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Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....e No. 369 of 1981. As such, it is clear that he had enmity with Monoranjan Kuri and the other accused. 11. Post-mortem examination on the dead body of Halima Khatun was held by P.W.I, who was Sub-Divisional Medical Officer, Feni, at the relevant time. He found 8 incised wounds, severe in nat......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......Maitra, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-General, instructed by M.R. Khan, Advocate-on-Record — For the Respondent. Criminal Appeal No. 32 of 1986. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question the propriety..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....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......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......cate-on-Record — For the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Judgement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Appe..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. ......ocates with him) Instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by the High Court Division, Chittagong Bench, Chittagong ..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 ......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 ......intiff’s right was never recognised as required under clause (3) of section 86 not any argument is made that the said finding is wrong it must be said that the view taken by the Additional District Judge and upheld by the High Court Division that plaintiff’s right, if any, has extinguished with ..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......the Appellant. Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Huq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 4 of 1988. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question a decree for e..Category: Property Law | Date: | Hits: 45
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. ......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. ......of conviction and sentence under section 448 Penal Code passed against the appellant by a Metropolitan Magistrate, First Class, Dhaka and confirmed in appeal and revision by the Additional Sessions Judge, 3rd Court, Dhaka and a Single Judge of the High Court Division, Dhaka respectively. 2. It ..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......for the Appellants. B. Hossain, Assistant Attorney-General, instructed by M. Nowab All, Advocate-on-Record—for the Respondent No 1. (The State). Criminal Appeal No.13 of 1987. (From the Judgement and order dated 16th July, 1987 passed by the High Court Division in Session at Sylhet in ..Category: Criminal Law | Date: | Hits: 45
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....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......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......ed: Abdul Hamid, instructed by Md. Aftab Hossain, Advocate-on-Record—for the Appellant. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 39 of 1986. (From the Judgement and order dated 6th August, 1984 passed by the High Court Division, Rangpur Bench in Crimi..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......ey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent Nos. 2 to 4. Civil Appeal No. 26 of 1986. (From the Judgement and order dated 23 January 1985 passed by the High Court Division, Comilla Bench, in Civil..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....ncludes' any other person. It is an exclusive expression not inclusive. Whenever inclusive definition has been used it has been said expressly. See the definition 2(4) for Circle Officer, 2(23) Sub-Divisional Officer and the inclusive definition 2(5) Deputy Commissioner whereas the definition of U......of 1988). Not represented— Respondent Nos. 2-13 (In C. A. No. 1 of 1989). Not represented— Respondent No. 1 (In C.P. No. 310 of 1988). Civil Appeal No. 1 of 1989 with Civil Petition for Special Leave to Appeal No. 310 of 1988. (From the Judgement and order dated 22.11.88 passed by t......In C. A. No. 1 of 1989). Not represented— Respondent No. 1 (In C.P. No. 310 of 1988). Civil Appeal No. 1 of 1989 with Civil Petition for Special Leave to Appeal No. 310 of 1988. (From the Judgement and order dated 22.11.88 passed by the High Court Division, Comilla Bench, Comilla in Writ..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......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...... Md. Nurul Huq, Advocate-on-Record.—For Respondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Record—For Respondent No. 5. No one for Respondent No. 4 Civil Appeal No 48 of 1985. Judgement: A.T.M. Afzal J.—This appeal following leave is from judgment and order dated 4th Jun..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....e Sonali Bank, Sirajganj for construction of a flood shelter at Chala under Belkushi Police Station, Sirajganj. For the contractor's failure to complete the work the security was forfeited by the Sub-Divisional Officer, Sirajganj. When the C.D.R. was presented to the Agrani Bank, Sirajganj for encas...... 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......Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. M.R. Khan, Advocate-on-Record—For the Respondent Criminal Appeal No. 23 of 1987. Judgement: M.H. Rahman J. — The appellant along with co-accused Firozur Rahman was put to tria..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 ...... fine is sustainable in law. The impugned order of the High Court Division is dated 5 April 1988 made in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divisional Special Judge, Rajshahi, by an order dated 16 September 1987 and sentenced to rigorous imprisonmen......ader, Advocate-on-Record—For the Appellant. A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal Appeal 7 of 1988. Judgement: Shahabuddin Ahmed J. — The question in this appeal by special leave is whether the b..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......ion, has been an innocent sufferer for laches of the appellants. In such position respondent no. 2, the auction purchaser is entitled to compensation of Tk. 75,000/- to be deposited with the District Judge within 2 months, in default the auction purchaser is entitled to interest on the amount at the..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....n. 3. Two sets of defendants contested the suit by filing separate written statements. Defendants Nos. 1-3 are Additional Deputy Commissioner, Assistant Custodian, Vested Property, Comilla and Sub-Divisional Officer; in this appeal they are respondent Nos. 7, 8 and 9. Their case is that in the ......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 ......e-on-Record—For the respondent Nos. 1-6. Mosksudur Rahman, Senior Advocate, instructed by A. W. Malek, Advocate-on-Record—For the respondent Nos. 7-9. Civil Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is whether..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......-on-Record— For the Petitioner Md. Afzal Hossain, Advocate-on-Record-For the respondent Nos. 1, 3(f) & 4. Not represented- Respondent Nos. 2, 3 (a) to 3(e). Civil Appeal No. 57 of 1987. Judgement: A.T.M. Afzal J. — Plaintiff is the appellant. Leave to appeal was obtained from o..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......………(8) Lawyers Involved: Mahmudul Islam, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record— For the appellants. Ex parte—Respondents. Civil Appeal No. 40 of 1985 Judgement: A.T.M. Afzal J. - The appellants are judgment-debtors in Title Execution case No. 68..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....of 1978. 2. Plaintiffs-appellants filed the said suit for declaration of their title to the suit land as they found their title clouded by a Notice dated 18 April 1978 served upon them by the Sub-Divisional Officer, Feni, treating the suit land as Vested and Non-Resident Property and asking them......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. ......nior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record —For the respondent No. 5. Ex-parte— Respondents Nos. 6, 7, 8(1) to 8 (5) and 9-11. Civil Appeals Nos. 77 and 78 of 1984 Judgement Shahabuddin Ahmed J.- These two appeals by special leave, at the instance of the plai..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 ......tled to retain possession. This question was rightly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and bounds but the learned Single Judge on an erroneous view of law reversed their decision and thus the appeal is allowed and the ord..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....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 ......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 ......e-on-Record—For the Appellants. Sk. Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For respondent Nos. 1 (a) to 1(h) & 2-5. Civil Appeal No. 127 of 1984 Judgement Badrul Haider Chowdhury J. — This appeal by special leave is directed against the ..Category: Property Law | Date: | Hits: 36
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