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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 ......ell to their saham. Function of the Executing Court is strictly limited to execution of the decree as it is. The Executing Court got no authority to go beyond the decree and award compensation to the judgment-debtor who is however at liberty to remove her structure taking permission of the Executing..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 ......decree passed 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 f..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. ......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)
.... 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 ......ecting the appellant's prayer for bail in a pending Criminal ApÂpeal being No. 64 of 1987. 2. The appellant along with 17 others were convicted by the learned Assistant Sessions Judge, Khulna, by judgment and order dated 19.4.87, under Sections 304 Part 11/201/34 of the Penal Code and sentenced ..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 ......din. 7. The alleged dying declaration which was said to have been written down on a piece of paper was not, however, produced before the court, The AddiÂtional Sessions Judge also observed in his judgment that it was not possible for Safiluddin who was so critically injured, his intestine having..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 ......te complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owner, the said Ashutosh. The suit was, however, dismissed on merit by a judgment merit dated 15 September 1980 with the observation that the Bainapapatra produced by the pl..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 ......zal J. - This appeal by the pre-emptee, (since deceased and substituted by his heirs) following leave, arises out of a proceeding under Section 26F of the Bengal Tenancy Act and is directÂed against judgment and order dated 31st July 1980 passed by a Single Judge of the High Court Division in revis..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 ......ppeal No. 55 of 1985 & Criminal Petition No. 68 of 1986 Judgment: Fazle Munim CJ.-I have gone through the judgÂments written by Badrul Haider Chowdhury and A.T.M. Afzal, JJ; I concur with the judgment of Badrul Haider Chowdhury J. Badrul Haider Chowdhury J: - It is my misfortune that I c..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 ...... 9. It appears that the application filed by reÂspondent No. 5 on 11th September 1985 was heard in the presence of both parties. Having gone through the petition part of which has been quoted in the judgment and also the relevant paragraph in the aforesaid Writ-Petition which showed conflicting cla..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. ......ppeals). Kazi 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 ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......nless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned therein are struck down as invalid. Thus judgments of the courts below are set-aside and the suit out of which this appeal has arisen stands ..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 ......ue, Advocate 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 Appea..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 ......zammal Huq, Bhuiyan, 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. 43..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. ......as served upon him in support of this contention the learned Advocate also cited a number of cases. Most of the decisions cited by both the learned Counsels arc found to have been referred to, in the judgment of the High Court Division. 5. It appears that the impugned decision of the learned Sing..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 ......tion from payment of rent in respect of lands mentioned in secÂtion 22 of the Act, and if such exemption is granted it will be beyond its jurisdiction and 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. ..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. ......lader, Advocate-on-Record - For the Appellants. Md. Nurul Haq, Advocate-on-Record - For the Respondents No. 1 and 2. Ex Parte- Respondent Nos. 3-6. Civil Appeal No. 70 of 1985. (From the judgment and depredated 4.7.85 passed by the High Court Division, Comilla Bench in Civil Revision No..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.
......
A.W.Bhuiyan, Additional-Attorney-General instructed by B. Hossain, Advocate-on-Record- For the Respondents.
Criminal Appeal No. 5 of 1987 Converted to Civil Appeal No. 36 of 1987.
(From the judgment and order dated 22.7.87 passed by the High Court Division, Dhaka in Writ Petition No. 4 of ..
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 ...... Ex-parte- 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, Chittagon..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. ......the Appellant. S. R. Pal. Senior Advocate (Zakir Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 24 of 1987. (From the judgment and order dated 9th July, 1987 passed by the High Court Division, Dhaka, in Writ Petition 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. ......lant. Md. 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..Category: Property Law | Date: | Hits: 45
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