Search Options
Judgment Advanced Search
Displaying 7141-7160 of 8243 results.
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 ....... 2. Plaintiff- respondent instituted Other Suit No. 3 of 1974 in the 1st court of Subordinate Judge Chittagong for recovery of arrear rents as monthly tenants in respect of the suit premises. The case of the plaintiff-respondent is that the appellants took rent of the premises at the rate of Tk...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 ...... and 12, was improperly rejected by the High Court Division when their evidence show that the murder in question was committed by the accused-respondents in their very presence. 2. The prosecution case arose from an incident in which the Informant's (P.W.1) younger brother Wazed Mirdha was killed..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 ......For Respondents Nos. 2-35(ch) 35(ja) ,35(Ta), 37-48 and 50-64. Civil Appeal No. 66 of 1985. (From the judgment and order dated 27.3.84 passed by the High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant Nos. 2-7 in a suit for partiti..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 ...... trials which could not be concluded within the time limit specified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Addit..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 ......s working days as well. But the Order-sheet of the trial Judge shows that as he was in-charge of the District and Sessions Judge on the date fixed for hearing he did not sit in this Court to try this case. Whereupon the witnesses went away. This clearly explains the whole matter and the period of 53..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 ......ed, inter alia, that the appellant was not a defaulter, rent was paid upto September 1974, respondent, however, refused to accept rent for October 1974, appellant therefore started House Rent Control case No.436 of 1974 and has been depositing rent regularly, respondent has no bonafide requirement o..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 ......ther relevant papers should be taken into consideration even though those papers were submitted before the trial court after the evidence was closed and those papers thus not taken into evidence. The case is therefore sent back on remand to the trial court allowing the defendants to adduce additiona..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. ......r section 302 Penal Code and sentenced to transportation for life. He obtained leave to appeal to contend that he ought to have been convicted for culpable homicide and not murder. 2. Facts of the case are as follows: Appellant along with three others were put on trial before the Additional Sessi..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. ......A.D. on account of Eidul Azha and the plaintiff’s suit filed on the 16th April, 1965 was not barred by limitation. This finding of the Court of Appeal below cannot be construed as a making of a new case. The question of limitation is a mixed question of fact and law. In this case Court of Appeal b..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....... that it was not the question of competition of the sale deeds as to which one will prevail over the other as considered by the learned single Judge. It was submitted that the positive and consistent case of the defendant appellant was that his purchase being earlier on the basis of the bainapatra a..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......circumstances in which lodging of any information as to the commission of an offence may be delayed. Delay raises doubt about the truth of the allegation; but it is for the prosecution to prove their case beyond reasonable doubt by adducing all the evidences at their disposal: whether such evidence ..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.
......interested in making cash offer also, and if so, he might submit fresh offer on cash basis in sealed cover to reach him by 12.00 hours of 18 December 1986. It was further stated in the letter that in case the cash offer "becomes higher than the earlier credit offer" the required earnest money at the..
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 ......4 decimals of land by respondent No. 2 was passed illegally without giving any hearing to the appellant. 2. Facts are as follows:- An area of 3.80-acrcs of land was requisitioned in 1965 vide L.A. case No. 64 of 1963-64 for the establishment of a Fire Brigade Head Quarter Station at Khulna Town. ..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 ......s" is palpably erroneous……….(10) (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 B..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. ......1860), Sections 302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecution case. It seems that the beginning of the prosecution story was like a high drama which, however, end..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 ......tively in the suit. Defendant No. 2 was brought in and given possession of two rooms without the knowledge and consent of plaintiff Abdul Aziz Bepari who never recognised her as tenant. Appellant’s case was that defendant No.1 was a habitual defaulter. Further, the plaintiff bonafide required the ..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. ...... a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnalini died on 12.6.64 leaving respondent Asim Kumar Basu as her heir. The plaintiff’s case was that he approached Hemnalini during her life time for execution of the deed and after her d..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 ......tory without giving any notice to the parties. The appellants failed to spell out their apprehension that impugned 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…………………….(..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. ......adrul Haider Chowdhury J.-I have had the advantage of perusing the judgment of my learned brother Shahabuddin Ahmed J. I agree that this appeal should be dismissed. 2. The crucial question in this case was whether the appellant had any pecuniary interest in the affairs of the Kathalia Upazilla Pa..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....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. ...... conviction of the respondents is altered and the appeal is allowed. The Penal Code, 1860 (XLV of 1860), sections 307/34 Reversal of the appellate Court's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to..Category: Criminal Law | Date: | Hits: 62
16831682168116801679167816771676167516741673167216701669166816671666166516641663