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Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......remanded to the trial court to decide on evidence to ascertain identity of the disputed plot to verify truth or otherwise of contention in the plaint of the former suit……………………(12) Cases Referred to- AIR 1967 SC 341, AIR 1968 Cal 550, (1852) I Maeq 212; Omar Ali V. Abdul Ali 8 ..Category: Property Law | Date: | Hits: 36
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 ......tion 18. The appellants having failed to prove that there was any such written contract, they have become defaulters and cannot escape eviction. The appeal is dismissed…………………….(11) Cases Referred to- Ramjan Ali Mistry vs. Md Hedayetallah (1979) 31 DLR (AD) 183; Profullah Kumar ..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 ...... Advocate-on-Record.— For the Respondents. Criminal Appeal No. 10 of 1985. (From the judgment and order dated 10.1.84 passed by the High Court Division, Barisal Bench, in Criminal Reference Case No. 3 of 1983 with Criminal Appeal No. 27 of 1983.) Judgment: Shahabuddin Ahmed J. - Thi..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 ......dismissed by the Additional District Judge, Third Court, Mymensingh by Judgment and decree dated 20.2.83. Appellants then filed a revision petition in the High Court Division being Civil Revision Case No. 152 of 1983. The learned judges of the High Court Division, by the impugned judgment and or..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 ......gment: Shahabuddin Ahmed J. - In this appeal at the instance of the State, the question is whether the impugned order of the High Court Division (Barisal) stopping all proceedings of the Sessions Case No.213 of 1S$3 and releasing the accused respondent under section 339C, Cr.P.C., is well founde..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 ......pecial leave to appeal from an order of the High Court Division dated 2 February 1986 summarily rejecting their application under section 561 A, Crl.P.C.for quashing the proceedings in Sessions Trial Case No.29 of 1985, Noakhali. The petitioners are facing trial on a charge of murder in the said pro..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 ...... absence of any positive proof of his intention to waive such default, amount to waiver so as to entitle him to the protection against the consequence of default, that is, eviction…………(13) Cases Referred to- Ramjan Ali Mistry V. Md. Hedayetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakr..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 ......trial Court to allow the defendants id produce these 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 ..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, there was no occasion for the High Court Division 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. ..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. ......itation is a mixed question of fact and law. In this case Court of Appeal below after 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 Involv..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.......f successive documents executed by the self-same vendor must be determined with reference to the title to the latter on the date of execution and not of registration………………(12 & 13) Cases Referred to- Fazar Ali and another Vs. Afzal Mia and others 9 DLR 258, Jainullah and anothe..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....many heinous offences could not be tried and therefore went unpunished, because a lack of proper investigation or due to extraneous reasons." The term of reference of the Commission of Inquiry shall be to ascertain by inquiry whether during the period from 1st March, 1972 to 6th Apr......nd reasonable doubt by adducing all the evidences at their disposal: whether such evidence can be relied upon is a matter which will be considered by the trial Court……………………….(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 DLR (AD) 18, Abdus Salam Master 36 DLR (AD) 58..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.
......ot acquire any right to purchase the vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16)
Cases Referred to-
M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil..
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 ......t any right had accrued to the appellant which should not be recalled. Earlier order of the Government could be modified and recalled for which no exception could be taken……………..(14 & 15) Cases Referred to- Shahbaz vs. Crown P.L.D. 1956 (F.C.) 46, Lt. Col. G. L. Bhattacharya V. The St..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 ...... (iii) in view of the findings that the respondent is a worker and that he is not an employee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Indust..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. ...... appeal is allowed. The order of conviction and sentence 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. ..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......the result, the appeals are allowed, judgments and decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......the decree and the Custodian who stepped into the shoes of the original owner e.g. Hemnalini has power to transfer this property by way of executing kabala. ………………….(40, 42 & 44) Cases Referred to- Benoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria & anothe..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......ned order would cause great inconvenience to them. In the facts and circumstances of the case the High Court Division correctly refused to interfere with the order…………………….(13 & 14) Cases Referred to- Narasimha V. Sengodi AIR 1955 Mysore 79, Padam Sen and another V. State of U.P..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......th the contract or independent of it, for the law provides that a person having any pecuniary interest in the affairs of the Parishad is debarred from seeking election or from acting as Chairman. Cases Referred to- Dr. Kamal Hossain v. Mohammad Sirajul Islam, 21 DLR (SC) 23, Darley v. The Que..Category: Election Law | Date: | Hits: 132
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