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Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......g Court……………(2) To ascertain value of the part of the judgment-debtor's building so as to compensate him at plaintiffs' cost falls outside the power of the Executing Court and as such the order appointing an Advocate Commissioner has been rightly set aside by the High Court Division. The..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ...... in Title Suit No.141 of 1981. It was asserted by them that as the suit was not maintainable the application for temporary injunction was, therefore, liable to be dismissed. 6. By his judgment and order dated 22nd July 1984 the learned Subordinate Judge, Barisal rejected the prayer for temporary ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......th sent the case to the Officer-in-Charge of the PoÂlice-Station, Janjira for enquiry and report. A CrimiÂnal Motion (Criminal Motion No. 78 of 1980) was moved before the Sessions Judge against the order for enquiry, and the learned Sessions Judge directed the Magistrate to follow the provisions o..Category: Criminal Law | Date: | Hits: 75
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 ......cord- For the Appellant. Syed Sakhawat Ali, Advocate-on-Record-For the Respondent (State). Criminal Appeal No. 18 of 1987 Judgment: A.T.M. Afzal J.- This appeal by leave arises out of an order dated 21.7.87 passed by the High Court Division (Jessore Session) rejecting the appellant's pr..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 remaining three accused having been found not guilty were acquitted. 2. The appellants first preferred appeal from jail and then a regular appeal being Criminal Appeal No. 38 of 1983 against the order of conviction and senÂtence. Nazrul and Manik preferred a separate appeal being Criminal Appe..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen 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 ......tructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987. Judgment: Shahabuddin Ahmed J. - This appeal by special leave has arisen from an order of the High Court Division (Jessore Bench) dated 2 February 1986, passed in Criminal Revision ..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 disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting land holding 100 Bighas. So, t..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 conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustaining the order of conviction. In a case as in the present where the witnesses are related and partisan and ha..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 disÂmissed. 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 ......ox's Bazar & ors..........Respondents Judgment March 27, 1986. The Code of Civil Procedure, 1908 (V of 1908), section 151 Exercise of discretion It cannot be conceived that once a stay order is passed by the High Court Division it loses its discretion to vacate the same, even if it is..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. ......azi A. T. Monwaruddin, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. (In all the appeals). Civil Appeal Nos. 10, 11 & 12 of 1987. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....al No.22 of 1970 before the High Court DiviÂsion. During the pendency of the appeal appellant filed an application under section 4(2) of the Attia Forest (Protection) Ordinance, 1982 for an order of abatement of the suit. The learned Judges of the High Court Division held that the appeal and not th......der, Advocate-on-Record- For the Respondent Nos. 1 & 4-9. Not represented.- Respondent Nos. 2 (i) to 2 (iv)3(i) to 3(iii) and 10-18. Civil Appeal No. 172 of 1983. (From the judgment and order dated 3.5. 83 passed by the High Court Division, Dhaka in First Appeal No. 22 of 1970.) Jud..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 disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......with him), instructed by Md. Ozair Farroque, Advocate-on-Record- For the Appellant. B. Hossain, Advocate-on-Record- For the Respondent. Criminal Appeal No. 43 of 1984. (From the judgment and order dated 8.11.84 passed By the High Court Division, Rangpur Bench, in Criminal Appeal) Judgmen..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 ......huiyan, Advocate instructed by Md. Aftab Hossain, Advocatc-on-Record. -- For Respondents No. 1-50. Not Represented. - For Respondent No. 11. Civil Appeal No.6 of 1986. (From the judgment and order dated 25.11.1985 passed by the High Court Division, Dhaka in Writ Petition No. 435 of 1985.) ..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 OrÂder 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. ......te-on-Record- For the Appellant. A.J. Mohammad Ali, Advocate, instructed by Sharifuddin Chaklader, AdvoÂcate-on-Record- For the Respondent. Civil Appeal No. 2 of 1987 (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil ReviÂsion No. 652 of 1985.) ..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 ......country is amenable under section 22 of the Act for the purpose of collection of rent……………………..(8 & 9) In view of the express provisions of section 22 even Government cannot, by an order or agreement, exempt any land from assessment or payment of rent. The impugned letter of the g..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and deÂcree 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. ......ion No. 1448 of 1979.) Judgment: A.T.M. Afzal J. - In this appeal by leave Defendant No.1 is the appellant who has since died and been substituted by his heirs. The appeal is from judgment and order dated 4 July, 1985 passed by a Single Judge of the High Court Division (Comilla Bench) in revi..Category: Property Law | Date: | Hits: 43
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......s absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which is embod..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed 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 ...... Respondent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August, 1986 passed by the High Court Division (Circuit Bench, Chittagong) in revisio..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. ......4). On facts, ground was not laid for the exercise of power under section 135 and such exercise tantamount to colourable exercise of power. The High Court Division has correctly declared the impugned order as illegal.………………..(28, 29 & 37) Cases Referred to- N.P.T. Co. Ltd. V. N..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. ......Fazlul Karim, Senior Advocate instructed by Abul Quasem, Advocate-on-Record-For Respondent No.3. Ex-Parte—Respondent Nos. 1-2 and 4-10. Civil Appeal No. 50 of 1985. (From the judgment and order dated 20.6.84 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 1750 of ..Category: Property Law | Date: | Hits: 45
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