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Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......ssore Session) rejecting the appellant's prayer for bail in a pending Criminal Appeal being No. 64 of 1987. 2. The appellant along with 17 others were convicted by the learned Assistant Sessions Judge, Khulna, by judgment and order dated 19.4.87, under Sections 304 Part 11/201/34 of the Penal C..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......Criminal Appeal No. 6 of 1986. Judgment: A.T.M. Afzal J. - The two appellants, Taleb All and Ful Babu son of Nazamuddin, along with five others were put on trial before the Additional Sessions Judge, second court, Rangpur for alleged offences under sections 148/302/34 Penal Code. The appellan..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ed in this appeal relates to the scope and extent of this section. 2. Accused-appellant No.1 had filed Title Suit No. 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ashutosh Debnath for specific performance private complaint of a con..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ...... substituted by his heirs) following leave, arises out of a proceeding under Section 26F of the Bengal Tenancy Act and is directed against judgment and order dated 31st July 1980 passed by a Single Judge of the High Court Division in revision restoring those of the trial court allowing pre-emption..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......f to the reasonings given in the judgment of my learned brother A.T.M. Afzal, J. 3. The fact need not be restated because in the judgment of Afzal, J. it has been given fully. The learned Sessions Judge had noticed that 2 influential groups of the locality were involved in this case and the accus..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......ry exercise of discretion. 10. It appears that an application for drawing up contempt proceeding for violation of the stay order dated 4th November 1985 granted by this Court in Civil petition for Special Leave to appeal No. 52 of 1985 was filed which came up for hearing with this appeal. In this...... failed to obtain any remedy from the Ministry of Land Administration and Land Reforms filed Writ Petition, No. 307 of 1985 before the High Court Division, Dhaka. On 5th September, 1985 the learned Judges of the High Court Division issued the following Rule Nisi upon the respondents: "Let a Rul..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......on the date of coming into force of these Rules-on 20.7.1984. Now the question is whether this was the intention of the Legislature in enacting sub-rule (2) of Rule 26 of the new Rules. The learned Judges of the High Court Division, on consideration of the rules, concluded that this was not the ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......e Abdul Wadud Chowdhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the suit land and that their possession was not ..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ...... Shahabuddin Ahmed J. - Appellant Bandez Ali is challenging an order of his conviction and sentence to transportation for life under section 302 of the Penal Code, passed by the Additional Sections Judge, Rangpur and confirmed in appeal by the High Court Division. 2. This arises from Criminal A..Category: Criminal Law | Date: | Hits: 67
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun Vs. Narahari and..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......as adjournment cost to the plaintiff. He challenged this order by a revisional application, under section 115 of the Civil P.C, before the High Court Division, which was dismissed by a learned Single Judge of the High Court Division by order dated 6 April, 1986. 2. Leave was granted by us to cons..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......y assessment of rent. Land was shown rent free in the khatian. Plaintiff objected to the impugned rent under section 19(1) of the aforesaid Act which was disallowed. Plaintiff preferred appeal to the Special Judge who remanded the same resulting in only a small reduction of rent. It was also alleg......ench of the High Court Division, Dhaka (Mr. Justice Ranadhir Sen and Mr. Justice Aminur Rahman Khan) on 12th April 1982. 2. Plaintiff- respondent filed Title Suit No. 95 of 1965 in the Subordinate Judge, 3rd Court, Dhaka for declaration that the assessment of rent under the provisions of the Stat..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....wrongly in the names of Raj Mohan and others who created a fictitious Kabala in favour of defendant No. 1 and against the said wrong khatian Misc. Case No. 247 of 1966-67 was filed before the Sub-Divisional Magistrate, Feni who by his order dated 27.5.67 directed the parties to get their right e......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ...................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali co..Category: Property Law | Date: | Hits: 43
....rhat was about to take action but the Martial Law authorities-asked him not to proceed in the matter as they were taking up the matter for enquiry and necessary action. He forwarded the case to the Divisional Commissioner, Khulna who on his part forwarded the case to the Government with all releva......তিপক্ষের নির্দেশ মোতাবেক আপনি নোটিস প্রাপ্তির সঙ্গে আপনার 32 Bore Revolver Bearing No. EB-6246 Star Special made in Pakistan, থানায় জমা দিবেন কারণ ইহা সর...... may be, when, for reasons to be recorded in writing, such officer, authority, Magistrate deems it necessary for the security of the public peace to cancel or suspend such license; or
(b) by any Judge or Magistrate before whom the holder of such license is convicted of an offence against this A..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......ppellant. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him) instructed by Sharifuddin Chaklader-Advocate-on-Record--For the Respondent. Ex-parte- Respondent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairm..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......decision but it was refused because the first contention as to the locus standi of the petitioner was neither raised in the High Court Division and on the second point it was noticed that the learned Judges have given cogent reasons for taking view. (In Civil Petition No. 164 of 1981). 33. In C..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......s partition as was claimed by the defendants. The trial court decreed the suit and that was affirmed by the appellate court below. In revision at the instance of the defendants the learned Single Judge of the High Court Division made the rule absolute and remanded the suit to the trial court w..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......e such occasion he was murdered by his own men, namely P.Ws. 1 and 7 who wanted to get hold of Nanda's illegal wealth. All these suggestions were denied by the witnesses. 5. The learned Sessions Judge, Jessore, by his judgment and order dated 29 March 1984 convicted and sentenced the four appel..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......agistrate on 20.2.85. On the day the appellant prayed for retracting his confessor made earlier. 6. Eventually the appellant was put on trial on the aforesaid charge before the Additional Sessions Judge, Jessore in Session Case No. 10/85. 7. 12 P.Ws. were examined and, amongst other, the jud..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......ession of the suit land and his remedy is to bring a suit for partition. In that view of the matter the trial Court dismissed the suit as being not maintainable. On appeal the learned Subordinate Judge took a contrary view and decreed the suit. In a Second Appeal the High Court Division consider..Category: Property Law | Date: | Hits: 32
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