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Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......r request to hold the mediation at that unearthly hour of the night. Offence under section 302/34, 302/109 not being put against accused appellant No. 2-4, they are acquitted………..(7 & 8) Lawyers Involved: Serajul Huq, Senior Advocate, (A.T.M. Kamrul Islam, Advocate with him) instru...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......ILR 61 Cal. 45: (AIR 1934 Call 461); Bholanath Nandi and others vs. Midnapore Zemindary Company Limited and Six Others [1904] 31 LA. 75, Syed Ali and others v. Sarjon Ali and others 18 C.W.N. 735. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him),......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......he death reference could not be taken as an extenuating factor for commutation of the death sentence………………(18) Case Referred to- Nausher Ali Sarder Vs. The State, 39 DLR (AD) 194. Lawyers Involved: Mahbubey Alam, Advocate Supreme Court, instructed by Md. Sajjadul Huq, Advoca......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ...... Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defendant both took the position that Hin......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......srs. A.T.J. Industries Ltd. and others, 28 DLR (AD) 120; Bangladesh and others Vs. M/s Speedbird Navigation Co. and others, 30 DLR (SC) 101, McMullen vs. Wadsworth (1889) 14 App. Case 631 (636). Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate...... Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) Articles 1(ii)(a), 2(s)(i) and 3 The Bangladesh Ci..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default 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) 109 ......sed…………………….(11) Cases Referred to- Ramjan Ali Mistry vs. Md Hedayetallah (1979) 31 DLR (AD) 183; Profullah Kumar Chakraborty vs. Anil Prosad Chowdhury, (1981) 33 DLR (AD) 55. Lawyers Involved: Moksadul Hakim, Senior Advocate, instructed by N.H. Khondker, Advocate-on-Recor......s the second week of July, 1973 plaintiff-respondent demanded enhancement of rent which the defendant-appellants did not accept. 5. Defendant-appellants offered rents for May and June, 1973 by pay Order No. A022932/26/ 2327 dated 12.7.73 on Rupali Bank, Khatunganj Branch, Chittagong which the pla..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......rned Judges of the High Court Division having acquired the accused it cannot be said that their finding is perverse or against any evidence judtifying interference………………………(5 & 6) Lawyers Involved: B. Hossain, Advocate-on-Record. - For the Appellant. Mainul Husain, Advocate......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......n support of the document already proved. However the Heba-Bil-Ewaj having been disbelieved by the courts below concurrently shall not be reopened in the fresh trial…………………..(11 & 12) Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record.......................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appell..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......pecified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B.Hossain, Advocate-......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......udge shall not be added as working days for computing limitation under section 339(c) of the Cr.P.C. the period of 53 days have been rightly excluded from the working days…………………..(2) Lawyers Involved: K.Z. Alam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record.-F......ocate for the petitioners, contends that this period of 53 days during which the trial Judge held the charge of the District and Sessions Judge should be included as his working days as well. But the Order-sheet of the trial Judge shows that as he was in-charge of the District and Sessions Judge on ..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ...... Ltd. reported in A.I.R. 1963 Cal. 473, Jugal Kishore Narain Singh and others V. Charoo Chandra Sur and other, reported in A.I.R. 1939 P.C. 159, Lala Beni Ram V. Kundan Lall reported in 26 I.A. 58 Lawyers Involved: S. R. Pal, Senior Advocate, (S. C. Das, Advocate with him) instructed by Syed S...... A.T.M.Afzal J.-I have gone through the judgments written by my Lord, the Chief Justice and my learned brother Badrul Haider Chowdhury J.; I concur with the judgment of my Lord, the Chief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......those papers thus not taken into evidence. The case is therefore sent back on remand to the trial court allowing the defendants to adduce additional evidence and the plaintiff to confront the same. Lawyers Involved: M.Nurullanh, Attorney-General (A.F.Hassan Arif, Deputy Attorney General and B. ......urt since by the time they were discovered the trial Court rejected the prayer to make them exhibits, inasmuch as, the evidence was closed by that time(15.3.82). The trial Court by order dated 8.4.82 Order No. 59 rejected the prayer for making the said letters as Exhibits. 