Search Options
Judgment Advanced Search
Displaying 4981-5000 of 5867 results.
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ppellants. AW Bhuiyan, Additional Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sylhet Bench in Civil Revision No. 40 ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additiona..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....nt. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 149 of ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....r the Appellant. Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Criminal Appeal No. 21 of 1986. (From the Judgment and Order dated 27th July 1983 passed by the High Court Division, Dhaka Bench in Criminal Appeal No. 137 of 19...... the State in support of the appeal and Mr. Abdul Malek, Senior Advocate for the respondents and gone through the record. 21. I shall deal with the submissions closely but before that it may be noticed as to what are the circumstances sought to be proved in the case, who are the witnesses prov......f the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....structed by Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 67 of 1986. (From the Judgment and order passed by the High Court Division, Chittagong Bench dated 4.11.1985 in Civil Revision No. 241 of 1984). Judgment: &nbs......hsan Ali and others Vs. District Judge and others upheld the High Court's view that the appellate Court impliedly condoned the delay when the question of limitation was specifically brought to the notice of the appellate authority and in spite of that he allowed that appeal by deciding it on mer......the respondents. Respondent No. 1, Central Inland Water Transport Corporation Limited, defendant No. 2 in the suit, entered appearance on 28th November, 1980 and filed as many as eight applications for time for filing written statement. The last application for time, filed on 8th April, 1982, was..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....e, Advocate-on-Record-For the Respondent No. 1. Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 2 (State). Criminal Appeal No. 12 of 1991. From the Judgment and order dated 7.3.91 passed by the High Court Division, Dhaka in Criminal Revision No. 265 of 1988). ......e technicalities. The reasons for not interfering under section 561A will equally apply if it were a revision only. 10. The nature of the Rule issued by the High Court Division may again be noticed. The final order dated 25.6.88 has been assailed, not because of any defect or error of pr...... quashing the judgment and order dated 25.6.88 passed by the Metropolitan Magistrate, Dhaka in P Case No. 383 of 1987 under section 561A of the Code. 2. Claiming by a petition dated 1.9.87 before the Chief Metropolitan Magistrate, Dhaka, that the case land, namely, more or less two bighas ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....ted by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the High Court Division, Dhaka in Criminal Revision No. 226 of 1991). ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... 2, 1991. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
....e, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellants. Mvi. Wahidulla (Md), Advocate-on-Record-For the Respondent. Criminal Appeal No. 7 of 1990 (From the Order dated 12.3.90 passed by the High Court Division, Dhaka in Criminal Appeal No. 173 of 1990.) ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......rt Division while admitting the appeal arising out of an order of conviction and sentence under sections 325/34 and 316/34 of the Penal Code sentencing each of them to suffer rigorous imprisonment for one year and also to pay a fine. 2. The prosecution case, in brief, is that on 13.5.87 a..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....ate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the High Court Division, Barisal Bench, Barisal in Civil Revision Case Nos......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......als, Civil Appeal No. 19 of 1990 and Civil Appeal No. 20 of 1990, are disposed of by this judgment. Appellant filed two suits, Title Suit Nos. 52 and 53 of 1971, in First Court of Munsif, Pirojpur for a declaration that he purchased the respective suit lands from proforma defendant Nos. 2 and 3 ..Category: Property Law | Date: | Hits: 31
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). ......t that time Mr Amanullah Chowdhury. Secretary, Bulbul Lalit Kala Academy, filed a petition on 28.2.84 (Annexure J) to the same office challenging the appellants' deed of settlement (Annexure G). A notice dated 2.5.84 (Annexure K) was issued to the constituted Attorney of the appellants for a hea......from Judgment and Order dated 9 April, 1987, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. 2. The appellants filed the aforesaid writ petition against respondents Nos. 1-4 challenging the legality of the Memo No. Da-73/..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. ......d decree of the Trial Court dismissing the suit, is barred by limitation under Article 12(d), alternatively under Article 120 of the First Schedule to the Limitation Act. 2. Facts necessary for the disposal of the appeal are that the suit lands are 22.82 acres of char land at Village Maji..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......1934 and since then the said land was lying vacant, although the Railway was in possession thereof. Having found the said Abul Bashar to be in unauthorised occupation of the aforesaid Railway land notice was served on him under the East Bengal Government Land and Buildings (Recovery of Possessio......Assistant Judge Sadar Chittagong. 2 One Abul Bashar, predecessor-in-interest of the respondents, instituted other suit No. 99 of 1968 in the Second Court of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them f..