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Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....te when he passed the order drawing up proceeding under section 145 Cr.P.C. and as such the impugned order is not without jurisdiction, more so when he kept the matter open for consideration at the time of hearing of the proceeding on the next date. 10. Mr. Ahmed Sobhan, the learn......observed; In the present case admittedly the 1st party claimed his right in the shop premises and prayed for drawing up of a proceeding under section 145 Cr.P.C. and attachment of the premises and appointment of a receiver consequently to remove the second party from possession, who is admit..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....so made an application for raising his claim to Tk. 39,000/- explaining that he had put his claim at Tk. 5000/- earlier because of his inability to pay Court-fees for the whole of his claim at the time of filing the suit. Objection was raised by the defendant-respondents to the effect that the c......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....................... Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he ................ Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he was being..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... they all came from the same locality of Noakhali and presently carrying on business in Khulna. 4. The complainant stated in his complaint petition that the accused persons borrowed from time to time between the period 18.1.74 to 1.5.74 a sum of Tk. 25,500/-from the complainant for the ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....ng in question the executability of the Money decree passed in Money Suit No. 7 of 1955. Miscellaneous Case was allowed on contest and the learned Subordinate Judge struck off the execution case as time barred. Plaintiff appellant thereafter preferred the F.M.A. which was rejected summarily as st......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... soon thereafter. This occurrence of actual assault of deceased Dilara. was seen by her younger sister PW 2 Most. Rowshan Ara @ Mina who was also reading along with the deceased in that room at the time of occurrence. On hearing the alarm of the deceased and her younger sister, PW 3 Most. Rabeya ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....24.11.79 after publication in the local weekly 'Ispat' dated 25.8.79 that the defendant was an ejectable monthly tenant under the plaintiff's predecessor at a monthly rental of Tk. 68.00; that at the time of the kabala the vendor introduced the plaintiffs to the defendant as the new owner of the sui......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....r of appellant Jatin and the other accused Bijoy, a neighbour. Jatin developed illicit relationship with Saya Rani, daughter of accused Bijoy, after a peaceful married life of one year. At the same time, he began to put pressure for realisation of money on account of dowry and started ill-treatin......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... Court of Subordinate Judge, Dhaka under section 14/17 of the Arbitration Act for making the award a Rule of the Court. The notice was served on the appellants on 17.7.88. The appellants prayed for time thrice to file written objection on the ground, first, that papers could not be collected and...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....ction from the suit premises. 5. In their joint written statement the alleged of sub‑letting was completely denied. It was stated that Ansar Ali took Sunil as his business partner sometime in 1976 owing to paucity of fund and since then the partnership business of selling banana in ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....in charge in the Council, a charge‑sheet dated 12th June, 1982 was served upon him alleging that he was not regular in his attendance, that while working in the Council he was holding a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiving financial b......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....vour of Mai Miah alone. Ext. A (2) is a kabala dated 17th Falgoon 1323 BS in favour of Mati Miah alone for 'Kha' schedule land. The lower appellate Court also noticed that Mati Miah during his life time mortgaged property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule to o......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
.... house of accused Yunnus. The prosecution has led evidence that PW 1 and others in the early morning went in the house of accused Khokan and Shah Alam and found them absent. Further, in the 'Sehri' time these two accused petitioners were found moving in the street and their presence in the untim......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
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
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....nd sons of the appellant, but not against the appellant Samirun Nessa. Samirun Nessa was added as defendant No. 8 only on 7.5.88. The ad‑interim order of status quo having expired in the meantime, the respondent filed a fresh application for passing an order of status quoin respect of the ......he first party-appellant alleged breach of peace over possession thereof by the second party-respondent and prayed for drawing up a proceeding under section 145 of the Code, for attachment and for appointment of a receiver. It should be noted that the appellant described the case land in terms o..Category: Criminal Law | Date: | Hits: 54
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
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