It is admitted that the land originally belonged to the Mymensingh Moharaja. He gave this ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....Senior Advocate, Rokanuddin Mahmud, Advocate with him instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 43 of 1985. (From the Judgment and Order dated 21.1.85 passed by the High court Division, Chittagong in Civil Revision No. 128 of 1978). ...... 151 (168) Hamoodur Rahman, CJ. explained that a malafide act and coram non judice stand on the same footing and no ouster clause in any enactment howsoever widely couched can save them from judicial scrutiny. His Lordship said: "Indeed mala fide acts stand on the same footing as acts done witho..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....structed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 58 of 1983. From the Judgment and Order dated 30.583 passed by the High Court Division, Dhaka in Criminal Appeal No.3 of 1982. Judgment ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. Civil Appeal No. 71 of 1985. (From the Judgment and Order dated 30.10.84 passed by the High Court Division, Comilla Civil Revision No. 140 of 1983). Judgme......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....rned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for t......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
..... M. Zahir, Senior Advocate (Mahbubey Alam, Advocate with him instructed by Ahmed Nurur Reza, Advocate-on-Record-For the Respondents. Civil Appeal No. 17 of 1986. (From the Judgment & Order dated 20.11.85 passed by the High Court Division, Dhaka in Matter No. 13 of 1986.) Judgment: ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... & others………………………Respondent Judgment Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a Notification dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stat...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....ul Hague Siddique, Advocate-on-Record- For the Respondent No. 1 (W). Ex-parte—For the Respondent No. 1(a), 1(c), 1(2) & 2. Civil appeal No 125 of 1984. (From the Judgment and Order dated 1st April, 1984 Passed by the High Court Division, Chittagong in First Appeal No. 17(c) of 198......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
..... Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (A......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....cord—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4—32. Civil Appeal No. 21 of 1984. (From the judgment and order dated 30 October, 1983 passed by the High Court Division, Dhaka, to Civil Revision No. 242 of 1983.)......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
.... For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not Represented—For Respondent Nos. 1, 2, 4-14 & 17 (in both the appeals). Criminal Appeal Nos. 48 and 49 of 1985. From the order dated 5.8.85 passed by the High Court Division, Dhaka Bench in Writ Petitions No. 253 of 1985 and fr......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
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