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Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....pellant. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on- Record— For the Respondents. Civil Appeal No. 47 of 1989. (From the judgment and ordered dated 13.2.1989 passed by the High Court Division, in Writ Petition No. 316 of 1986). Judgment ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... and another..............................Respondents Judgment. June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 w......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....Senior Advocate (Mozammal Hoq Bhuiyan, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 60 of 1986. (From the judgment and order dated 8th May, 1986 passed by the High Court Division, Dhaka in Appeal from Original Order No. 18 of......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
.... allowed under section 4 of the Partition Act it involves a kind of forced sale for the stranger-purchaser. And hence the Court would in equity determine the valuation of the transferred share on the date of the filing of the application for permission to purchase the share of the stranger-purchaser......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ructed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Criminal Petition for Special Leave to Appeal No. 130 of 1985. (From the judgment and order dated 7.8.85 passed by the High Court Division, Sylhet Bench in Criminal Appeal No. 7(c) of 1982.) ......ce. The only evidence is that, that also stated by P.W. 1 only in cross-examination, the deceased Motahar had assaulted Arman Ali (Respondent No. 1) with shoes about 10-11 months prior to the date of occurrence due to a quarrel at the bazar. The witness, however, admitted that respondents Arman and ..Category: Criminal Law | Date: | Hits: 43
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....im, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Appellant. Abu Backkar, Advocate-on-Record.—For the Respondent. Civil Appeal No. 13 of 1986. (From the judgment and order dated 3rd April, 1985 passed by the High Court Division, Dhaka, in Civil Miscellaneous Appeal No. 19......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....khrul Islam, Assistant Attorney General with him), instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent (State). Criminal Appeal No. 5 of 1988. (From the judgment and order dated 20 July 1987 passed by the High Court Division, Sessions at Chittagong, in Govt. (Criminal) Ap......at the appellants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), sections 3 & 53 Whenever interested persons claiming to be eyewitnesses of an occurrence charge persons against whom they have some motive for false implication with the commissi..Category: Criminal Law | Date: | Hits: 52
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....ate-on-Record-For the Appellant. Kazi Ebadul Hoque, Advocate-on-Record-For Respondent No. 1. Ex-parte.-Respondent Nos. 2 & 3. Civil Appeal No. 62 of 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... Others...............................Respondents Judgment April 2, 1989. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after bein...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....d —For Respondent No.1. No one for Respondent No. 2. Criminal Appeal No. 8 of 1987. Judgment ATM Afzal J.-This appeal by special leave by the four (4) accused-appellants is from order dated 17 June, 1987 passed by the High Court Division, Dhaka rejecting summarily their application......ated in the post mortem report to be some other (heart failure, old age, etc.) than infliction of the alleged injuries by the accused and the victim having died after more than a month of the alleged occurrence, the alleged acts of the accused, even if true, cannot attract section 304 but, if at all..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ppellants. B. Hossain, Advocate-on-Record. —For the Respondent. Criminal Appeal No. 23 of 1986. Judgment MH Rahman J.-This is an appeal by special leave against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Bench confirming the conviction of the a......mmon intention of the appellants to murder the deceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately before the occurrence. Appellants Mir Ali burled the ballam blow on the chest of the victim causing his death o..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
...., instructed by B.C. Panday, Advocate-on-Record - For the Respondents Nos. 2 & 3. Not represented - Respondent Nos. 4 and 5. Criminal Appeal No. 20 of 1977 (From the Judgment and Order dated 2.9.1975 passed by the High Court Division in Criminal Revision No. 787 of 1974) Judgment ......persons were reported to be Freedom Fighters and were falsely implicated in this case. That the accused persons were members of the Mukti Bahini during the liberation War was merely incidental to the occurrence itself. The main ground for which the case has been withdrawn against the said persons wa..Category: Criminal Law | Date: | Hits: 43
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Respondents. Civil Appeal No. 18 of 1978 (From the Judgment and Order dated 22-04-1977 passed by the High Court in Civil Revision Case No.1445 of 1975) Judgment K...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....y to report to the Medical Officer of the Company on 2.2.76. Respondent No.2, however, did not produce herself before the Medical Officer as directed by the Company and then the Company by a letter dated 9.2.76 informed her that, on account of her failure to report to duty within 10 days from the ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....and for sole respondent (In Civil Appeal No. 82 of 1977). Respondent - Not Represented (In Civil Appeal No.81 of 1977). Civil Appeal Nos. 81 and 82 of 1977 (From the Judgment and decree dated 7-3-1974 passed by the High Court Division in S.A. Nos. 1005 & 1006 of 1961) Judgment ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....Record - For the Appellant (In Criminal Appeal No.9 of 1977). Abul Kashem, Advocate - For the Respondents No.1 and 3-7. Criminal Appeal Nos. 8 and 9 of 1977 (From the Judgment and Order dated 25-6-1975 passed by the High Court Division in Death Reference No.1 of 1974 and Criminal Appea......W.1 also raised alarm and went to the rescue of Rashid Khondker but Sasan, Elemuddin, Abu, Rafizuddin and Akkel obstructed him. Rashid Khondker's house is about two rashis to the west of the place of occurrence and the house of P.W.1. was 10/12 cubits behind Rashid Khondker's house. 3. Hearing t..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....Aminul Huq, Advocate-on Record - For Respondents No.1 & 2. Not Represented - Respondent Nos. 3-19. Civil Appeal No. 24 of 1977 (From the judgement and order of the High Court Division dated 5-4-1976 in F.M.A. 96 of 1974) Judgment Ruhul Islam J.- This appeal by special leave a......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....yeem, Advocates instructed by Abu Backkar, Advocate-on-Record - For the Respondents. Criminal Appeal Nos. 6 & 7 of 1978 (Arising out from the judgment and order of the High Court Division dated December 5, 1977 passed in the Criminal Revision No.432 and 475 of 1977) Judgment Ruhu......ngs on the view that the proceedings against the petitioners, if allowed to continue, would lead to the abuse of the process of the Court because none of these petitioners, was seen near the place of occurrence and no witness was forthcoming to make accusation implicating them with the alleged offen..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....rney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advocate-on-Record - For the Respondents. Criminal Appeal No.6 of 1977 (From the Judgment and Order dated 7-4-76 passed by the High Court Division in Writ petition No.709 of 1974). Judgment Ke......leged, that a case is pending. It is now well settled that for individual isolated act of crime preventive detention law cannot be resorted to, unless the authority has materials to believe about the occurrence of such crime. There is no such mention in ground 4. This ground also does not stand the ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....y-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by M. JR. Khan, Advocate-on-Record - For the Respondent. Criminal Appeal No. 12 of 1977 From the Judgment and Order dated 6-5-1970 passed by the Dacca High Court in Criminal Revision No. 287 of 1969. Judgment ...... But there is no total denial to make his statement a contradictory one. His statement in-chief is positive. 11. We now turn to the evidence of P.W.8. He is a Pan Shop owner near the place of occurrence and he identified Moyez. On 16.3.67 he was coming from Bazar through Nutungali and crosse..Category: Criminal Law | Date: | Hits: 41
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