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Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....fuddin Chaklader, Advocate-on-Record— For the Appellant. Bakhtiar Hossain, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 18 of 1988. (From The Judgement and order dated 11.5.87 passed by the High Court Division, Jessore Session, Jessore in Death Reference No. 2 o...... whereupon neighbour Professor Waned Anwarul Kader (P.W.1), Md. Hashem Air (P.W. 14), Md. Khizir Ahmed (P.W.5) and Professor Harun-or-Rashid (P.W. 13) and many others came and saw and heard about the occurrence. 3. On the allegation police investigated the case and submitted charge-sheet. Prosecu..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....8/85. The suit was for declaration of Title and further that the S.A. Khatian was wrong. Some of the defendants filed written statement raising, amongst others, the plea of res-Judicata. 3. On the date of peremptory hearing of the suit (9.3.85) the plaintiffs filed a petition for withdrawing th......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....s in question the propriety of conviction and sentence of the appellants under sections 302/34 and 364 of the Penal Code. They were convicted by the Additional Sessions Judge, Noakhali, by an order dated 4 May 1983 and sentenced to transportation for life. They preferred an appeal but it was dis...... The State……………………………………Respondent Judgment January 30, 1989 The Penal Code, 1860 (XLV of 1860), sections 302/34 There are several neighbours to the place of occurrence who could have been natural witnesses about the incident, but they were not examined. The..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....or the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Judgement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Appeal No. 132 of 1983)....... measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B.S. corresponding to January 1980 AD. He claimed to have grown Irri paddy therein; but on the dale of occurrence, 3 Baishak 1387 B.S. corresponding to 18 April 1980 these appellants, along with 15 other..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....tructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
.... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear fi......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....rotect the tenant from ejectment for default. 2. Respondent landlord created a monthly tenancy in favour of the appellant by letting a shop room in the Balaka Building tinder an Agreement of Lease dated 1 September 1978 for the period ending by 31 December 1983 at a rent of Tk.600/- per month, wh...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.... by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. Civil Appeal No. 34 of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....e offence under section 448 Penal Code and accordingly convicted; him thereunder and sentenced him to a fine of Tk.1000/- in default to rigorous imprisonment for one month-by his judgment and order dated 25.4.83. He further directed the appellant under section 522(1) of the Code of Criminal Proc......m, ousted her there from and looted away certain articles i.e. a two-in-one, a Chinese wall-clock and clothes, etc. Rokeya Begum (P.W.1) lodged an F.I.R. with Gulshan P.S. five days after the alleged occurrence on 27.12.82 whereupon the appellant was eventually brought to trial before a Metropolitan..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 39 of 1986. (From the Judgement and order dated 6th August, 1984 passed by the High Court Division, Rangpur Bench in Criminal Appeal No. 351...... Vs. The State………………………………………………Respondent Judgment Augusts, 1987. The Evidence Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occur..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....e with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 Judgement: A.T.M. Afzal J. — This appeal by leave is from an order dated 27 October, 1987 passed by a Division Bench of the High Court Division, Dhaka rejecting th......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....e Code of Civil Procedure which was rejected by the Learned Munsif on 9.1.85. This order has been upheld in revision by a single judge of the High Court Division, Sylhet Bench by the impugned order dated 11th February 1985. 2. Leave was granted to consider whether the stay of execution of the d......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....9-11. Civil Appeals Nos. 77 and 78 of 1984 Judgement Shahabuddin Ahmed J.- These two appeals by special leave, at the instance of the plaintiffs, have arisen out of a judgment and decree dated 5 April 1984 of the High Court Division (Comilla Bench) modifying the judgment and decree date......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ent of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers for the conduct of election, and powers and duties of such officers; (b) the nomination of candidates, objections to nominations and scrutiny of nominations; (c) the deposits to be made by ......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....of 1980 in the Court of Munsif, Second Court, Barisal for a declaration that defendant No.2 Superintending Engineer, Public Health Engineering, in short P.H.E., Khulna Circle by his Memo N0.1207/KC dated 25.4.1977 (vide Annexure-A) illegally initiated a departmental proceeding against him and by h......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....t moratorium from the High Court and for that purpose submitted a Scheme of Arrangement duly approved in a general meeting of the creditors. The Court sanctioned the Scheme of Arrangement by an order dated 4th August, 1950 and allowed the moratorium in terms of the Scheme of Arrangement, but the ban......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......der of the accused Kachu the accused Lalu gave a balsira dao blow on the chest of Yasin causing a grievous injury. Yasin fell down. When his sister and wife raised alarm the accused left the place of occurrence. P.W. 7 Raijuddin, Kashem and Fazal and others came to the place of occurrence. P.W. 1 na..Category: Criminal Law | Date: | Hits: 53
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Criminal Appeal No. 8 of 1984. (From the judgment and order dated 27.10.83 passed by the High Court Division in Criminal Appeal No. 307 of 1983.) ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
..... W. Mian, Advocate-on-Record- For the appellant. Shahabuddin Ahmed, Advocate-on-Record— For the respondent. Civil Appeal No. 49 of 1983. (From the Judgment and Order dated 10 August 1981 passed by the High Court Division in F.M.A. No, 142 of 1974). Judgment......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111