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Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....-parte—Respondent No. 5 Criminal Appeal No. 36 of 1984. Judgment: A.T.M. Afzal J. This appeal by leave is from judgment and order dated the 1st June 1988 passed by a Division Bench of the High Court Division, Dhaka refusing to interfere with an order of acquittal in revision. 2. F......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....on - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circumstance in which the victims sustained fatal injury on his head has re......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....e of several extensions of time for investigation the charge-sheet has not yet been submitted. The appellant unsuccessfully moved the Upazila Magistrate and the Sessions Judge, Natore for bail. The High Court Division, Rangpur Bench also refused the prayer for bail on the ground that the case was ......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ction 147 Penal Code and sentenced to Rigorous Imprisonment for two (2) years each. 9. The accused preferred appeal, Criminal Appeal No. 186 of 1981, against the order of conviction before the High Court Division, Dhaka. 10. At the hearing of the appeal a Suo Motu Rule was issued against a......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....16. Not Represented- For the Respondent Nos. 2-15 & 17-49. Criminal Appeal No. 3 of 1988. Judgment A.T.M. Afzal J. - This appeal by leave is from order dated 28 March, 1988 passed by the High Court Division Dhaka in revision rejecting summarily the appellants' application for simultan......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....1898 (V of 1898), section 426 Bail Rejection of the appeal for appellants non-appearance at the time of filing of the appeal without giving an opportunity to the appellants, to appear before the High Court Division, who are granted bail from the trial court (however wrongly), till filing of the...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ate-on-Record, — For the Respondent. Criminal Appeal No. 7 of 1988. Judgment: Shahabuddin Ahmed J.—The question raised in this appeal by special leave is whether the bail granted by the High Court Division under section 426, Criminal Procedure Code to the accused-appellant making it ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....4. Judgment: A.T.M. Afzal J.- This appeal by special leave arises from judgment and order dated 11 March, 1984 passed analogously in Civil Orders No. 61 and 62 of 1984 by a Single Judge of the High Court Division (Chittagong Bench) summarily rejecting two revisional applications of the appe......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....of the said defendant from the remises as a monthly tenant and realisation of arrear rent. The suit was decreed by the trial court but the decree was reversed in appeal. A learned Single Judge of the High Court Division, Rangpur Bench, by the impugned judgment and order dated 15th November, 1984 p......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ petition on same subject matter filed on the same day before the civil court and the High Court Division simultaneously without mentioning either in the suit or in the writ petition abo......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....ecord— For Respondent No. 2. Not represented— For the Respondent Nos. 3-9 Civil Appeal No 18 of 1986. Judgment: Fazle Munim CJ:-This appeal arises from a judgment of a Bench of the High Court Division at Dhaka (Mr. Justice Sultan Hossain Khan and Mr. Justice Aminur-Rahman Khan) ......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
..............Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court Division did not materially affect result of the suit as because the documents already fi...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
.... May 18, 1986. Civil Appeal Nos. 10, 11 & 12 of 1986 The Constitution of Bangladesh, 1972, Article 102 Contractual right, based on the licence, is not amenable to the writ jurisdiction of the High Court. The appellants have failed to point out any violation of any statutory rule or breach of......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
.... Respondents Nos. 2-7 and 9-57 (gha)-Ex-parte Civil Appeal No. 41 of 1985. Judgment: Fazle Munim CJ.-This appeal arises from Civil Revision No.195 of 1982 decided by a Single Judge of the High Court Division, Dhaka (Ranadhir Sen, J;) on 14th February 1983. 2. Plaintiff-respondent file......ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... Criminal Appeal No. 30 of 1983. Judgment: Shahabuddin Ahmed J.- This appeal by special leave calls in question an order of acquittal passed by a Magistrate, First Class and confirmed by the High Court Division in appeal namely, Criminal Appeal No. 61 of 1982 (Rangpur). 2. This arises fr...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ebtor'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 petition is dismissed……………(3) Lawyers Involved: Abdul Malek,......ate Commissioner has been rightly 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 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....te-on-Record - For the Respondent Nos. 1 & 2. Civil Appeal No. 104 of 1984. Judgment: Fazle Munim CJ. - This appeal arises from Civil Order No. 177 of 1984 disposed of by a Bench of the High Court Division, Barisal (Mr. Justice M.H. Rahman and Mr. Justice Syed Misbahuddin Hossain) on 2...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....rd of the C.R. Case to him treating the same to be a counter-case of the Sessions Case No. 51 of 1981 which is already pending before him. This order of the Sessions Judge was challenged before the High Court Division in Criminal Miscellaneous Case No. 14 of 1983 and in this case a Division Bench,......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. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....akhawat 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 prayer for bail in a pending Crimina...... 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 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....eing Criminal Appeal No. 38 of 1983 against the order of conviction and sentence. Nazrul and Manik preferred a separate appeal being Criminal Appeal No. 60 of 1983. The case also came up before the High Court Division, Rangpur Bench by way of a reference under Section 374 of the Code of Criminal......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 ..Category: Criminal Law | Date: | Hits: 32
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