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Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..

Category: Property Law | Date: | Hits: 49

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

....From the Judgment and order dated 7.7.85 passed by the High Court Division, Camilla Bench, in Civil Revision No. 12 of 1984.) Judgment: Shahabuddin Ahmed J. - This is the defendant's appeal by special leave. Appellant is the Senior Manager of M/s. Dosta Textile Mills Ltd. an Enterprise of me ...... Judgment and order dated 7.7.85 passed by the High Court Division, Camilla Bench, in Civil Revision No. 12 of 1984.) Judgment: Shahabuddin Ahmed J. - This is the defendant's appeal by special leave. Appellant is the Senior Manager of M/s. Dosta Textile Mills Ltd. an Enterprise of me Banglade..

Category: Labour and Industrial Law | Date: | Hits: 122

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....he learned Judges, however, set aside the conviction even of those 10 accused under section 364/149 Penal Code. Out of the ten (10), eight (8) are before us in this appeal. 9. Having regard to the special facts and circumstances of the case which will be noticed presently leave was granted to con......peal No. 27 of 1985. (From the Judgment and Order passed by the High Court Division, Rangpur, dated 12.3.84 in criminal Appeal No. 375 of 1970.) Judgment ATM Afzal J.- This appeal following leave by the eight accused-appellants is from judgment and order dated 12 March 1984 passed by the H..

Category: Criminal Law | Date: | Hits: 55

Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)

....judgment and decree of the trial Court. 5. The present appellants who are the heirs of the plaintiff Abdul Aziz Bepari moved this Court against the judgment of the High Court Division and obtained special leave to appeal in the following terms: "Mr. Kamrul Islam, the learned Advocate appear...... and decree of the trial Court. 5. The present appellants who are the heirs of the plaintiff Abdul Aziz Bepari moved this Court against the judgment of the High Court Division and obtained special leave to appeal in the following terms: "Mr. Kamrul Islam, the learned Advocate appearing on b..

Category: Tenancy Law | Date: | Hits: 95

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

....Civil Appeal No. 117 of 1983. (From the Judgement and order dated 23-5-83 passed by the High Court Division, Dhaka in F.A. No. 44 of 1981.) Judgment Badrul Haider Chowdhury.- This appeal by special leave is directed against the judgment and order of the High Court Division in F. A. No. 44 ......peal No. 117 of 1983. (From the Judgement and order dated 23-5-83 passed by the High Court Division, Dhaka in F.A. No. 44 of 1981.) Judgment Badrul Haider Chowdhury.- This appeal by special leave is directed against the judgment and order of the High Court Division in F. A. No. 44 of 1981...

Category: Property Law | Date: | Hits: 47

Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)

....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..

Category: Civil Law | Date: | Hits: 94

Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)

....been made out to say that he got no more any pecuniary interest in the matter." I fully agree with this exposition of law and have nothing further to add. Shahabuddin Ahmed J. - This appeal by special leave calls in question an order of the High Court Division dated 28 September 1986 declarin......e out to say that he got no more any pecuniary interest in the matter." I fully agree with this exposition of law and have nothing further to add. Shahabuddin Ahmed J. - This appeal by special leave calls in question an order of the High Court Division dated 28 September 1986 declaring that t..

Category: Election Law | Date: | Hits: 132

The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)

....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..

Category: Criminal Law | Date: | Hits: 62

Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)

..... 68 of 1986. (From the Judgment and order dated 4.5.86 passed by the High Court Division, Sylhet, in Civil Revision No. 116 of 1982.) Judgment: Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgment and order of the High Court Division in Civil revisio......1986. (From the Judgment and order dated 4.5.86 passed by the High Court Division, Sylhet, in Civil Revision No. 116 of 1982.) Judgment: Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgment and order of the High Court Division in Civil revision No. 11..

Category: Property Law | Date: | Hits: 52

Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)

...., in Civil Revision Case No. 187 of 1986.) Judgment:                  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 Baza......il Revision Case No. 187 of 1986.) Judgment:                  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..

