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Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
.... Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent No. 5. Civil Appeal No. 37 of 1988. (From the Judgment and Order dated 9th April, 1987, passed by the High Court Division, in Writ Petition No. 93 of 1985). ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....to 5(a) VIII, 6, 9 (Ka) - 9 (cha), 11-12, 13(1) to 13(6). Ex parte - Respondent Nos. 7, 8, 10(a) to 10 (c), 14 to 25. Civil Appeal No. 10 of 1985. (From the Judgment and order dated 3.11.83 passed by the High Court Division, Comilla Bench in First Appeal No. 358 of 1968). ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....han, Senior Advocate, (MA Wahab Mia Advocate, with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent Nos. 2 and 3, Dead. Substitution exempted vide Courts Order dated 5.2.87-Respondent No. 1. Civil Appeal No. 53 of 1986. (From the judgment and O...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....nts. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 6. Not represented-Respondent Nos. 7-8. Civil Appeal No. 63 of 1989. (From the Judgment and Order dated 2nd April, 1989 passed by the High Court Division, Chittagong Bench in Civil Revision No. 89 ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Reference No. 3 o......led the informant PW 1 and recorded the FIR on 16.10.81. 3. The defence case is that Halima Bibi committed suicide by liking poison. Further case of the respondent is that from two days before the occurrence he was at his maternal grand-father's place in the village Krishnapur and was engaged in ..Category: Criminal Law | Date: | Hits: 49
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......f appellant No. 3 Salem Howlader while PWs 2 and 3 tried in vain to save the deceased from the hands of the accused persons. On hearing hue and cry of the informant and others present in the place of occurrence, PW 6, father of the deceased, PW 7 brother of the deceased and PWs 8 and 10 immediately ..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....te-on- Record— For the Respondent Nos. 2 to 4 & 6. Ex-parte—Respondent No. 5 Criminal Appeal No. 36 of 1984. Judgment: A.T.M. Afzal J. This appeal by leave is from judgment and order dated the 1st June 1988 passed by a Division Bench of the High Court Division, Dhaka refusing to i...... place of occurrence and heard about the assailants from Shamser Ali, Meheruddin and Fazar Ali. They claimed to have recognized the respondents as the assailants of Shamser Ali, from the place of occurrence Shamser Ali was taken to Islampur Thana Dispensary for treatment. There Doctor S.A. Wah..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....ocate-on-Record, — For the Respondent. Criminal Appeal No. 20 of 1986. Judgment: Shahabuddin Ahmed J. - In this appeal by special leave an order of the Additional Sessions Judge, Jessore, dated 5 March, 1983 convicting the four appellants under section 302/34 of the Penal Cods, which has......s assailants in his deposition, he did not mention any of them in his first information report except the four, accused-appellants namely, Shahjahan, Munsaf, Shamsher and Kawser. As to the place of occurrence, that is, place of assault on Majid, though he stated in his evidence that it was in the ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ses and tendered 4. 6. Defence case was one of denial and false implication of the accused out of enmity. 7. The learned Additional Sessions Judge,5thCourt, Mymensingh, by judgment and order dated 15.8.81, acquitted all the accused of the charge under section 302/34 Penal Code because the D......e on the left hand and other accused dealt him lathi, rod and roller blows. As Moniruddin intervened; he was also assaulted by he accused. P.W.3 Jaliluddin and P.W.6 Chand Mia who were nearby saw the occurrence. On hearing hue and cry other P.Ws. came and found Fakir lying injured under the tamari..Category: Criminal Law | Date: | Hits: 55
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......erent having no relationship with each other, the two cases are certainly not in respect of the same incident and could not be said to be a case and counter-case regarding the same incident or same occurrence necessitating in the interest of justice to be tried simultaneously by the same court. ..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
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....irected the Magistrate to follow the provisions of section 205-D of the Code. The complainant thereafter filed an application to withdraw from the proceeding and ultimately the Magistrate by an order dated 10 April 1981 dismissed the complaint for default. Amir Khan, a nephew of the deceased, who wa......r 1982 by which he dismissed the complaint the order is quoted below: "Heard both the parties today and examined the case records. Since the police has submitted C.S. in another case of the same occurrence and cognizance has been taken, I think there is no scope to continue this complaint case ..Category: Criminal Law | Date: | Hits: 75
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 ......er hand, is one of false implication because of the said enmity. Further defence suggestion was that the sons of the deceased in collusion with his enemies comitted the murder. 4. As to the actual occurrence, the prosecution case, briefly, is that while Safil Uddin was sleeping with his wife and ..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 ......to the attendant circumstances…………..(20 & 21) State................................................................Respondent Non-disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The alleged eye-witn..Category: Criminal Law | Date: | Hits: 61
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