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Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....l Appeal No. 52 of 1989) Alimuzzaman Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For Respondent No. 2 (In Civil Appeal No. 53 of 1989) Substituted vide order dated 24.10.89 who are already on record ‑ Respondent No. 5 (in CA No‑52/1989) Substituted vi......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....t Attorney ‑General, with him) instructed by Md. Wahidullah, Advocate‑on‑Record ‑ For the Respondent. Criminal Appeal No.9 of 1990 (From the Judgment and Order dated 16th January, 1990 passed by the High Court Division Barisal Session in Criminal Appeal No. ......ation for her non examination) nor any of the alleged eye‑witnesses stated as to who among the accused had removed the ornaments from the person of Jahanara. It is in evidence that after the occurrence the witnesses came and saw the broken trunks and broken locks. But strangely enough, the..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... Abdur Rashid, Advocate, instructed by Shamsul Hoque Siddique, Advocate‑on ‑Record ‑ For the Respondents. Criminal Appeal No. 4 of 1990 (From the Judgment and Order dated 27.6.1989 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 44 of 1987) ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....09;on‑Record ‑ For the Appellants. B Hossain, Advocate‑on‑Record ‑ For the Respondent. Criminal Appeal No. 1 of 1991 (From the Judgment and order dated 28th May, 1990 passed by the High Court Division, Barisal Session, in Death Reference No. 6 ...... statement Ext.5, stated, inter alia, that deceased Zahura Khatun was his step‑mother‑in‑law, that he entered into the room of Zahura Khatun at about 8‑00 PM in the night of occurrence when she was offering her Esha prayer and on entering the room he put off the lamp and t..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....;on‑Record – For the Appellant Mohammad Ayub, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.54 of 1986 (From the Judgment and decree dated 3rd June, 1985 passed by the High court Division, Sylhet Bench, Sylhet in Second Appeal No.90......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
...., (Sharifuddin Chaklader, Assistant Attorney‑General, with him) instructed by AW Mallik, Advocate‑on‑Record. Civil Appeal No. 25 of 1991 (From the judgment and order dated 6th March, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 136 of 1991) ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....te‑on‑Record ‑ For the Petitioners. Not represented ‑ For Respondents. Civil Petition for Leave to Appeal No. 103 of 1991 (From the Judgment and order dated 26.7.90 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 34 of 1988......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
.... B Hossain, Deputy Attorney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respondent. Criminal Appeal No. 13 of 1989 (From the Judgment and order dated 26th January, 1987 passed by the High Court Division, Jessore Sessions, Jessore in Death Refe......houlder and a dao in his right hand. Accused Babor Ali was wearing lungi and shoes at that time. PW Rahela Khatun disclosed that she saw all the accused persons killing her husband in the night of occurrence as she woke up earlier than the informant an hearing the movements of human beings. Subs..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....ants. SC Das, Advocate instructed by Sharifuddin Chaklader, Advocate‑on ‑Record ‑For Respondent No. 1. Civil Appeal No. 31 of 1986 (From the Judgment and order dated 14.1.85 passed by the High Court Division, Chittagong Bench in the Civil Revision No. 11 of ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....n ‑Record‑ For the Appellants, Md. Nowab Ali, Advocate‑on‑Record ‑For the Respondent. Criminal Appeal No. 7 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No......at that time he heard a sound from the eastern corner of his house and going over there he saw that accused Masabber Chacha and others were running away with chora in their hands from the place of occurrence. The informant and others found victim Nurul Islam dead. On this allegation Jagannathpur..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....Ahmed, Advocate-on-Record—For the Respondent Nos. 1-15. Exparte—Respondent Nos. 16 to 20. Civil Appeal No. 28-D of 1971 (On appeal from the judgment and decree dated 28th June, 1968 passed by the High Court Division in Appeal from Original Decree No. 138 of l......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 516 of 1......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From the judgment and order dated 24-7-1972 passed by the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 of 1966......ch of the High Court of Bangladesh. 2. The appellant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence involving two deaths by gun shot injuries. Two charges, one under section 148 and anoth..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....lant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 1969.) ...... A.M. woke up from sleep on hearing cries of his wife. He lit his torch and saw the two accused inside his hut. The accused then fled away. Their alarm attracted the neighbours, who heard about the occurrence and the recognition of the two accused from the informant and his wife. A sindh was foun..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... S. S. Hoda, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent Nos. 2 to 4. Civil Appeal No. 21 of 1975. (On appeal from the judgment and order of the High Court Division dated 22. 5. 75 passed in petition No. 1054 of 1974). Judgment Mahmud Husain CJ.—This appeal......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....ry, Advocate-on-Record—For Respondents. No. 1. Ranadhir Sen, Deputy Attorney-General— Amicus Curiae. Civil Appeal No. 13-D of 1971 (From the Judgment and Order dated 26-2-1968, passed by the Dacca High Court in F.M.A. No. 59 of 1967). Judgment: ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....ocate, instructed by A. W. Mian, Advocate-on-Record—For the Appellant. Md. Nurul Advocate-on-Record—For the Respondent. Civil Appeal No. 100-D of 1968. (From the Judgment and Decree dated 6-6-1967 passed by the Dacca High Court in S.A. No. 1014 of 1965) Judgment: Debesh Cha......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....No. 1-39, 42-53. Anwarul Huq Chowdhury, Advocate, instructed by A. W. Mallick, Advocate-on-Record —For the Respondent No. 54. Civil Appeal No. 21 of 1973. (From the Judgment and Order dated 28.7.1971 passed by the Dacca High Court in Civil Revision No. 962 of 1967) Judgment ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
....nior Advocate, instructed by Daliluddin Ahmed, Advocate-on-Record—For the Respondent No. 1.
Ex parte—Respondent No. 2—5.
Civil Appeal No. 8 -D of 1970.
(From the Judgment and Decree date 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemalud...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....eer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellate Division Rules 1973. Civil Appeal No. 10 of 1975 (From the Order dated 3-12-1974 passed by the High Court Division in Petition No. 1473 of 1974). Judgment De......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
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