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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. ......lt, the conviction of the respondents is altered to a conviction under 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)

....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......cquiescence and the judgment of the High Court Division passing a decree of eviction is liable to be set aside and the trial Court was correct in dismissing the suit…………………..(19 & 20) Cases Referred to- M/s. M.A. Hoque & Co. Vs. Zakir Hossain 1984 BLD 298, Prafullah Kumar Chakraba..

Category: Property Law | Date: | Hits: 52

Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)

....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. ......h;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.) Judgment:         &nb..

Category: Election Law | Date: | Hits: 110

Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)

.... 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. ......bdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another……………………Respondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. ..

Category: Property Law | Date: | Hits: 44

Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)

....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. ...... Khatun transferred the entire plot No. 404 to her daughter Maleka Khatun (appellant No. 1) on 6th March 1975. 3. Abid Ali, respondent No. 1, filed pre­emption case, being Miscellaneous Case No. 230 of 1980, impugning the aforesaid sale. His case is that he got a decree for specific p..

Category: Property Law | Date: | Hits: 48

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....H Rahman J. Order of the Court By a majority decision the appeal is dismis­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......…………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appeal is dismissed. Cases Referred to- Gangamoyi Devi Vs. Troiluckhya Nath Chowdhury and another, 33 I.A. 60; Gopal D..

Category: Procedural Law | Date: | Hits: 115

Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)

....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. ......lip;……………………………………………Respondents Judgment March 31, 1987. Cases Referred to- Altafur Rahman vs. Tamijur Rahman, 30 DLR (SC) 236. Erfan Ali vs. Joynal ..

Category: Property Law | Date: | Hits: 50

Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)

....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. ...... was created for compromis­ing the suit and the same was filed in the Court The plaintiff challenged this solenama as fictitious and false for which a miscellaneous case was started being Misc, Case No. 71 of 1980. 4. Evidence was led by both the sides and the learned Munsif found tha..

Category: Property Law | Date: | Hits: 32

Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)

....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: ......……………….Appellant Vs. Gazi Abdur Rashid & others.……………………………………Respondents Judgment April 5, 1987. Result: The appeal is dismissed. Cases Referred to- Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561; State of Punjab ..

Category: Procedural Law | Date: | Hits: 124

Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)

....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. ......;…Appellant Vs. Md. Kobad Ali and others…. ………………………Respondents Judgment March 9, 1987 Case Referred to- Muhammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC..

Category: Procedural Law | Date: | Hits: 102

Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)

....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. ......b…………………………………….Res­pondent (In both the appeals) Judgment March 8, 1987 Cases Referred To- Ellal Textile Mills Ltd., 38 DLR (AD) 26; Re Sulekha Works Ltd, AIR 1965..

Category: Business or Commercial Law | Date: | Hits: 76

Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)

.... 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. ...... 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

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Re­sident Propty, Ctg & ors., 1987, 16 CLC (AD)

.... 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. ......ppellant Vs Assistant Custodian, Vested and Non-Re­sident Property, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K..

Category: Property Law | Date: | Hits: 70

The State Vs. Fazal and others, 1987, 16 CLC (AD)

....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. ......;……………....Appellant Vs. Fazal and others………………....Respondents Judgment March 12, 1987. Cases Referred to- AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 ..

Category: Criminal Law | Date: | Hits: 46

Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....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. ......d J M.H. Rah­man J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- Nava Ku­mar vs. Radhashyam. AIR 1931 (PC) 229; United Provinces Vs. Atiqa Beg..

Category: Employment/Service Law | Date: | Hits: 97

State Vs. Lalu Miah and another, 1986, 15 CLC (AD)

....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. ...... ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The Appeal is allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S..

Category: Criminal Law | Date: | Hits: 124

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

.... 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. ......lip;…….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent Judgment November 9, 1986. Cases Referred to- AIR 1954 Call 208,34 DLR AD 25, AIR 1957 SC 354; AIR 1963 SC 780; Makhan ..

Category: Property Law | Date: | Hits: 31

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

....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. ......rs………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire ..

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)

....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. ......hellip;……....Appellant Vs. Bangladesh Sugar and Food Industries Corporation and ors………...Respondents Judgment August 24, 1986. Cases Referred to- Md. Chand Miah Sowdagar Vs SMH Rahman 1985 BLD 337; Kalu Vs. Sowaria 27 ..

Category: Civil Law | Date: | Hits: 84

Sharping Matshajibi Samabaya Sa­mity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdic­tion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......aya Sa­mity Ltd.....................Appellant Vs. Bangladesh & others…………………………………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radh..

Category: Property Law | Date: | Hits: 87