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Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....dence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the only course for the Sessions Judge was to direct further enquiry under section 436 Cr. P.C..………………(7) Lawyers Inv......igh 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. ......t 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. ...... 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)
....ssore Session) rejecting 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 C......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 ......t'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 ...... 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 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....Criminal Appeal No. 6 of 1986. Judgment: A.T.M. Afzal J. - The two appellants, Taleb All and Ful Babu son of Nazamuddin, along with five others were put on trial before the Additional Sessions Judge, second court, Rangpur for alleged offences under sections 148/302/34 Penal Code. The appellan...... 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 ......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 ......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 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ed in this appeal relates to the scope and extent of this section. 2. Accused-appellant No.1 had filed Title Suit No. 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ashutosh Debnath for specific performance private complaint of a con......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 ...... 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 ......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 ..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
.... 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 revision restoring those of the trial court allowing pre-emption......n 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 ......f 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 ...........Appellant Vs. Bhayetullah & anothers.... ..............Respondents Judgment November 11, 1986. C.A. 129 of 1983 The Bengal Tenancy Act, 1885 (VIII of 1885), section 26F The Bangladesh Land Holding Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisi..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....f to the reasonings given in the judgment of my learned brother A.T.M. Afzal, J. 3. The fact need not be restated because in the judgment of Afzal, J. it has been given fully. The learned Sessions Judge had noticed that 2 influential groups of the locality were involved in this case and the accus......tence 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 ...... 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 ......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 ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
.... failed to obtain any remedy from the MiniÂstry of Land Administration and Land Reforms filed Writ Petition, No. 307 of 1985 before the High Court Division, Dhaka. On 5th September, 1985 the learned Judges of the High Court Division issued the following Rule Nisi upon the respondents: "Let a Rul......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 ......tated 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 ......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 ..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 the date of coming into force of these Rules-on 20.7.1984. Now the question is whether this was the intention of the LegÂislature in enacting sub-rule (2) of Rule 26 of the new Rules. The learned Judges of the High Court DiviÂsion, on consideration of the rules, concluded that this was not the ......d 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. ......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. ......esent: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment August 18, 198..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....e Abdul Wadud Chowdhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the suit land and that their possession was not ......f 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. ......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. ......in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
.... Shahabuddin Ahmed J. - Appellant Bandez Ali is challenging an order of his conviction and senÂtence to transportation for life under section 302 of the Penal Code, passed by the Additional Sections Judge, Rangpur and confirmed in appeal by the High Court Division. 2. This arises from Criminal A...... 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 ......t-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 ......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 ..Category: Criminal Law | Date: | Hits: 67
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 of 1985) 38 DLR (AD) 246, Malkarjun Vs. Narahari and......edy 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 ...... 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 ......t vs. Abdur Rahman Munshi and others ............Respondent. Judgment March 17, 1986. The Code of Criminal procedure (V of 1898), sections 439(4) and 439A(2) The Constitution of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections ..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....as adjournment cost to the plaintiff. He challenged this order by a revisional application, under section 115 of the Civil P.C, before the High Court Division, which was dismissed by a learned Single Judge of the High Court Division by order dated 6 April, 1986. 2. Leave was granted by us to cons......rial 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. ......rt 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. ......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. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ench of the High Court Division, Dhaka (Mr. Justice Ranadhir Sen and Mr. Justice Aminur Rahman Khan) on 12th April 1982. 2. Plaintiff- respondent filed Title Suit No. 95 of 1965 in the Subordinate Judge, 3rd Court, Dhaka for declaration that the assessment of rent under the provisions of the Stat......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 ...... 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 ...... Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
.................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali co......thout 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. ......y 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. ......hatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the Hi..Category: Property Law | Date: | Hits: 43
.... may be, when, for reasons to be recorded in writing, such officer, authority, Magistrate deems it necessary for the security of the public peace to cancel or suspend such liÂcense; or
(b) by any Judge or Magistrate before whom the holder of such license is convicted of an offence against this A......˜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.
...... 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.
......the local Awami League, has been involved in political and social works for a long time, was elected member of the Provincial Assembly in 1970 and of the ConstitÂuent Assembly after the emergence of Bangladesh, For his personal safety he needed a firearm and obÂtained a license for a revolver from..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....ppellant. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him) instructed by Sharifuddin Chaklader-Advocate-on-Record--For the Respondent. Ex-parte- Respondent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairm......hat 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 ......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 ......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 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....decision but it was refused because the first contention as to the locus standi of the petitioner was neither raised in the High Court Division and on the second point it was noticed that the learned Judges have given coÂgent reasons for taking view. (In Civil Petition No. 164 of 1981). 33. In C......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. ......ed 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. ......is Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....s partition as was claimed by the defendants. The trial court deÂcreed the suit and that was affirmed by the appellate court below. In revision at the instance of the defenÂdants the learned Single Judge of the High Court DiÂvision made the rule absolute and remanded the suit to the trial court w......e 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. ......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. ......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. ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....e such occasion he was murÂdered by his own men, namely P.Ws. 1 and 7 who wanted to get hold of Nanda's illegal wealth. All these suggestions were denied by the witnesses. 5. The learned Sessions Judge, Jessore, by his judgment and order dated 29 March 1984 convicted and sentenced the four appel......released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. 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 plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ...... do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plainÂtiffs' 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
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