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Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....quiry to make a finding of fact as to truth or otherwise of the allegations made by the appellant. When the Election Commission directed consolidation and acceptance of the result as submitted by the Presiding officer, the High Court Division could not sit on judgement over it and direct repoll…â€......f the respondent it was argued that the impugned order was not for reÂcounting of votes but for consolidation of the results in DMA Form as submitted by the Presiding Officer in TA Form. The learned Judges took the view that the impugned order so far as it relates to the recountÂing of votes of Mu..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ...... passed by the High Court Division, Dhaka in Civil Order No. 988 of 1986). Judgment ATM Afzal J.- The appellants are defenÂdant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election CommisÂsion & others, 1989, 18 CLC (AD)
....ted 9th April, 1988 (Annexure—C to the writ petiÂtion) directing a re-poll at Rajanagar Primary School Centre, Simulkandi Union Parishad, Upazila Bhairab. 2. After considering the report of the Presiding Officer and that of the Returning Officer which gave an appearance that the election was h......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ..Category: Election Law | Date: | Hits: 114
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... leave at the instance of respondent Nos. 3-5 (defendants) (transposed to the category of petitioners in the leave petition) arises out of judgment and order dated 18 February 1987 passed by a Single Judge of the High Court Division, Rangpur Bench in revision decreeÂing O.C. Suit No. 335 of 1969 af..Category: Procedural Law | Date: | Hits: 132
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational instituÂtion is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......for making pilgrimÂage to a holy place and as such it was for legal neÂcessity. As to the dedication by the Deed of Gift the appellate Court found that it was for a holy purpose. The learned Single Judge of the High Court DiviÂsion concurred in this finding. 3. Mr. S.R. Pal, learned Counsel fo..Category: Family Law | Date: | Hits: 157
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......king the view that the suit filed by the plaintiff was hit by res juÂdicata. 3. Plaintiffs are the appellants. They filed the suit being O.C. Suit No. 136/1965/13/1966 in the Court of Subordinate Judge, 4th Court, Mymensingh for declaration of title to the suit land. Their case in short was that..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......urt Division, Dhaka Bench in F.A. No. 1 of 1980). Judgment ATM Afzal J.- Contesting defendants No.1 and 3 in a suit for partition being Title Suit No. 17 of 1975 of the 3rd Court of Subordinate Judge, Dhaka, are appellants in this appeal by leave. 2. Plaintiff-respondent No.1 brought the su..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......ired 4/5 share by his purchase. The plaintiffs were given 7/15th share of the suit homestead on partition and were allowed to purchase Defendant No. 1's share. 5. On appeal the learned Subordinate Judge afÂfirmed the decree of the trial Court as to defendant No. 1's share. He observed: "The pres..Category: Property Law | Date: | Hits: 45
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......h Court Division, Circuit Bench, Rangpur refusing bail to the appellant pending disÂposal of his appeal being Criminal Appeal No. 179 of 1986. The appellant was convicted by the DiviÂsional Special Judge, Rajshahi, under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and se..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inferÂence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ivision (Sylhet Bench) in appeal acquitting the respondent of the charge under sections 302/34 Penal Code. 2. Respondent and two others were put on trial in the Second Court of Additional Sessions Judge, Sylhet on the aforesaid charge on the allegaÂtions that at about 8-30 p.m. on 31-7-76 the re..Category: Criminal Law | Date: | Hits: 43
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......igh Court Division, Dhaka, in Civil Miscellaneous Appeal No. 191 of 1984). Judgment: M.H. Rahman J.-Appellant was the deÂfendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific perforÂmance of contract..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......but they had themselves litigations with them (accused), and that they were falsely implicated in this murder at the inÂstance of Abdul Karim and P.Ws. 3 and 6. 6. The learned Additional Sessions Judge, Chittagong, on consideration of the evidence of 13 witnesses examined by the prosecution, the..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......n Criminal Appeal No. 179 of 1984). Judgment Shahabuddin Ahmed J.-In this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshahi, was vitiated in the alleged absence of any sanction by the Government under section..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ...... MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Result: The appeal is alÂlowed. The Premises Rent Control Ordi..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......appellant of the said charge and senÂtenced him to R.I. for one year six months thereunÂder. His appeal against the order of conviction and sentence having been dismissed by the Additional Sessions Judge, Dinajpur, by judgment and order datÂed 6.4.82, a revision was taken to the High Court Divisi..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......78 of 1984). Judgment: Shahabuddin Ahmed J.-Accused-petitioners were convicted and sentenced to seven years imprisonment with fine under section 394 of the Penal Code by the Assistant Sessions Judge, Tangail, by an order dated 18 July 1984. They preÂferred an appeal which was dismissed with ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......llant had transferred the aforesaid land to his brothers by registered kabalas without the settlement being finally approved. The appellant brought O.C. Suit No. 141 of 1981 in the Court of Assistant Judge, Natore on 14.3.81 for a declaration that the cancellation of settlement was illegal, etc. and..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......, Chittagong in Civil Revision No. 318 of 1986). Judgment: ATM Afzal J.-This is a plaintiffs' appeal by leave and directed against judgment and orÂder dated 2 February 1988 passed by a Single Judge of the High Court Division, Chittagong Bench in reÂvision upholding an order of remand of the..Category: Property Law | Date: | Hits: 85
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......ted by B. Hossain, Advocate-on-Record. (Under Order XXI, rule-1) Civil Miscellaneous Case No. 1 of 1986. (Transfer) (Arising from Money Suit No. 7 of 1984 pendÂing in the Court of Subordinate Judge, Jessore.) Judgment Shahabuddin Ahmed J.- This rule was isÂsued calling upon the respon..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08....... summarily their application for bail under section 498 of the Code of Criminal ProÂcedure. 2. The appellants along with twelve (12) others are facing trial in the court of the Assistant Sessions Judge, Bogra for alleged offences under sections 304, 324, 325 & 326 Penal Code. The case was st..Category: Criminal Law | Date: | Hits: 63
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