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Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....Let a Rule Nisi issue calling upon the respondents 1-5 to show cause as to why the impunged order of the fisheries in question with the respondent No.5 by the respondent No.1 on 19.7.1985 or at any date vide the Annexure-‘D’ should not be declared to have been granted or given without any lawf......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... T. Monwaruddin, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. (In all the appeals). Civil Appeal Nos. 10, 11 & 12 of 1987. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 of 198......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....Record- For the Appellant. A.J. Mohammad Ali, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 2 of 1987 (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revision No. 652 of 1985.) Judgm......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....H. Khan, Senior Advocate, (M. A. Whab Miah, Advocate with him) instructed by N. H. Khandkar, Advocate-on-Record - For respondent No. 1 Civil Appeal No. 124 of 1983. (From the Judgment and Order dated 12.4.82 passed by the High Court Division, Dhaka in First Appeal No. 478 of 1986). Judgment...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....ndent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August, 1986 passed by the High Court Division (Circuit Bench, Chittagong) in revision upho......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
..... R. Pal. Senior Advocate (Zakir Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 24 of 1987. (From the judgment and order dated 9th July, 1987 passed by the High Court Division, Dhaka, in Writ Petition No. 57 of 1987.) ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record -For the Respondent. Criminal Appeal No. 2 of 1986. (From the judgment and order dated 14th February 1985, passed by the High Court Division, Jessore in Criminal Appeal No. 38 of 19......igh Court Division (Jessore Bench) in appeal upholding the conviction of the appellants under section 302/34 Penal Code and sentence of transportation for life passed thereunder. 2. There was an occurrence in the night following 31 Aswin 1381 B.S. (18.10.82) in village Ram-nagar under P.S. Ab..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....iqur Rahman, Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 14th August, 1982 passed by the High Court Division, Dhaka Bench in Second Appeal No. 322 of 1......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. B. Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 15 of 1987. (From the Judgment, and order dated 5.7.87 passed by the High Court Division, Jessore in Criminal Appeal No. 225 of 1985.) Ju....... The fact that false information as to the disappearance of Laxmi Rani was supplied makes the case worse for the accused and it only entrenches belief in the confession made by him so soon after the occurrence. Thus we find no substance in cither of the grounds under consideration. 18. As to the..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....ique-ul-Huq, Senior Advocate (Md. Fazlul Huq, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 17 of 1987. (From the judgment and order dated 31.3.1987 passed by the High Court Division, Dhaka Bench, in Writ Petition No. 12 of 1985.) ......Chowdhury 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: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....ining the tenancy or demanding rents. Defendant-appellants did not receive any notice from the plaintiff-respondent by registered post or under certificate of posting on November 7, 1973 or any other date. 4. Defendant-appellants' further case was that the plaintiff-respondent collected rents fo......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
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....ord. - For the Appellant. Mainul Husain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.— For the Respondents. Criminal Appeal No. 10 of 1985. (From the judgment and order dated 10.1.84 passed by the High Court Division, Barisal Bench, in Criminal Reference Case No. 3 of ......V of 1898), sections 164 and 364 The Penal Code, 1860 [XLV of 1860], Section 201 The two alleged eye witnesses having not disclosed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrat..Category: Criminal Law | Date: | Hits: 45
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....udgment August 18, 1987. The Code of Criminal procedure, 1898 (V of 1898), Section 339C read with Ordinance No. 37 of 1983 Time limit for trial was extended from time to time and the last date for conclusion of trial was on 30/06/1985. The order being passed on 19/03/1995 during operatio......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)
....cted by Sharifuddin Chaklader, Advocate-on-Record.-For the petitioner. Not represented-Respondent. Criminal petition for special leave to appeal No. 36 of 1986. (From the judgment and order dated 2.2.86 passed by the High Court Division, Comilla Bench, in the Criminal Revision No.14 of 198......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
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....f which the present appeal has arisen was instituted on 17th January 1975, it is not necessary to consider the allegations of default' made by the defendant-appellant for the period subsequent to the date of the institution of the suit for determining whether it was liable to eviction for default. ......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....e appellant B. Hossain, Assistant Attorney- General, instructed by M. R. Khan, Advocate-on-Rccord. (absent)- For the Respondent. Criminal Appeal No. 12 of 1985. (From the judgment and order dated 14.6.84 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No. 410 of 1983.)......t: 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 alarm being raised witnesses came and saw the occurrence and that the appellant was caught hold of by the witnesses and taken to the house of Alef..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....dar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants entered in to the suit land even on 30th Chaitra 1359 B.S. i.e. 13th April, 1953 A.D. the twelve years running from that date ended on 13.4.1965 A.D. and as the Civil Court was closed from 12th April, 1965 to 15ih April, ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....tiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back to the bainapatra dated 30.12.72 and in pursuance of which the document of the defendant was registered by the vendor.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....nt Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record. - For Respondent Nos. 1 and 2. Ex parte - Respondent No.3. Criminal Appeal No. 17 of 1986. (From the judgment and order dated 30.6.1985 and 15.7.1985 passed by the High Court Division Jessore Bench, in Criminal Revision ...... Kamal Hossain, learned Counsel appearing for the accused appellants, submits that such a proceeding should be quashed, inasmuch as the reasons for delay are unconvincing. The argument has force. The occurrence took place in 1973 and not a word of this occurrence was told to anybody. No G.D. entry w..Category: Criminal Law | Date: | Hits: 46
Category: Business or Commercial Law | Date: | Hits: 95