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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. ......d Order passed by the High Court Division, Rangpur, dated 12.3.84 in criminal Appeal No. 375 of 1970.) Judgment ATM Afzal J.- This appeal following leave by the eight accused-appellants is from judgment and order dated 12 March 1984 passed by the High Court Division (Rangpur Bench) in appeal u..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 ...... High Court Division, however, found that the suit for eviction was not maintainable against defendant No. 2 who is neither a sub-lessee nor a tenant under the plaintiff and accordingly set aside the judgment and decree of the trial Court. 5. The present appellants who are the heirs of the plaint..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. ......m the Judgement and order dated 23-5-83 passed by the High Court Division, Dhaka in F.A. No. 44 of 1981.) Judgment Badrul Haider Chowdhury.- This appeal by special leave is directed against the judgment and order of the High Court Division in F. A. No. 44 of 1981. 2. The predecessor of the ..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 ......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 ..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. ...... Judgement and order dated 28.9.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 141 of 1986.) Judgment Badrul 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. ..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. ......the Appellant. Rafiqur Rahman, Senior Advocate, Instructed by Serajur Rahman, Advocate-on- Record- For the Respondents Nos. 1, 2, and 4. Criminal Appeal No. 56 of 1985. (From the judgment and order dated 29 August 1983 passed by the High Court Division, Rangpur Bench, in Crimina..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......e following month has been waived by consent and conduct of the parties. Considering the facts of this case the opinion is that the defendant had made out a case of waiver and acquiescence and the judgment of the High Court Division passing a decree of eviction is liable to be set aside and the t..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. ......e with him) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—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 C..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. ......dgment: A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) ..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. ......in favour of appellant No. 1 in respect of the disputed holding respondent No. 1 is not a co-sharer. He cannot, therefore, maintain a petition for preemption. 6. Against this judgment respondent No. 1 moved the High Court Division, being Civil Revision No. 114 of 1984. The ..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. ......hbubey Alam, Advocate with him) Sayed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos. 10 & 11. Ex Parte—the Respondent Nos. 2—9. Civil Appeal No. 113 of 1983. (From the judgment and order dated 15th March, 1983 passed by the High Court Division, Comilla Bench, in Civil..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. ......Record—For the Respondent No. 1. Dead—Respondent Nos. 2, 4 & 5. Ex-parte—Respondent Nos. 3 & 6. Civil Appeal No 169 of 1983 (From the judgment and decree dated 30th March, 1983 passed by the High Court Division, Dhaka Bench, in Secon..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. ......nt. Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Abdul Malek, Senior Advocate—Amiens Curiae. Civil Appeal No. 37 of 1984. (From the judgment and order dated 26.7.83 passed by the High Court Division, Dhaka, in Civil Order No. 234 o..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: ......o. 3. Ex-parte-For the Respondent Nos. 4—5. A.W. Bhuiyan, Additional Attorney General with B Hossain, Assistant Attorney General-Amicus Curiae. Civil Appeal No. 1 of 1986. (From the judgment and order dated 28-3-85 passed by the High Court Division, Dhaka, in F.A.T. No. 86 of 1985...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. ......R (SC) 155. Lawyers Involved: B. Hossain, Advocate on Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No 60 of 1985. (From the judgment and order dated 9th October, 1983 passed by the High Court Division, Rangpur Bench, i..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. ......ynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Civil Appeal Nos. 57 and 58 of 1986. (From the judgment and order dated 7-8-86 & 3-9-86 passed by the High Court Division, Dhaka, in Company M..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. ......ty, forfeiture or punishment may be imposed as if the said Ordinance had not been repealed." 12. Mr. A. W. Bhuiyan, Additional Attorney-General, while supporting the judgment of the High Court Division, advanced independent reasons. He also referred to the afo..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. ......vocate-on-Record-For the Appellant Abdul Malek, Senior Advocate Sharifuddin Chaklader, Advocate-on-Record.— For the Respondents. Criminal Appeal No. 36 of 1985. (From the judgment and order dated 20 June 1984 passed by the High Court Division, Rangpur Bench, in Death R..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. ......in Civil Revision No. 506 of 1985.) Judgment: Fazle Munim CJ. - Since I have dissented from the conclusions reached by the majority of the learned Judges, I have intended to give a separate judgment which is as follows. This appeal arises from judgment and order dated 11-9-85 passed by ..Category: Employment/Service Law | Date: | Hits: 97
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