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Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ce. In this case the Government acted under clause (b), namely, the Pourshava is unable to administer its affairs or meet its financial obligations. The respondents have categorically stated that the special enquiry committee did not make any enquiry worth the name. This was the basis of the main ar....... (From the judgment and order dated 9th July, 1987 passed by the High Court Division, Dhaka, in Writ Petition No. 57 of 1987.) Judgment Badrul Haider Chowdhury J.- This apÂpeal by special leave is directed against the judgment and order passed by the High Court Division, Dhaka, in Writ P..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....1985. (From the judgment and order dated 20.6.84 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 1750 of 1981.) Judgment Badrul Haider Chowdhury J. - This apÂpeal by special leave is directed against the judgment of the High Court Division, Rangpur Bench, in CivÂil...... (From the judgment and order dated 20.6.84 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 1750 of 1981.) Judgment Badrul Haider Chowdhury J. - This apÂpeal by special leave is directed against the judgment of the High Court Division, Rangpur Bench, in CivÂil Revisio..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......986. (From the judgment and order dated 14th February 1985, passed by the High Court Division, Jessore in Criminal Appeal No. 38 of 1984.) Judgment: A.T.M. Afzal J. - This appeal, following leave, by the four accused-appellants arises out of the judgment and order dated 14 February 1985 pa..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....ore extensive burden imposed by the exercise of the custom by the passage of time would not make it unreasonable, Shaha, J. observed that "it is difficult in the very naÂture of things to ascertain, specially under the EngÂlish law where proof by immemorial user must date back to the reign of Rich......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......d by the High Court Division, Jessore in CrimiÂnal Appeal No. 225 of 1985.) Judgment: A. T. M. Afzal J.- The appellant who is unÂder a sentence of death under section 302 Penal Code obtained leave to appeal from the judgment and order dated 5 July, 1987 passed by the High Court DiviÂsion (..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....1984. (From the judgment and decree dated 20.6.1983 passed by the High Court Division, Comilla Bench in Second Appeal No.21 of 1973.) Judgments: Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgÂment and order of the High Court Division in SecÂond Ap...... (From the judgment and decree dated 20.6.1983 passed by the High Court Division, Comilla Bench in Second Appeal No.21 of 1973.) Judgments: Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgÂment and order of the High Court Division in SecÂond Appeal No...Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
.... Record. - For the Respondent Nos. 1(ka), 10 & 12. Miah Abdul Gafur, Advocate-on- Record. - For Respondent No. 20. Civil Appeal No. 100 of 1985. Judgment: M.H. Rahman J. - This appeal by special leave, at the instance of defendant No.2 and the heirs defendant No. 1, has arisen out of a ...... - For the Respondent Nos. 1(ka), 10 & 12. Miah Abdul Gafur, Advocate-on- Record. - For Respondent No. 20. Civil Appeal No. 100 of 1985. Judgment: M.H. Rahman J. - This appeal by special leave, at the instance of defendant No.2 and the heirs defendant No. 1, has arisen out of a suit for..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......ever, succeeded before the High Court Division which set aside the judgment of the first appellate court and restored that of the trial court 6. Being aggrieved the defendant-appellants obÂtained leave from this Court to consider whether the High Court Division was wrong in not holding that the ..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......oned four accused preferred an appeal which was allowed by the High Court DiÂvision at Barisal and they were acquitted by the imÂpugned order dated 10 January, 1984. Against this order of acquittal leave was granted by us to examine the question raised by the State as to whether the evÂidence on ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....3.84 passed by the High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant Nos. 2-7 in a suit for partition are appellants in this appeal by special leave. The question raised is whether the High Court Division ought to have made an order of......sed by the High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant Nos. 2-7 in a suit for partition are appellants in this appeal by special leave. The question raised is whether the High Court Division ought to have made an order of remand ..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....€¦â€¦â€¦â€¦â€¦â€¦..(2) Lawyers Involved: K.Z. Alam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record.-For the petitioner. Not represented-Respondent. Criminal petition for special leave to appeal No. 36 of 1986. (From the judgment and order dated 2.2.86 passed by the ......………..(2) Lawyers Involved: K.Z. Alam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record.-For the petitioner. Not represented-Respondent. Criminal petition for special leave to appeal No. 36 of 1986. (From the judgment and order dated 2.2.86 passed by the High Cou..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
.... covered by waiver and acquiescence on the part of the landlord. However, this is a question of fact which is to be established in each particular case by the tenant desiring to raise this as a special plea in his defence." Once a default occurs subsequent acceptance of the rent in lump ......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......he suit. 10. Mr. M. Nurullah, learned Attorney-General appearing for the appellant, submitted that the conclusion of the High Court Division is founded on certain surmises and pointed out that the leave was granted to consider the question whether the plaintiff could make any claim in view of the..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ppellant to plead the aforesaid Exception at any stage earlier. Section 105 of the Evidence Act casts a burden upon the accused to prove “the existence of circumstances bringing the case within any special exception or proviso contained in any other part of the same (Penal) Code". There has been a......peal No. 410 of 1983.) Judgement ATM Afzal J.- Appellant Md. Abdul Majid Sarkar has been convicted for murder under section 302 Penal Code and sentenced to transportation for life. He obtained leave to appeal to contend that he ought to have been convicted for culpable homicide and not murder..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....from the last part of Poush, 1360 (B.S) and the suit filed on 16th April ,1965 was beyond the period of limitation of twelve years. This leave was granted considering Ground No. 1 in the petition for special leave to appeal. 7. The learned Counsel for the appellant having found that the terms in ......t to the defendant's claim that his adverse possession started from the last part of Poush, 1360 (B.S) and the suit filed on 16th April ,1965 was beyond the period of limitation of twelve years. This leave was granted considering Ground No. 1 in the petition for special leave to appeal. 7. The le..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....he witnesses after 9 years of delay could hot be safe from perjured evidence. In this view of the matter I would quash the proceeding. Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the proceedings against the accused-appellants are liable to be quashed und......sses after 9 years of delay could hot be safe from perjured evidence. In this view of the matter I would quash the proceeding. Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the proceedings against the accused-appellants are liable to be quashed under secti..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
..
Category: Business or Commercial Law | Date: | Hits: 95
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