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The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
.... homicide not amounting to murder; and if death is the most likely result, then it is murder. Conviction of the appellants under section 302/34 altering the same under section 307/34 on appeal by the High Court Division is altered with conviction under section 304 part 1 of the Penal Code…….(8 &......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....h has been waived by consent and conduct of the parties. Considering the facts of this case the opinion is that the defendant had made out a case of waiver and acquiescence and the judgment of the High Court Division passing a decree of eviction is liable to be set aside and the trial Court was c......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
.... Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revision Case No. 187 of 1986.) Judg......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....Md. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No. 18 of 1985. (From the judgement dated 2-8-83 passed by the High Court Division, Jessore Bench in Second Appeal No. 280 of 1978.) Judgment: ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....-Record— For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Appeal No. 36 of 1985. (From the Judgment and Order dated 21. 1. 85 passed by the High Court Division, Comilla in Civil Revision No. 114 of 1984.) Judgment: &nbs......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....cate-on-Record—For the Respondent Nos. 10 & 11. Ex Parte—the Respondent Nos. 2—9. Civil Appeal No. 113 of 1983. (From the judgment and order dated 15th March, 1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 26 (C) of 1982.) Judgment Fazle Mun......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....—Respondent Nos. 2, 4 & 5. Ex-parte—Respondent Nos. 3 & 6. Civil Appeal No 169 of 1983 (From the judgment and decree dated 30th March, 1983 passed by the High Court Division, Dhaka Bench, in Second Appeal No. 454 of 1974.) Judgment: ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....ord— For the Respondent No. 1. Abdul Malek, Senior Advocate—Amiens Curiae. Civil Appeal No. 37 of 1984. (From the judgment and order dated 26.7.83 passed by the High Court Division, Dhaka, in Civil Order No. 234 of 1983.) Judgment: &n......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....5. A.W. Bhuiyan, Additional Attorney General with B Hossain, Assistant Attorney General-Amicus Curiae. Civil Appeal No. 1 of 1986. (From the judgment and order dated 28-3-85 passed by the High Court Division, Dhaka, in F.A.T. No. 86 of 1985.) Judgment Badrul Haider Chowdhury J. â......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....Advocate on Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No 60 of 1985. (From the judgment and order dated 9th October, 1983 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 15. 3 of 1983.) Judgment: ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....sain, Advocate-on-Record—For the Respondent (In both the appeals). Civil Appeal Nos. 57 and 58 of 1986. (From the judgment and order dated 7-8-86 & 3-9-86 passed by the High Court Division, Dhaka, in Company Matter No. 27 of 1986.) Judgment: ......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....d—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 (From the Judgment and order dated 11.2. 86 passed by the High Court Division, Circuit Bench, Jessore, in Death Reference No.9 of 983 with Jail Appeal No. 94...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
....on -Record—For the Amicus Curiae.
Ex parte—For
the Respondent Nos. 2—6.
Civil
Appeal No. 17 of 1985.
(From the Judgment and Order dated
4.3.84 passed by the High Court Division, Chittagong in First Appeal No. 28 of
1970.)
Judgment:
&nbs......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
..
Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....k, Senior Advocate Sharifuddin Chaklader, Advocate-on-Record.— For the Respondents. Criminal Appeal No. 36 of 1985. (From the judgment and order dated 20 June 1984 passed by the High Court Division, Rangpur Bench, in Death Reference Case No. 1 of 1982 and Criminal Appeal No. 2......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
.... AbÂdul Mannan, Advocate with him) instructed by Serajur Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No. 3 of 1986. (From the Judgment and Order dated 11-9-85 passed by the High Court Division, Dhaka in Civil ReÂvision No. 506 of 1985.) Judgment: Fazle Munim CJ. -......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 16 of 1985. (From the judgment and order dated 17.11.1983 pasÂsed by the High Court Division, Comilla BeÂnch, in Criminal (death) Reference No.1(C) of 1982 and Jail and Fil......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....sh;For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1915.) Judgment &nb...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
.... Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 38 of 1986. (From the judgment and order dated 26-6-1986 passed by the High Court Division, Dhaka Bench, in Company Matter No. 21 of 1986.) Judgment: ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....dash;For respondent Nos. 1 and 3. Ex-parte.—Respondent Nos. 2 and 4-6. Civil Appeal No. 91 of 1984. (From the judgment and order dated 14th November, 1983 passed by the High Courts Division, Dhaka in Civil Revision No. 248 of 1983). Judgment ......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....a, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 3. Civil Appeal No. 36 of 1986. (From the judgment and order dated 23.4.1986 passed by the High Court Division, Dhaka Bench in Writ Petition No. 179 of 1985.) Judgment Badrul Haider Cho......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
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