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Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)

.... 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 ...... 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

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....ur of defendant nos. 1 and 2 was false, fraudulent and null and void. Though, however, the learned Judge did not set aside the auc­tion sale. 7. Defendant-appellants moved this Court and obtained special leave to appeal on the following terms: "Mr. Md. Nurul Huq, learned Advocate- on-Recor......fendant nos. 1 and 2 was false, fraudulent and null and void. Though, however, the learned Judge did not set aside the auc­tion sale. 7. Defendant-appellants moved this Court and obtained special leave to appeal on the following terms: "Mr. Md. Nurul Huq, learned Advocate- on-Record has ..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

.... No. 26 (State) Respondent No. 13 & 19- Not represented. Respondent Nos. 5-12, 14-18 and 20-25 -Ex-parte Criminal Appeal No. 30 of 1983. Judgment: Shahabuddin Ahmed J.- This appeal by special leave calls in question an order of acquittal passed by a Magistrate, First Class and confir......(State) Respondent No. 13 & 19- Not represented. Respondent Nos. 5-12, 14-18 and 20-25 -Ex-parte Criminal Appeal No. 30 of 1983. Judgment: Shahabuddin Ahmed J.- This appeal by special leave calls in question an order of acquittal passed by a Magistrate, First Class and confirmed by t..

Category: Criminal Law | Date: | Hits: 50

Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)

....ate Commissioner has been right­ly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been right­ly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..

Category: Property Law | Date: | Hits: 32

Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)

....sion, Barisal Bench. The learned Judges of the High Court Division who heard the application summarily rejected it on 2nd September 1984. 8. Being aggrieved appellant moved this Court and obtained special leave to appeal on 28th October 1984. Terms of special leave are: "Mr. Khan Saifur Rah......risal Bench. The learned Judges of the High Court Division who heard the application summarily rejected it on 2nd September 1984. 8. Being aggrieved appellant moved this Court and obtained special leave to appeal on 28th October 1984. Terms of special leave are: "Mr. Khan Saifur Rahman, the..

Category: Tenancy Law | Date: | Hits: 114

Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)

.... 3. Respondent No. 11- Died Not Represented- Respondent Nos. 2, 4-10 and 12-13. Criminal Appeal No. 26 of 1984 Judgment Shahabuddin Ahmed J. - The question in­volved in this appeal by special leave is of considera­ble public importance. It is whether the Sessions Judge has got power......espondent No. 11- Died Not Represented- Respondent Nos. 2, 4-10 and 12-13. Criminal Appeal No. 26 of 1984 Judgment Shahabuddin Ahmed J. - The question in­volved in this appeal by special leave is of considera­ble public importance. It is whether the Sessions Judge has got power under s..

Category: Criminal Law | Date: | Hits: 75

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

....essore) and the same was admitted on 5.5.87. The prayer for bail of the accused persons pending appeal was refused. The appellant then alone prayed for bail by an independent application making out a special case for bail, inter alia, on the ground that he was a B.A. Examinee from Meherpur Governmen......aklader, Advocate-on-Record- For the Appellant. Syed Sakhawat Ali, Advocate-on-Record-For the Respondent (State). Criminal Appeal No. 18 of 1987 Judgment: A.T.M. Afzal J.- This appeal by leave arises out of an order dated 21.7.87 passed by the High Court Division (Jessore Session) rejec..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......84 the High Court Division dismissed the appeals but rejected the reference and commuted the sentence of the appel­lants to transportation for life each. As against this the appellants only obtained leave to appeal raising the grievance that certain material aspects of the evi­dence were not consi..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....t Attorney General with him), instructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987. Judgment: Shahabuddin Ahmed J. - This appeal by special leave has arisen from an order of the High Court Division (Jessore Bench) dated 2 February 1......ey General with him), instructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987. Judgment: Shahabuddin Ahmed J. - This appeal by special leave has arisen from an order of the High Court Division (Jessore Bench) dated 2 February 1986, pas..

Category: Criminal Law | Date: | Hits: 63

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ...... For the Appellants. Not represented- the Respondents. C.A. 129 of 1983 Judgment: A.T.M. Afzal J. - This appeal by the pre-emptee, (since deceased and substituted by his heirs) following leave, arises out of a proceeding under Section 26F of the Bengal Tenancy Act and is direct­ed agai..

