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State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....ents 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 found out. Mo...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....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 re......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....fault of compliance with certain directions in certain legal proceedings. Article 3 of the PO No. 12 reads as follows: "Notwithstanding anything contained in any other law for the time being in force, all judgments, decrees or orders passed ex parte by any Court or Tribunal or ......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. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....t to the Government (Annexures H and I). 6. In April, 1984, the appellants applied to the ADC (LA) Dhaka for de‑requisition and restoration of possession of the said property. At that time Mr Amanullah Chowdhury. Secretary, Bulbul Lalit Kala Academy, filed a petition on 28.2.84 (Ann......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)
....imitation? If it applies, does the suit become void or voidable? Is Article 12(d) applicable to a void or voidable sale? Finally, is Article 120 applicable to the suit and if so is the suit within time under Article 120? 10. We shall first have a brief look at the nature of patni taluk an......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
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....cellaneous case was also dismissed for default of the defendant-petitioner on 14.5.86 at 12-30 PM. The defendant-petitioner filed hajira soon thereafter and submitted that he could not file hajira in time owing to hartal and prayed for an adjournment of the case. The prayer for adjournment was refus......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 105
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....bsp; ATM Afzal J.- This appeal by leave arises out of a temporary interim order passed by a Single Judge of the High 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......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)
....e evidence of PWS 2, 5 and 6 the High Court Division observed: "All that they have stated in evidence is that they did not find the condemned prisoner Mofazzal Hossain Pk. in his house at the time when they visited his house or subsequently at the time of inquest. The defence case that the ......914) 84 LJ KB 396). But if the accused in such a case does not give any explanation at all or gives a false or unacceptable explanation, this by itself is a circumstance which may well turn the scale against him. In the language or Prof, Glanville Williams, "All that the shifting or the ev..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....had many enemies and the deceased was not a person of good moral character and that he was murdered in the previous night and his dead body was thrown thereafter in the jungle. The defence denied the time, place and manner of occurrence as alleged by the prosecution. 5. In this case leave was gra......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. ..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....by respondents No. 2-6 and others in pursuance of their common intention to kill him. Admittedly there was litigation and enmity between the respondents and the deceased Shamser Ali Amin for a long time. The deceased as his name suggests was an 'Amin' i.e. his job involved measuring of lands. ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....cies in his evidence have been overlooked by both the trial court and the appellate court. 6. P.W.2, Suburannessa, is the wife, of Intaz and P.W.3 Mokbul is her son. They deposed that at the Asar time accused Anwar and Sultan had chased Majid and struck him with lathis in their house; but before......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....No. 2 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 497 Bail Matter The appellant not being named in the FIR and the investigation could not be completed even after taking time on several occasions by the IO and charge sheet not yet submitted on conclusion of investigatio......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ing that at about 9 a.m. on 21-5-85 his brother Nur Mohammad Miji was proceeding towards Dighirpar Bazar when he was called by his friend Salauauddin to the east of Dighirpar Union Board, at that time fighting was about to ensue between the men of Zaglul Haider and J.M. Iqbal. It was alleged tha......tion was that of Zaglul Haldar alias Bhulu. The bitterness created in the election between the parties continued and it is alleged that on 21.5.85 at about 2 p.m. men of Bachhu Haider committed large scale rioting in Dighirpar Bazar with fire-arms etc. in which two people, Mobarak Haider and Dulal H..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....Appeal The Penal Code (XLV OF 1860), section 147 No. 42 of 1986 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Bail Rejection of the appeal for appellants non-appearance at the time of filing of the appeal without giving an opportunity to the appellants, to appear before the H...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ourt Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four installments within the time specified in the order of bail and warned that in case any of the installments of fine was not ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
.... 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 were not obliged to consider the case on merit whether there were irregulari......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
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....rning-officer and the Presiding-officer election in the disputed centre, Benodepur, was held peacefully, votes were counted and the result was announced; polling was not adjourned or stopped at any time during the polling and as such there was no scope for the Election Commission to interfere or......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....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 ......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
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....emptor's plea that he had no knowledge of the sale when C.S. Plot No.333 was a part of the total lands that were sold in auction and that sale was within the knowledge of the pre-emptor. 6. At the time of the hearing of the appeal only one ground was advanced with regard to the consideration of...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
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