11. Mr. S. R. Pal, lea..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......e fact that the victim luckily survived for two weeks on account of treatment in the hospital is no ground to put a premium on the offence committed by the accused. …………………..(7) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Rccor......including the appellant under section 302/34 Penal Code and sentenced each of them to, imprisonment for life. On appeal, however, the High Court Division (Rangpur Bench) by the impugned Judgement and Order dated 14 June 1984, allowed the appeal of three accused insofar as the charge of murder was co..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......considering the evidence both oral and documentary came to the above finding………………………(10-12) Case Referred to- A.H. Md. Ismail vs. Sachidananda Bhattacharjee 40 C.W.N.769. Lawyers Involved: M.M. Khondker, Senior Advocjte, instructed by Sharifuddin Chaklader, Advocate-o......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......es Referred to- Fazar Ali and another Vs. Afzal Mia and others 9 DLR 258, Jainullah and another Vs. Ami Mia and others 15 DLR 77, Jeo Narayan Matho vs. Budhan Matho and others AIR 1941 Pat 247. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....s a Government in the Country and then in August, 1975 a change was effected in the structures of the State craft and again from 1976 to March 1982 there was Constitutional Government in the Country. Martial Law was promulgated in the later part of March, 1982 and 5 months thereafter this informatio......ourt……………………….(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 DLR (AD) 18, Abdus Salam Master 36 DLR (AD) 58, Moslem Sharif vs. State, Criminal Appeal No. 2 of 1985. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Senior Advocate with him) in......n Ahmed, J. A.T.M. Afzal J. - I have perused the judgments written by my learned brothers Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Repo..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil vs. Shama Corp., 1985 BLD, 263 =37 DLR (AD) 117, R.D. Shetty vs. International Airport Authority, AIR 1979 (SC) 1628.
Lawyers Involved:
Rafiqul Huq, Senior Advocate, (M. Fazlul Haque, Advocate with him) instructed b......ghest bidder” and further that the defendant Corporation and its officers "are bound to implement the sale of the vesel to him" in terms of their Tender Notice. Appellant filed an application under Order XXXIX, rules 1 and 2, read with section 151, Civil P.C., for an injunction restraining respond..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ...... (SC) 503, Himayatullah Farukhi P.L.D. 1969 (SC) 407, Md. Shoib vs. Govt. of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 407 and Shahbaz vs. the State 8 DLR (FC) 20. Lawyers Involved: S.S. Halder, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-R......hoib vs. Govt. of Bangladesh 27 DLR 315. In that case it seems that the Government passed the order releasing the property in favour of the owner which was earlier taken over under Acting President's Order as abandoned property and the order says "unit is released in favour of the owner because they..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......(AD) 282, Mosharraf Hossain Chowdhury v. General Manger, Titas Gas Transmission & Distribution Co. Ltd. 1981 BLD (AD) 61, M/s. Eastern Mercantile Bank Ltd. v. Mohammad Shamsuddin, 21 DLR (SC) 365. Lawyers Involved: Asrarul Hossain, Senior Advocate,(Syed Amirul Islam, Advocate, with him) instru......e Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respondent Judgement Aug. 3 1987. The Employment of Labour (Standing Orders) Act, 1965 (VIII of 1965), Sections 17 and 25 The Specific Relief Act, 1877 (I of 1877), s..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......Division on guard against accepting evidence of PW 4 Mobarak and others. The evidence on does not justify the order of conviction under section 302/109 and 148 Penal Code…………(15 & 16) Lawyers Involved: Shaukat Ali, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Recor......ecord.- For the Appellant. B. Hossain, Assistant Attorney-General, instructed by Zinnur Ahmed, Advocate-on-record.-For the Respondent. Criminal Appeal No. 27 of 1985. (From the Judgment and Order passed by the High Court Division, Rangpur, dated 12.3.84 in criminal Appeal No. 375 of 1970.)..Category: Criminal Law | Date: | Hits: 55
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