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Sufia Khanam Chowdhury Vs. Faizun Nesa Chow­dhury, 1987, 16 CLC (AD)

....hman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record-For the added Respondents (In both the cases). Civil Appeal Nos 26 and 27 of 1984. (From the judgement and decree dated 16-2-83 passed by the High Court Division, Comilla Bench, in Second Appeal Nos, 402 and 403 ......irection for amendment of the plaint is set aside and that of the trial Court is resto­red. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 86

Hazera Begum and others Vs. Roushan Ara Be­gum and others, 1987, 16 CLC (AD)

.... Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos. 1 & 2. Abated vide Court's Order dated 21.1.85— For the Respondent Nos. 39-40 & 47. Ex-Parte-For the Respondent Nos......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismi­ssed. There will, however, be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 50

Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)

....Senior Advocate, Rokanuddin Mahmud, Advocate with him instruc­ted by Syed Sakhawat Ali, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 43 of 1985. (From the Judgment and Order dated 21.1.85 passed by the High court Division, Chittagong in Civil Revision No. 128 of 1978). ......r Chowdhury, J. 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: 39 DLR (AD) 1. ..

Category: Property Law | Date: | Hits: 48

Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)

....structed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 58 of 1983. From the Judgment and Order dated 30.583 passed by the High Court Division, Dhaka in Criminal Appeal No.3 of 1982. Judgment ......e pressed her husband to the ground. After her husband died all of them left the hut through the eastern door. 3. Hearing her alarm witnesses and neighbors from adjoining huts came to the place of occurrence. She narrated the occurrence and her recognition of the accused persons to them. Some of ..

Category: Criminal Law | Date: | Hits: 56

Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)

....Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. Civil Appeal No. 71 of 1985. (From the Judgment and Order dated 30.10.84 passed by the High Court Division, Comilla Civil Revision No. 140 of 1983). Judgme......1979 of the Court of Subor­dinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..

Category: Property Law | Date: | Hits: 42

Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)

....rned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for t......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..

Category: Criminal Law | Date: | Hits: 38

Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)

..... M. Zahir, Senior Advocate (Mahbubey Alam, Advocate with him instructed by Ahmed Nurur Reza, Advocate-on-Record-For the Respondents. Civil Appeal No. 17 of 1986. (From the Judgment & Order dated 20.11.85 passed by the High Court Division, Dhaka in Matter No. 13 of 1986.) Judgment: ...... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..

Category: Business or Commercial Law | Date: | Hits: 111

Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)

.... & others………………………Respondent Judgment Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a Noti­fication dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stat...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..

Category: Tenancy Law | Date: | Hits: 108

Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)

....ul Hague Siddique, Advocate-on-Record- For the Respondent No. 1 (W). Ex-parte—For the Respondent No. 1(a), 1(c), 1(2) & 2. Civil appeal No 125 of 1984. (From the Judgment and Order dated 1st April, 1984 Passed by the High Court Division, Chittagong in First Appeal No. 17(c) of 198......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..

Category: Criminal Law | Date: | Hits: 88

Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)

..... Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (A......sing the Tribunal's order and dismissing the election-petition. The appeal is, accord­ingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..

Category: Election Law | Date: | Hits: 140

Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)

....cord—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4—32. Civil Appeal No. 21 of 1984. (From the judgment and order dated 30 October, 1983 passed by the High Court Division, Dhaka, to Civil Revision No. 242 of 1983.)......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed with­out, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..

Category: Property Law | Date: | Hits: 51

Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)

.... For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not Represented—For Respondent Nos. 1, 2, 4-14 & 17 (in both the appeals). Criminal Appeal Nos. 48 and 49 of 1985. From the order dated 5.8.85 passed by the High Court Division, Dhaka Bench in Writ Petitions No. 253 of 1985 and fr......on and appointed a Receiver.) The learned Ses­sions Judge noticed that the previous case, being M.R. Case No. 20 of 1984 was dropped on 27.10.84. The first party attempted to revive the two dates of occurrence, namely, 17.7.84 and 4.11.84. It was noticed that there has been series of transactions b..

Category: Criminal Law | Date: | Hits: 42

Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)

....essions Case presupposes the appearance of the accused before the court for the purpose of hearing the accusation or charge against him or them. The trial actually started on 16.03.1981 and it is the date which should be reckoned as the starting point of the trial. The High Court Division committed ......rovision for assessor was withdrawn…………(8 & 10) Since the act of murder was committed in furtherance of the common object of all the accused and all of them in fact participated in the occurrence in different manner with such common intention, the learned Additional Sessions Judge rig..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)

.... Advocate with him), instructed by Mohammad Ayub, Advocate-on-Record—For the Respondent (In Civil Appeal No. 164 of 1983). Civil Appeal Nos. 63 & 164 of 1983. From the Judgment and Order dated 27.6.83 passed by the High Court Division, Dhaka in Civil Revision Nos. 103 & 153 of 1983.......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..

Category: Property Law | Date: | Hits: 202

Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)

....nior Advocate, Instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 73 of 1984. (From the judgment and order dated 22.11.1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 893 of 1981......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no or­der as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..

Category: Tenancy Law | Date: | Hits: 65

Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)

...., Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hussain, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 68 of 1983. (From the judgment and order dated May 5, 1981 passed by the High Court Division in Civil Revision No. 263 of 1981.) Judgment ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..

Category: Family Law | Date: | Hits: 239

Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)

.... Advocate (A. J. Mohammad Ali, Advocate with him) instructed by Mr. Sharifuddin Chaklader, Advocate-on-Re­cord—For the Respondent. Civil Appeal No. 33 of 1984. (From the Judgment and Decree dated 16.2.82 passed by the High Court Division in Second Appeal No. 45 of 1963.) Judgment: Fa......their opinion it would have been most unfortunate if they had been co­mpelled to adopt the construction placed upon the Act by the Courts in India. Sales for arrears of revenue are of constant occurrence; anything which im­pairs the security of purchasers at those sales tends to lower the ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)

....e, with him), instructed by Md Aftab Hossain, Advocate on Record—For the Respondent No.1. Ex-parte- For the Respondent Nos. 3-13. Civil Appeal No. 103 of 1984 (From the Judgment and order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 ......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..

Category: Property Law | Date: | Hits: 37

Government of Bang­ladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)

.... Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For the Respondent Nos. 2—4. Ex-parte-For the Respondent Nos. 5 & 6. Civil Appeal No. 166 of 1983. (From the judgment and order dated 13th April, 1983 passed by the High Court Division, Dhaka, Beach in Civil Revision No. 1226 of......s unfounded. In the result, therefore, this appeal is dis­missed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..

Category: Property Law | Date: | Hits: 37

Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)

....ate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 37 of 1985 (From the Judgment and order dated 17-1-83 passed by the High Court Division, Dhaka in Death Reference No.9 of 1980 and Criminal ...... important witness like him to whom the eyewitness claimed to have reported this horrible incident immediately after it should not be simply tendered. Evidence of P.W.1 shows that around the place of occurrence and on the long way from the place of occur­rence to his house there were innumerable ho..

Category: Criminal Law | Date: | Hits: 60