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Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....as been complied with by the trial court. 4. Mr. Abdul Hamid appearing for the complainant appellant canvassed that the cryptic order passed by the learned Magistrate cannot be said to be 'speaking order' and therefore any superior court would never, as to what impelled the learned Magi...... Sections 263 and 264 of the Code of Criminal Procedure do not contemplate that reasoning should be given in case of acquittal. However, it is highly desirable that the Magistrate passing an order of acquittal should at least give some indications as to why on evidence the order of acquitt..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. ..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the order on due consideration of the facts and circumstances of the case. Passing of such order in suc..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......vocate-on-Record—For Respondent No. 3. Ex-parte—For the Respondent No. 4 (In all the appeals.) Civil Appeal No. 113 to 116 of 1983. (From the Judgment and order dated 21-1-1982 passed by the High Court Division, in Admiralty suit No. 2,3,4 and 5 of 1980...Category: Admiralty Law or Maritime Law | Date: | Hits: 204
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. ......bsp; Chowdhury ATM Masud J.- These five appeals arise out of five petitions for special leave to appeal preferred by the appellant against the judgment and order of the High Court Division passed in Civil Revision, Case Nos. 951 to 955 of 1972. All the ca..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. ...... Advocate-on-Record—For Respondent No. 1. B. Hossain, Advocate-on-Record-For Respondent Nos. 3-6. Criminal Appeal No. 59 of 1983. (From the Judgment and order passed on 26.10.83 by the High Court Division Dhaka Bench, in Criminal Miscellaneous Case No...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. ......e any right in the disputed lands. Moreover, such right, if any, had been lost due to the lapse of the statutory period of limitation. Hence no suit for redemption was maintainable. 7. In order to enable us to decide the question as to the application of section 26G of the Bengal T..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. ...... In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing of the suit. The act complained of is an order of dismissal and the act is done under the Ordinance. Six months must expire from the date o..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....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. ......by Shahabuddin Ahmed, Advocate-on-Record—For the Respondent. (State). A. Baset Majumder, Advocate-on-Record—For the Complainant. Criminal Appeal No. 20 of 1983. (From the Judgment and order dated 24-11-1982 passed by the High Court Division, Dhaka in Criminal Revision No. 323 of 1982..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ......ant. Moksudor Rahman, Deputy Attorney General instructed by A. W. Mallik, Advocate-on-Record —For the Respondents. Civil Appeal No. 11 of 1983. (From the Judgment and order dated 31st August, 1982 passed by the High Court Division in First appeal No. 157 of 1976.) ..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. ......the protection under section 7 is not available to him. We find nothing to interfere with the 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. ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....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. ...... Ahmed Sobhan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Criminal appeal No. 45 of 1983. (From the Judgment and order dated 6-6-1983 passed by the High Court Division, Comilla Bench, in Criminal Revision No. 56 ..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. ...... Suo motu can call for the records and there is no legal bar in filing revisional application before the High Court Division by the complainant when the State does not prefer any appeal against the order of acquittal, even in "cases initiated on police report………………(10) Lawyers Invo..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. ......nbsp; Ahmed, Advocate-on-Record— For the Appellant. Santiranjan Karmaker, Advocate-on-Record-For the Respondents. Civil Appeal No. 25 of 1983. (From the judgment and order dated 29 April 1982 passed by the High Court Division in Civil Revision No. 1813 of 1981). ..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." ......ry cadre. Such appointment temporarily does not confer the appellant with the right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the imp..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....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. ......enal Code cannot also be maintained…………….(18) The Penal Code, 1860 (XLV of 1860), section 415 Ingredients of cheating to be established on a charge of cheating In order to constitute cheating it must be established that someone is made to part with some property ..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. ...... M. A. Rouf, Advocate, Instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 144 of 1982. (From the judgment and order dated 25th May, 1982 passed by the High Court Division in Civil Revision No. 385 of 1980) ..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. ...... Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Record— For the respondent No. 1. Civil Appeal No. 119 of 1982 (From the judgment and order dated 8th April, 1982 passed by the High Court Division in Original Order No. 385 of 1979.) ..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. ......t Nos. 1 & 2 (In Civil Appeal No. 123 of 1982). Ex-parte - Respondent Nos. 3 to 11 (In Civil Appeal No.123 of 1982). Civil Appeals Nos. 103 and 123 of 1982. (From the judgment and orders dated 2.4.82. and 2.7.82 passed by the High Court Division in Civil Revision Case Nos. 1147 o..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... they saw and recognised the appellant in the electric light. Even it is on record that darkness was also not set in outside by the time the accused came out of the house of the informant. Broadly speaking the defence could not show any material contradictions and omissions in the testimony of P...... Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No. 5...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.......ocate-on-Record-For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Appeal No. 86 of 1989. (From the Judgment and order dated 1.4.1987 passed by the High Court Division, Jessore Session in Civil Revision No. 246 of..Category: Tenancy Law | Date: | Hits: 101
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