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Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....ble in law. Both of them have been convicted for rioting under s.148 P.C.; Tayeb Ali has been further convicted under s.324 for causing hurts to P.W.1. These convictions arid sentences are based on good evidence. 12. In the result, the appeal is allowed in part, that is, appellants Tayeb Ali ......who had come from far away places, were not available for examination in court as they had gone away after the seasonal work. 8. Now, as to the kabala of Bazlur Rahman, it was not available in the record but evidence of P.W.1 is that he had submitted the kabala to the trial Court, and the Order-s......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......possessed the suit land, paid rent but it again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and rent was not accepted from the plaintiff ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.... not necessary lo establish actual bias but it was sufficient lo invalidate the selection process if it could be shown that there was reasonable likelihood of bias. True, but the argument will hold good provided it is founded on allegation of facts. In the same decision on which Mr. Hakim placed r......ection board duly constituted by the Government for consideration and selection for promotion lo the post of Executive Engineer. The selection board upon examination of the A.C.Rs and other service record of three Assistant Engineers found respondent No. 2 suitable for promotion. The appellant a......re a selection board duly constituted by the Government for consideration and selection for promotion lo the post of Executive Engineer. The selection board upon examination of the A.C.Rs and other service record of three Assistant Engineers found respondent No. 2 suitable for promotion. The app..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......vision. 7. The learned Judge of the High Court Division in the impugned Judgment dated 24 August, 1986 observed that on the basis of up-to-date payment of taxes for the holding and evidence on record the appellate Court found that the complainant party was in possession of the case holding an......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....f alleged occurrence. The trial Court's acceptance of Abdur Rashid's plea of alibi will not-destroy the dying declaration altogether. 9. In the facts and circumstances of the case there is no good reason to doubt the appellant's complicity in the commission of the offence alleged. 10. I...... 1979 in Mohammad Ali Hospital at Bogra as a result of the injuries inflicted upon him. 3. The prosecution examined ten witnesses including P.W.9 Abdul Hamid Miah, Magistrate First Class who recorded the dying declaration of deceased Nowab Ali on 3rd September, 1979. 4. The appellant's d......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....ry against liabilities, section 71 Compounding of offences, section 72 Cognizance of offences, section 75 Duties of Police, section 81 Public servants and section 82 Protection of action taken in good faith-all these show according to Mr. M. Nurullah the nature of the business of the Union Par......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... rejected this application on the ground that they were not necessary or proper parties by virtue of their purchase. At the same time it was noticed that Sona Miah (appellant No.1) was already on record on his own petition as one of the heirs and successors of plaintiff No. 1 and thus he was f......demanded the money. 4. Defendants 1 and 3 (Respondents 1 and 2) contested the suit by filing a joint written statement. It was asserted, inter alia, that plaintiff No. 1 being satisfied with the services of his daughters (defendants 1 and 2) made a gift of the suit land to them by executing t..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......(Comilla). 2. The suit, T. S. No. No. 301 of 1979 in the Second Court of Munsif, Chandpur, was filed by the appellant alleging the following facts: The suit land measuring .31 decimals of an acre, recorded in C.S. Khatian No. 51 and comprising Plots Nos. 427 and 429, originally belonged to three ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......on availability must be given…………………..(14) Though objection was not raised when the Photostat copy was filed, the party producing it was not exempted from explaining in the course of recording evidence, why the original was not produced. Besides this Photostat copy affirming content......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
...." (AIR 1965 Raj. 219). The Easements Act was not applicable throughout India, but even then the principles were taken for deciding the cases on the Act to embody the principle of equity and good conscience. See Shiv Dyal Vs; Ram Das AIR 1926 Lah. 473, Karinan Ilahi vs. Ghulam Mustafa AIR 1......d the pathway leads to the main road of the locality. They made improvement of the same at their own costs and it is the only and unavoidable way to reach the public road. The suit pathway had been recorded wrongly as cultivable land along with its contiguous lands and taking advantage of such rec......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
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