Category: Procedural Law | Date: | Hits: 92

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

.... the defence either. Throwing of bomb into the hop of Efaz which resulted in his death had created panic in the mind of the ordinary public of the locali­ty. The trial Court considered that it was a special circumstance of the case as the people as a whole were panicky and they had to be careful be......he guilt of the accused in the commission of the crime and found two accused innocent accordingly dismissed the appeal in part while acquitting Hira and Fira by al­lowing their appeals. 5. Though leave was granted to consider the question of omission of the names in the F.I.R. and subsequent men..

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

.... the matter the order of stay granted by this Court on 5.9.85 is vacated. In this view of the matter this application is allowed." 6. Being aggrieved the appellant moved this Court and obtained special leave to appeal in the fol­lowing terms: "Mr. Ishtiaq Ahmed, learned Counsel ap­pearing......ter the order of stay granted by this Court on 5.9.85 is vacated. In this view of the matter this application is allowed." 6. Being aggrieved the appellant moved this Court and obtained special leave to appeal in the fol­lowing terms: "Mr. Ishtiaq Ahmed, learned Counsel ap­pearing for the..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....e judgment and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 of 1985 and 21 of 1986.) Judgment Shahabuddin Ahmed J.- These three appeals by special leave are directed against a common judg­ment of the High Court Division dated 10 March 198......nt and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 of 1985 and 21 of 1986.) Judgment Shahabuddin Ahmed J.- These three appeals by special leave are directed against a common judg­ment of the High Court Division dated 10 March 1987 dispos..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....eld that the appeal and not the suit filed by the respondents has abated in view of the provisions of the aforesaid Ordinance. 4. Being aggrieved Government-appellant moved this Court and obtained special leave to ap­peal to consider whether the High Court Division on a wrong interpretation of t...... the appeal and not the suit filed by the respondents has abated in view of the provisions of the aforesaid Ordinance. 4. Being aggrieved Government-appellant moved this Court and obtained special leave to ap­peal to consider whether the High Court Division on a wrong interpretation of the clear..

Category: Property Law | Date: | Hits: 63

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

.....6 of 1986. (From the judgment and order dated 25.11.1985 passed by the High Court Division, Dhaka in Writ Petition No. 435 of 1985.) Judgment: Badrul Haider Chowdhury J. - This ap­peal by special leave is directed raglans the order of the High Court Division in Writ Petition 435 of 1985.......86. (From the judgment and order dated 25.11.1985 passed by the High Court Division, Dhaka in Writ Petition No. 435 of 1985.) Judgment: Badrul Haider Chowdhury J. - This ap­peal by special leave is directed raglans the order of the High Court Division in Writ Petition 435 of 1985. 2. L..

Category: Constitutional Law | Date: | Hits: 174

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....of 1987 (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revi­sion No. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte de­cree in Title Suit No.308 of 1980 and got delivery of pos...... (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revi­sion No. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte de­cree in Title Suit No.308 of 1980 and got delivery of possession ..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......f the High Court Division, Dhaka on 12th April 1982. 5. On the dismissal of aforesaid appeal by the learned Judges of the High Court Division the Gov­ernment moved this Court and obtained Special leave to consider whether, in view of the provisions of section 22 of the State Acquisition and Tena..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....ithout any order as to cost. The judgment and de­cree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......No. 70 of 1985. (From the judgment and depredated 4.7.85 passed by the High Court Division, Comilla Bench in Civil Revision No. 1448 of 1979.) Judgment: A.T.M. Afzal J. - In this appeal by leave Defendant No.1 is the appellant who has since died and been substituted by his heirs. The appe..

Category: Property Law | Date: | Hits: 43

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......ed to Civil Appeal No. 36 of 1987. (From the judgment and order dated 22.7.87 passed by the High Court Division, Dhaka in Writ Petition No. 4 of 1985.) Judgment ATM Afzal J.- This appeal by leave is from judgment and order dated 22 July, 1986 passed by the High Court Division, Dhaka in Wri..

Category: Criminal Law | Date: | Hits: 88

Moulana Mokhter Ah­med Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

.... (Mahmudul Islam, Advocate with him) instructed by Sharifuddin Chaklader-Advocate-on-Record--For the Respondent. Ex-parte- Respondent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar ......ul Islam, Advocate with him) instructed by Sharifuddin Chaklader-Advocate-on-Record--For the Respondent. Ex-parte- Respondent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises f..

Category: Election Law | Date: | Hits: 106