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Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....tructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos. 1 (a) to 1(e). Civil Appeal No. 55 of 1983. (From the judgment and Decree dated 26.4.82 passed by the High Court Division in second Appeal No. 532 of 1970.) Judgment &......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. ..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....ate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2-8. Civil Appeal No. 139 of 1982. (From the Judgment and Order dated May 5,1982 passed by the High Court Division, Dhaka in C.R. No. 1878 of 1981). Judgment &n......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. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....ned the complainant on oath, held an enquiry himself and took cognizance of the offence of murder and issued warrant of arrest against the accused. A petition for quashing the proceeding by the High Court under section 561A Cr.P.C. was dismissed. The contention that complainant by Khorshed......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. ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ecution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half hearted manner.” In reversing the judgment, the reasoning given by the High Court Divisions is not in accordance with the well established principle for reversing a decis......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. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....ts 1. Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 & 3. Civil Appeal No. 72 of 1983. (From the judgment and decree dated 2.6.82 passed by the High Court Division in S.A. No. 894 of 1968.) Judgment Sha......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)
....nstructed 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 of 1983.) Judgment ......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. ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
....cedure Code, 1898 (V of 1898), Sections 435, 439. Under section 439 Cr.P.C. the Court even 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 o...... 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. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....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). Judgment ......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. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....torney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) Judgment &nb......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." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....dence arises, it is a matter merely of looking at the complaint or the First Information Report to decide whether the offence alleged is disclosed or not. In such cases it would be legitimate for the High Court to hold that it would be manifestly unjust to allow process of the criminal court to be i......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. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ucted 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) Judgment &......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. ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....im) 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.) Judgment ......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. ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... of which pre-emption is claimed can not be gone into and determined in a proceeding for pre-emption……………..(5) Power of revision under section 115(1) C.P.C. may be exercised by the High Court Division even suo motu……………..(6) Cases Referred to- Balai Cha...... 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. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....t. 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. of 1988 and Criminal Appeal No. 17...... 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. ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
.... 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 1986). Judgment: ATM Afzal......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...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....r, Advocate-on-Record-For the Appellant. Nurul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 4 of 1987. (From the judgment and order dated 10.7.85 passed by the High Court Division, Dhaka Bench, in Civil Revision No. 619 of 1984). Judgment: ......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. ..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....puty Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1989. (From the Judgment and Order dated 9.11 .87 passed by the High Court Division, Barisal in Criminal Appeal No. 102 of 1985) Judgment: &nbs......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... Sajjadul Huq, Advocate-on-Record-For the Respondent (In all the appeals). Civil Appeal Nos. 53‑55 of 1990. (From the Judgment and Order dated 12.3.90 & 14.3.90 passed by the High Court Division, Dhaka in FA Nos. 31 and 32 of 1989 & Civil Revision No. 328 of 1989 respe...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....t No. 1. Ex-parte-Respondent Nos. 2-6 Striking down vide Court's order dated 5.7.88 -Respondent No. 7. Civil Appeal No. 55 of 1986 (From the judgment and order dated 6.8.85 passed by the High Court Division, Rangpur Bench, in Second Appeal No. 16 of 1974) Judgment MH Rahman J.- T......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....klader, Advocate-on-Record for Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 of 1988. (From the judgment and order dated 24-8-87 passed by the High Court Division, Rangpur Bench in Civil Revision No. 402 of 1985). Judgment: &nbs......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
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