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Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....sh and others.....................Respondents Judgment April 16, 1989. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily becaus...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
.... Hossain, Advocate-on-Record. — For the Respondent Nos. 2 and 3. Ex parte—Respondent Nos. 4 and 5. Civil Appeal No. 2 of 1985. (From the judgment and decree dated 22.3.1984 passed by the High Court Division, Dhaka Bench in F.A. No. 1 of 1980). Judgment ATM Afzal J.- Contesting def......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. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
.... to 11, 12 (a) to 12 (d), 13 (a) to 13 (c), 14 and 15. Ex parte—Respondent Nos. 5 (a) & 16 to 23. Civil Appeal No. 132 of 1984. (From the Judgment and decree dated 3.5.84 passed by the High Court Division, Sylhet Bench, Sylhet in Second Appeal No. 1509 of 1968). Judgment MH Rahm......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 ..Category: Property Law | Date: | Hits: 45
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
....eputy Attorney-General, instructed by A. W. Mallik, Advocate-on-Record.—For the Respondent Criminal Appeal No. 36 of 1986. (From the judgment and order dated 24th August, 1986 passed by the High Court Division, Circuit Bench, Rangpur, in Criminal Appeal No. 179 of 1986.) Judgment M...... 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. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....e witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division gave good reason of rejecting the evidence of the witnesses of fact. No motive f......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. ..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
.........Respondents Judgment March 13, 1989. Result: The appeal is allowed. The Constitution of Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court Division erroneously interfered in writ jurisdiction. The appeal is allowed and the judge......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. ..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
.... Advocate-on-Record.—For the Appellant. Abu Backkar, Advocate-on-Record.—For the Respondent. Civil Appeal No. 13 of 1986. (From the judgment and order dated 3rd April, 1985 passed by the High Court Division, Dhaka, in Civil Miscellaneous Appeal No. 191 of 1984). Judgment: M.H. Ra......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 ..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....e State.............................................………………..Respondent Judgment March 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian an...... 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 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ossain, Deputy Attorney General, instructed by A.W. Malik, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1988. (From the judgment and order dated 9 July 1987 passed by the High Court Division's Sessions at Rangpur, in Criminal Appeal No. 179 of 1984). Judgment Shah......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
.... Huq Siddique, Advocate-on-Record- For the Respondent No. 1. Ex-parte-Respondent Nos. 2-4. Civil Appeal No. 32 of 1987. (From the Judgment and order dated 10th February, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 336 of 1985). Judgment Badrul Haider Chowdh......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. ..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State). Criminal Appeal No. 16 f 1988. (From Judgment and order dated 14th March, 1988 passed by the High Court Division, Rangpur Bench, in Criminal Revision No. 243 of 1982). Judgment: A. T. M.......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 ..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
...., 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 High Court Division, Dhaka, in Criminal Appeal No. 178 of 1984). Judgment: Shahabuddin Ahme......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 ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
.... Kazi Ebadul Hoque, Advocate-on-Record-For Respondent No. 1. Ex-parte.-Respondent Nos. 2 & 3. Civil Appeal No. 62 of 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325 of 1984.) Judgment A.T.M. A......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. ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....rifuddin Chaklader, Advocate-on-Record.—For the Appellants Exparte.—For the Respondent Nos. 1 to 8 Civil Appeal No. 21 of 1988. (From the Judgment and order dated 2.2.1988 passed by the High Court Division, Chittagong in Civil Revision No. 318 of 1986). Judgment: ATM Afzal J.-Th......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. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... Ahmed, Advocate-on- Record-For the Respondent No. 1. Respondent Nos. 2—9- Not represented. Civil Appeal No. 39 of 1988. (From the Judgment and Order dated 8 November 1988 passed by the High Court Division, Sylhet Bench in Writ Petition No. 13 of 1988). Judgment ATM Afzal J.-Thi...... 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. ..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....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 High Court Division, Sylhet in Criminal Appeal No. 7(C) of 1982). Judgment ATM Afzal J.-This......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
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....e for Respondent No. 2. Criminal Appeal No. 8 of 1987. Judgment ATM Afzal J.-This appeal by special leave by the four (4) accused-appellants is from order dated 17 June, 1987 passed by the High Court Division, Dhaka rejecting summarily their application for bail under section 498 of the......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...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ate-on-Record. —For the Respondent. Criminal Appeal No. 23 of 1986. Judgment MH Rahman J.-This is an appeal by special leave 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 pass......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. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....8. Judgment Shahabuddin Ahmed J.- In this appeal by special leave, Pre-emptees are the appellants. The question raised is whether the order of pre-emption against them, as finally upheld by the High Court Division in revision, is sustainable in law in view of the fact that a co-sharer in one o......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. ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....Advocate-on-Record - For the Respondents Nos. 2 & 3. Not represented - Respondent Nos. 4 and 5. Criminal Appeal No. 20 of 1977 (From the Judgment and Order dated 2.9.1975 passed by the High Court Division in Criminal Revision No. 787 of 1974) Judgment Kemaluddin Hussain CJ.- L......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. ..Category: Criminal Law | Date: | Hits: 43
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