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 ......as granted to consider whether the impugned order was passed in exercise of a proper and just discretion in the facts of the case and ex parte at the time of issuing the rule. 7. As already noticed the impugned injunction order which was for a period of 10 weeks only has already ceased to......Court Division in revision which has already run out its time. 2. Plaintiff-respondent Nos. 1-6 instituted Other Suit No. 71 of 1987 in the 5th Court of Assistant Judge, Chittagong on 8-8-87 for permanent injunction impleading the appellants as defendant Nos. 1 and 2 (defendant-appellant N..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......ard to that, a plea of suicide by taking poison was set up, which was totally disbelieved by the learned Judges of the High Court Division. (4) There is another very material fact which has been noticed by the learned Sessions Judge but the learned Judges of the High Court Division were totall...... No. 3 of 1983 with Criminal Appeal No. 66 of 1983). Judgment: MH Rahman J.- The respondent Mofazzal Hossain Pramanik along with four others were tried under sections 302/34 of the Penal Code for killing wife Halima Bibi. He was convicted by the Trial Court under section 302 of the Penal Cod..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......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......stimonies in court. The learned Judges of the High Court Division have not considered the material discrepancies, contradictions and omissions in the evidence of the eye‑witnesses in their judgment for which an error has crept in the judgment resulting in the conviction of the appellants. In view ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....th being placed under it, under the provisions of Bangladesh Industrial Enterprises (Nationalisation) Order, 1972—P.O. 27 of 1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 1985, has answered the question in the negative ov......was transferred by the Corporation to its Zonal Office but before he joined there his services were terminated by the Corporation by an order dated 8 August 1977 on payment of 90 days' pay in lieu of notice in terms of his appointment as an employee of the Mohsen Jute Mills Ltd. He challenged this...... 1985, has answered the question in the negative over turning the trial Court's decision given in Title Suit No. 391 of 1983 of the Sixth Court of Munsif, Dhaka, which was filed by the respondent before us. 2. The respondent, Mohammad Sanaullah, was first appointed as an ordinary employee in th..Category: Employment/Service Law | Date: | Hits: 143
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......sides other charges. Ail the accused were convicted under section 148 only while Walia was found guilty under section 302 and sentenced to death. In the appeal before the High Coon at Lahore, similar notice as in the present case to the accused for alteration of conviction and enhancement of sentenc......ppellant. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 18 of 1985. Judgment: A.T.M. Afzal J.- The point for consideration in this appeal by leave is whether in an appeal from conviction, the Appellate Cou..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......ere pursuing their application before the Sessions Judge, Munshigonj but as no order was passed they could not come to the High Court Division. We are not impressed by his submission as it has been noticed that case No. 5/87 was taken up for trial in August '87 after transfer of the other case to ...... simultaneous trial is that the trials must be held in quick succession so that there occurs an over-all picture to the mind of the judge but if there is a long gap between the two trials the purpose for which a simultaneous trial is held by the same court is almost lost. As bulk of the accuseds in ..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......ourts below erred in failing to consider the question as to whether there was any fraud and material irregularity in publishing and conducting the sales and whether the courts below ought to have noticed Ext.3 and 3(a) which show that there was no arrear of rent for the period in question and fu..............Respondents Judgment July 15, 1986. Civil Appeal No. 75 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90 The merit of the case could not be considered before deciding the question of limitation. The applications being clearly time-barred, the courts wer..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....ion of arrear rent. The suit was decreed by the trial court but the decree was reversed in appeal. A learned Single Judge of the High Court Division, Rangpur Bench, by the impugned judgment and order dated 15th November, 1984 passed in Second Appeal No. 138 of 1979 set aside the appellate judgment...... under the plaintiff’s in respect of the premises and entitling the respondents getting eviction of the appellants on ground of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new case……......te-on-Record, For the Respondent Nos. 1& 2. Civil Appeal No. 27 of 1985. Judgment: A.T.M. Afzal J. - This appeal by special leave is at the instance of the defendant and arises out suit for eviction of the said defendant from the remises as a monthly tenant and realisation of arrear re..Category: Tenancy Law | Date: | Hits: 106
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......aintenance of the fishery. Having come to know the Government contemplation to cancel its lease at the instance of some interested persons it filed a representation to the Government and a demand notice for justice urging upon the Government not to lease out the fishery to any other person. ...... Judgment April 20, 1986. Civil Appeal No. 18 of 1986 The Evidence Act, 1872 (1 of 1872), Section 115 Pleading unawareness is one of the most convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appel..Category: Property Law | Date: | Hits: 34
17921791179017891788178717801779177717761767176117501730172717231722171917181716