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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. ......ndent. The right of redemption could, therefore, be validly claimed by the plaintiff-respondent. The Appeal is dismissed……………………..(12) Cases Referred to- Sarat Kumar Banerjee Vs. Munshi Abdul Bari 36 CWN 844; Krishna Chandra D..

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. ......he High Court Division is set aside and that of the fist 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)

....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. ......equently withdrawn. Thereafter, one Khorshed Alam, who was cited as a witness in the First Information Report, filed a fresh complaint against the same accused per­sons on the same allegation. C.R. Case No. 299(1) 82 under various sections of the Penal Code including section 302 of the Penal Code ..

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. ......the High Court Divisions is not in accordance with the well established principle for reversing a decision of the Trial Court. The Appeal is allowed…………(14)  Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115; C..

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 category of "Non-Agricultural tenants" and as such the protec­tion under section 7 is not available to -him…………………(7)  Case Referred to- Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. Lawye..

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. ......ment and order dated 6.6.1983 passed by the High Court Division, Comilla Bench, in Criminal Revision No. 56 of 1983 quashing proceedings under section 145 of the Code of Criminal Procedure in Misc. Case No. 1 of 1983 of the Court of Metropolitan Magis­trate, Chittagong. 2. On 5..

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. ......rder of acquittal passed by the Sess­ions Judge, Bogra, in Criminal Appeal No. 22 of 1971 setting aside the order of conviction of the respondents by the Assistant Sessions Judge, Bogra, in Sessions Case No. 25 of 1970. Leave was granted to consider the legality and correctness of the order of a..

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. ......ff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not after­wards sue in respect of the portion so omitted or relinquished." Case of the plaintiff as specifically stated in the plaint is that be limited his claim to a small..

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." ......nt after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19)  Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohamma..

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. ......nterfered with under section 561A Cr.P.C. and that section is not to be used to interrogate or obstruct the ordinary course of procedure as laid down in the Code……………………(28)   Cases Referred to-  Queen Vs. Okhoy Coomar, A.I.R. 1932 Bombay, 57; Bhaban Mohan Das Vs. Sur..

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. ......s beyond the jurisdiction of the executing court once it has executed the decree. Section 47 will apply so long the decree remains unexecuted………….(11)  Cases Referred to- Abbasuddin Chowdhury Vs Chandra Mohan Chowdhury, (1966) 18 DLR 535..

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. ......utting an end to the validity of the decree for execution with expiration of twelve years form the date of the decree under section 48 C.P.C.…………….(4)  Cases Referred to- Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo, 27 D.L.R. Dac. 72..

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. ......mined 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 Chand Mondal Vs Nivaran Chandra Das, 51 CWN, 644; Barkat Ali Monda..

Category: Property Law | Date: | Hits: 122

Abdul Quddus Vs. The State, 1991, 20 CLC (AD)

.... 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. ......tifur Rahman J Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawye..

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.......l J AKM Shamsuddin and others..........................Plaintiff-Appellants Vs. Aftabuddin Ahmed .........................................Defendant-Respondent Judgment May 21, 1991. Cases Referred to- Ramjan Ali Mistry 31 DLR (AD) 183; Abu Layes 29 DLR (SC) 13 & Basiruddin A..

Category: Tenancy Law | Date: | Hits: 101

Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)

....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. ......ing dead his heirs: Firoza Begum and others .........Appellants Vs. SMA Rahman .................................................Respondent Judgment March 18, 1991. Case Referred to- Abdus Sattar and others Vs. Suresh Chandra Das and others, 32 DLR (AD) 170..

Category: Property Law | Date: | Hits: 26

Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)

....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. ......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)

.... 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. ...... thereby affirming the decree dated 5.12.88 and order dated 28.1.99 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 350 of 1988 arising out of Arbitration Miscellaneous Case No. 63 of 1989. Civil Appeal No. 55 of 1990 arose by leave from the judgment and order dated 1..

Category: Others | Date: | Hits: 88

Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)

....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. ......view of the above, the judgment and decree of 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)

....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. ......q (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: ..

Category: Property Law | Date: | Hits: 30