Category: Election Law | Date: | Hits: 110

Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)

.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... 280 of 1978.) Judgment:                   A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court ..

Category: Property Law | Date: | Hits: 44

Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)

.... It was also held that respondent No. 1 had no knowledge of the impugned transfer before 17th April 1980. Application for preemption was, therefore, not time barred. 7. Appellants obtained special leave to appeal on two points, whether respondent was a co-sharer being in possession of ....... also held that respondent No. 1 had no knowledge of the impugned transfer before 17th April 1980. Application for preemption was, therefore, not time barred. 7. Appellants obtained special leave to appeal on two points, whether respondent was a co-sharer being in possession of .02 acre ..

Category: Property Law | Date: | Hits: 48

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....say whether the plain­tiff got the suit-land by the deed of gift.” It is a notorious fact that oral evidence of the witnesses in matters of a written document are to be taken with a grain of salt, specially when such witnesses are interested in building up a case to suit their convenience. 12......H Rahman 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: 39 DLR (AD)(1987) 223. ..

Category: Procedural Law | Date: | Hits: 115

Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)

....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......n, Dhaka Bench, in Second Appeal No. 454 of 1974.) Judgment:                  M. H. Rahman J. - This appeal by leave is at the instance of defendant Nos. 2 and 5. 2. Respondent No.1, Han Mohan Das, file..

Category: Property Law | Date: | Hits: 50

Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)

....haka, in Civil Order No. 234 of 1983.) Judgment:                  Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judg­ment and order passed by a single judge of the High ......n Civil Order No. 234 of 1983.) Judgment:                  Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judg­ment and order passed by a single judge of the High Court Di..

Category: Property Law | Date: | Hits: 32

Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)

....y J. —I have gone through the judgments written by my learned brothers Shahabuddin Ahmed and ATM Afzal, JJ; I have nothing to add. Shahabuddin Ahmed J.—The question rai­sed in this appeal by special leave is whether section 35A of the Court Fees Act, 1870, has become inoperative, ineffectiv......I have gone through the judgments written by my learned brothers Shahabuddin Ahmed and ATM Afzal, JJ; I have nothing to add. Shahabuddin Ahmed J.—The question rai­sed in this appeal by special leave is whether section 35A of the Court Fees Act, 1870, has become inoperative, ineffective and in..

Category: Procedural Law | Date: | Hits: 124

Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)

....her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......ompany against the respondent- petitioner in respect of the same claim of debt. The learned Company Judge by an order dated 3 September 1986 rejected both the prayers whereupon the company obtained leave from us and thereby preferred these two appeals challenging the order of admission of the wi..

Category: Business or Commercial Law | Date: | Hits: 76

Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)

....inal Ap­peal No. 93 of 1983.) Judgment:                    Shahabuddin Ahmed J.-This appeal by special leave calls in question an order of the High Court Division at Jessore, dated 11 Febru­......shy;peal No. 93 of 1983.) Judgment:                    Shahabuddin Ahmed J.-This appeal by special leave calls in question an order of the High Court Division at Jessore, dated 11 Febru­ary,1986..

Category: Criminal Law | Date: | Hits: 62

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Re­sident Propty, Ctg & ors., 1987, 16 CLC (AD)

.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 70

The State Vs. Fazal and others, 1987, 16 CLC (AD)

.... who found the respondents guilty put no reliance upon the testimony of P.Ws. 3, 6, and 7. Other witnesses including P.W. 10 the Investigating Officer is official witnesses. 19. Besides the special feature of the case that the dead bodies were not proved, there were other aspects which f......of the locality, but on appeal the High Court Division at Rangpur by the impugned judge­ment acquitted them all. Being dissatisfied with the acquittal the State has come before us in appeal on leave granted by us to con­sider whether the acquittal is warranted in view of the evidence and..

Category: Criminal Law | Date: | Hits: 46