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Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......quot;Judgment delivered. I do not find the accd. Persons guilty u/s 427 B.P.C. and thereby acquit them u/s 258 Cr. P. C." 3. The complainant thereafter moved the Sessions Judge for making a reference under sections 435/438 Cr. P. C. recommending setting aside the order ..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......tion on payment of fixed Court Fee of Taka 20/- only is not at all maintainable and in that view of the matter he dismissed the plaintiff's suit. On appeal by the plaintiff the learned Subordinate Judge, Rajshahi in Title Appeal No. 4 of 1980 took note of the fact that the learned Munsif did not..Category: Property Law | Date: | Hits: 30
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......he pattannamas Exts. 1 to 1 (b) and the Dakhilas Exts. 2 to 2(g) are genuine and that respondent had been in possession of the properties. On appeal by the present-appellant the learned Subordinate Judge, Tangail, set aside the judgment of the learned Munsif on the finding that the materials prod..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......llaneous Case No. 31 of 1983 ). Judgment Chowdhury ATM Masud J.- This appeal by Special leave is directed against the rejecting the appellant's prayer for adding him as a pa...... Nadia Begum, his legally married wife and he has vital interest in her release and he being the husband of the detenue, is entitled to get her in his custody after release. 3. The learned Judges of the High Court Division after hearing the parties and perusing the affidavits rejected th..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......d and, therefore, the plaintiff had got no right of redemption. 4. The trial court decreed the suit. Defendant No. 1 preferred other Appeal No. 385 of 1968 before the Subordinate Judge, 3rd Court, Chittagong who dismissed it with the modification that there would be no need of ..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......y, an ejahar was lodged against him and a criminal case was also started. Police sealed his house and recovered some official registers and documents from his house in the presence of a Magistrate. Special audit was ordered and it was found that he has misappropriated fertilizer of the godown an...... No. 1878 of 1981 on May 5, 1982. Plaintiff-respondent, an employee of the Bangladesh Agricultural Development Corporation filed Title Suit No. 64 of 1979 in the Court of Subordinate Judge, 1st Court, Dhaka against the defendant-appellant for a declaration that the order of hi..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....e..............................Respondent Judgment May 23, 1983. Result: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant, Shaukat Raja......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......02 read with sections 34 and 109 of the Penal Code, by an order dated 10 June, 1982. This proceeding was challenged by an application under section 561A of the Criminal Procedure Code but the learned Judges of the High Court Division by their impugned order dated 24 November, 1982 dismissed the appl..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ass Suit No. 88 of 1973. 2. It was a suit for specific performance of contract and recovery of possession from the defendant No. 1 Aziza Bibi. The Government of Bangladesh and the Sub-Divisional Officer, Sadar (South), Mymensingh were impleaded as defendant Nos. 2 and 3. The plainti......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. .........................Appellant Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that th..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......struction. On these findings, the trial Court decreed the suit directing his ejectment subject to his right to remove his materials used in constructing the huts. On appeal, the learned Subordinate Judge reversed the findings and held that since the structures were constructed with the tenan..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....ordingly the said 2nd party had been looking after the said hotel. Meanwhile the appellant's lease was cancelled and the 2nd party respondent in collusion with the Railway employee of the Divisional Estate Office at Pahartali, Chittagong, secured a demand note for the land issued in the......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......cation under sections 435/439A of the Code of Criminal Procedure, praying for setting aside the impugned order dated 13.1.83 passed by the learned Metropolitan Magistrate. The learned Sessions Judge after hearing the revisional application rejected it with a direction to the learned Magistra..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......f the judgment and order dated 26-8-82 passed by the High Court Division, Rangpur Bench, in Criminal Revision No. 263 of 1972 refusing to interfere with an order of acquittal passed by the Sessions Judge, Bogra, in Criminal Appeal No. 22 of 1971 setting aside the order of conviction of the respond..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......39,000/-, the learned Munsif returned the plaint on the ground that the claim in the suit exceeded his pecuniary jurisdiction. The plaintiff then filed the suit in the 4th Court of Subordinate Judge, Dhaka, where it was registered as Money Suit No. 27 of 1979, and also made an application f..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......rises from the judgment of a Bench of the High Court Division in First Appeal No. 128 of 1973 on March 12, 1981. 2. The appellant filed Title Suit No. 12 of 1970 in the court of Subordinate Judge, Dhaka for a declaration that the order of reversion to his former post was malafide, illegal..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... J.-This appeal by special leave is directed against the judgment and order of the High Court Division in Criminal Revision No. 54 of 1977 arising out of. G. R. No. 1308 of 1976 in the Court of Sub-Divisional Magistrate, Khulna, Sadar, Khulna. 3. Appellants are the accused. The complain......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......A Cr.P.C. for quashing the proceeding on the ground that the facts which have been set out do not constitute any criminal offence and therefore the criminal prosecution should be quashed. The learned Judges of the High Court Division discharged the rule by a cryptic order which is as follows: ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......ower Appellate Court, however, allowed the application holding that some defendants died before the decree but their heirs not having been substituted, the decree was a nullity; the learned Single Judge of the High Court Division did not interfere with the lower Appellate Court's order on a re v..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......vision in dismissing the appeal being F. M. A. No. 385 of 1979 summarily. 2. The facts areas follows: The plaintiff appellant filed Money Suit No. 7 of 1955 in the 1st Court of Subordinate Judge, Dhaka. This was decreed on 23.12. 58 and thereafter Money Execution Case No. 17 of 1960 was ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......question of benami transaction can be gone into and determined in a proceeding for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. In both the cases, learned respective Judges of the Single Bench of the High Court Division answered the question in the negative and al..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......d against the judgment and order passed by the High Court Division, Rangpur Sessions, Rangpur, affirming the Death Reference No. 5 of 1988, confirming the judgment and order passed by the Sessions Judge, Pabna convicting the appellant under section 302 of the Penal Code and sentencing him to dea..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......tle Suit No. 432 of 1983, for ejectment of the defendant respondent, a monthly tenant, from the suit premises and is directed against the judgment and order dated 1st April, 1987 passed by a Single Judge of the High Court Division (Jessore Session) in Civil Revision No. 246 of 1986 making the Rule..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......ment of the suit premises. 2. The landlord-appellants' SCC Suit No. 19 of 1980 on the sole ground of bonafide requirement of the suit premises was dismissed by the learned SCC Judge and Subordinate Judge, 3rd Court, Dhaka by judgment and order dated 27.6.84. In revision unde..Category: Property Law | Date: | Hits: 26
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