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M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....tition in the High Court Division being Civil Revision Case No. 152 of 1983. The learned judges of the High Court Division, by the impugned judgment and order dated 27 March 1984 March 1984, discharged the rule upon holding that there was no ground for directing a remand as prayed for by the a......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....n 339C, Cr.P.C., is well founded in law. 2. Facts necessary for disposal of this appeal are that on a first information report lodged on 9 May 1983 the police investigated the case and submitted charge-sheet on 16 June 1983, under sections 302/34 of the Penal Code, against accused respondent an......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....d 2 February 1986 summarily rejecting their application under section 561 A, Crl.P.C.for quashing the proceedings in Sessions Trial Case No.29 of 1985, Noakhali. The petitioners are facing trial on a charge of murder in the said proceedings. They alleged that the trial was not concluded within the s......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
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....us and locus standi of the plaintiff’s society by the Government of Bangladesh. 7. As has been noticed the Lodge Dhaka was renamed as Dhaka Lodge in December 1972 and one Dr. B.K. Sen Gupta look charge of Dhaka Lodge in August, 976. 8. The Government took the stand that the suit property was......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....and an altercation followed; that at that time other accused came there and all of them dragged Azizur Rahman inside the house of the appellant: that at the order of Abdul Ali( since acquitted of the charge of murder) the appellant dealt a dagger blow on the left abdomen of Azizur Rahman and on alar......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)
....case of Abdus Salam Master 36 DLR (AD) 58 the High Court Division refused to quash the proceeding and this Court came to the conclusion that there was nothing illegal. In that case the accused was discharged after final report but a Naraji petition and a fresh complaint was filed before the Magistra......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
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... respondent from service under the Employment of Labour (Standing Orders) Act, 1965, (hereinafter referred to as the "Act"). 2. Allegation against the plaintiff-respondent was that while he was in charge of the Mills' Store, he, along with the Store Clerk, Yar Ahmed misappropriated 138 Ring Trave...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....09 Penal Code. 2. The appellants along with forty (40) others were put on trial before the Additional Sessions Judge, Rajshahi. Forty two (42) accused persons including the present appellants were charged under section 148, 364/149 and 302/149 Penal Code and six (6) others including one Musa Sark......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
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....nment under section 3(1)of the Enemy Property(Continuance of Emergency Provision) (Repeal) Ordinance, 1974 (Ordinance IV of 1974). It provided in Part III "that the vested property shall be under the charge of a Committee and the Committee shall take such measures as may be necessary for the good ma......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....d first to the Pabna Hospital and from there to Rajshahi Medical College Hospital for treatment, but he succumbed to the injuries two days later. The respondents and two others were put on trial on a charge of murder committed by them in furtherance of their common intention. They pleaded not guilty......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
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....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. ......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)
.... 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. ...... 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
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....nemy property and the Assistant Custodian leased out the property to defendants 3 to 5. The trial court dismissed the suit. It was affirmed by the appellate court and the High Court Division discharged the rule in revision. 4. Leave was granted to consider the question whether the suit p......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)
....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: ......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)
....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. ......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
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....recorded at about 10-30 P. M. that very night, that is, within two hours of the time of the incident. The police investigated the case and prosecuted six persons including these three appellants on charge of murder before the Additional Sessions Judge. 3. The prosecution examined 19 witn...... 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)
....uch fees ; (f) require any person to furnish to the Custodian such returns, accounts and other information and to produce such documents, as the Custodian considers necessary for the discharge of his functions under the order; and any such order may contain such inci...... 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)
....lacement by a conviction is possible only if the Supreme Court be satisfied independently that evidence in the case wag in quality and quantity adequate to support the conviction of the offence charged.'' 3. The prosecution case is that on 12-7-72 the house of Khijir, one of the th......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
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ation preferred an application under section 115 of the Code of Civil Procedure before the High Court Division, being Civil Revision No. 506 of 1986. The learned Judge of the High Court Division discharged the Rule on finding that respondents being appointed under Ordinance XIX of 1977, the term......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