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Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......urt Division, Dhaka Bench in F.A. No. 1 of 1980). Judgment ATM Afzal J.- Contesting defendants No.1 and 3 in a suit for partition being Title Suit No. 17 of 1975 of the 3rd Court of Subordinate Judge, Dhaka, are appellants in this appeal by leave. 2. Plaintiff-respondent No.1 brought the su..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......ired 4/5 share by his purchase. The plaintiffs were given 7/15th share of the suit homestead on partition and were allowed to purchase Defendant No. 1's share. 5. On appeal the learned Subordinate Judge affirmed the decree of the trial Court as to defendant No. 1's share. He observed: "The pres..Category: Property Law | Date: | Hits: 45
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... the High Court Division, Circuit Bench, Rangpur refusing bail to the appellant pending disposal of his appeal being Criminal Appeal No. 179 of 1986. The appellant was convicted by the Divisional Special Judge, Rajshahi, under section 409 of the Penal Code read with section 5(2) of Act II of 194......h Court Division, Circuit Bench, Rangpur refusing bail to the appellant pending disposal of his appeal being Criminal Appeal No. 179 of 1986. The appellant was convicted by the Divisional Special Judge, Rajshahi, under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and se..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. .......(7) Lawyers Involved: B. Hossain, Assistant Attorney-General instructed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Criminal Petition for Special Leave to Appeal No. 130 of 1985. (From the judgment and order dated 7.8.85 passed by the ......ivision (Sylhet Bench) in appeal acquitting the respondent of the charge under sections 302/34 Penal Code. 2. Respondent and two others were put on trial in the Second Court of Additional Sessions Judge, Sylhet on the aforesaid charge on the allegations that at about 8-30 p.m. on 31-7-76 the re..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......No. 1. Ex-parte—Respondent Nos. 2-10. Civil Appeal No. 27 of 1988. (From the judgment and order dated 29.8.88 passed by the High Court Division, Dhaka in Writ Petition No. 376 of 1988.) Judgement Badrul Haider Chowdhury J.- In this appeal by special leave the only question is whet..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......igh Court Division, Dhaka, in Civil Miscellaneous Appeal No. 191 of 1984). Judgment: M.H. Rahman J.-Appellant was the defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......but they had themselves litigations with them (accused), and that they were falsely implicated in this murder at the instance of Abdul Karim and P.Ws. 3 and 6. 6. The learned Additional Sessions Judge, Chittagong, on consideration of the evidence of 13 witnesses examined by the prosecution, the..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....sions at Rangpur, in Criminal Appeal No. 179 of 1984). Judgment Shahabuddin Ahmed J.-In this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Gover......ngpur, in Criminal Appeal No. 179 of 1984). Judgment Shahabuddin Ahmed J.-In this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under......n Criminal Appeal No. 179 of 1984). Judgment Shahabuddin Ahmed J.-In this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under section..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ...... MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Result: The appeal is allowed. The Premises Rent Control Ordi..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......appellant of the said charge and sentenced him to R.I. for one year six months thereunder. His appeal against the order of conviction and sentence having been dismissed by the Additional Sessions Judge, Dinajpur, by judgment and order dated 6.4.82, a revision was taken to the High Court Divisi..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......t Ali Khan, Senior Advocate, Gour Gopal Saha, Advocate (with him), instructed by Abdul Baset Majumder, Advocate-on-Record-For the Petitioners. Not Represented.-Respondent. Criminal Petition for Special Leave to Appeal No. 117 of 1986. (From the Judgment and order dated 14.7.86 passed by the......78 of 1984). Judgment: Shahabuddin Ahmed J.-Accused-petitioners were convicted and sentenced to seven years imprisonment with fine under section 394 of the Penal Code by the Assistant Sessions Judge, Tangail, by an order dated 18 July 1984. They preferred an appeal which was dismissed with ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....ion to maintain his alleged possession. 9. The respondent No. 1 has filed a photostat copy of the certified copy of the ordersheet in Case No. 647/80 (Rs. Case 883/XIII/65-66) of the Office of Sub-Divisional Manager, Government Acquired Estate. It is found from order dated 11.2.81 that there was ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......llant had transferred the aforesaid land to his brothers by registered kabalas without the settlement being finally approved. The appellant brought O.C. Suit No. 141 of 1981 in the Court of Assistant Judge, Natore on 14.3.81 for a declaration that the cancellation of settlement was illegal, etc. and..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......, Chittagong in Civil Revision No. 318 of 1986). Judgment: ATM Afzal J.-This is a plaintiffs' appeal by leave and directed against judgment and order dated 2 February 1988 passed by a Single Judge of the High Court Division, Chittagong Bench in revision upholding an order of remand of the..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......lly done for more than one year. The huff and hurry in which the writ petition was moved only speaks of the lack of good faith on the part of the respondent. It is a matter of regret that the learned Judges of the High Court Division failed to notice that proceeding in the nature of quo warranto was..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......cord-For the Petitioner. Azizur Rahman Chowdhury, Advocate instructed by Miah A. Gafur, Advocate-on-Record-For Respondent Nos. 1-5. Not represented.—Respondent No. 6. Criminal Petition for Special Leave to Appeal No. 120 of 1985. (From the Judgment and Order dated 7.8.85 passed by the ......r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..Category: Criminal Law | Date: | Hits: 41
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......ted by B. Hossain, Advocate-on-Record. (Under Order XXI, rule-1) Civil Miscellaneous Case No. 1 of 1986. (Transfer) (Arising from Money Suit No. 7 of 1984 pending in the Court of Subordinate Judge, Jessore.) Judgment Shahabuddin Ahmed J.- This rule was issued calling upon the respon..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08....... summarily their application for bail under section 498 of the Code of Criminal Procedure. 2. The appellants along with twelve (12) others are facing trial in the court of the Assistant Sessions Judge, Bogra for alleged offences under sections 304, 324, 325 & 326 Penal Code. The case was st..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Bench confirming the conviction of the appellants and the sentence passed on them by the Additional Sessions Judge, Rangpur, under sections 302/34 of the Penal Code in Sessions Trial Case No. 722 of 1982. 2..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......strangers, without giving them any notice. The trial Court by an order dated 22 February 1980 allowed the pre-emption case; but on appeal, Miscellaneous Appeal No. 70 of 1980, the learned Subordinate Judge set aside the order and dismissed the pre-emption case. This order was challenged in revis..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......is of the said application the Magistrate discharged the respondents under section 494, Cr.P.C. by his order dated 28-9-73. Against this order of the Magistrate the appellant moved the Sessions Judge, who set aside the order of the Magistrate and sent the case back for further enquiry before p..Category: Criminal Law | Date: | Hits: 43
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