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Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. .........................Appellant Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that th..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......struction. On these findings, the trial Court decreed the suit directing his ejectment subject to his right to remove his materials used in constructing the huts. On appeal, the learned Subordinate Judge reversed the findings and held that since the structures were constructed with the tenan..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......cation under sections 435/439A of the Code of Criminal Procedure, praying for setting aside the impugned order dated 13.1.83 passed by the learned Metropolitan Magistrate. The learned Sessions Judge after hearing the revisional application rejected it with a direction to the learned Magistra..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......f the judgment and order dated 26-8-82 passed by the High Court Division, Rangpur Bench, in Criminal Revision No. 263 of 1972 refusing to interfere with an order of acquittal passed by the Sessions Judge, Bogra, in Criminal Appeal No. 22 of 1971 setting aside the order of conviction of the respond..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......39,000/-, the learned Munsif returned the plaint on the ground that the claim in the suit exceeded his pecuniary jurisdiction. The plaintiff then filed the suit in the 4th Court of Subordinate Judge, Dhaka, where it was registered as Money Suit No. 27 of 1979, and also made an application f..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......rises from the judgment of a Bench of the High Court Division in First Appeal No. 128 of 1973 on March 12, 1981. 2. The appellant filed Title Suit No. 12 of 1970 in the court of Subordinate Judge, Dhaka for a declaration that the order of reversion to his former post was malafide, illegal..Category: Employment/Service Law | Date: | Hits: 105
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......ower Appellate Court, however, allowed the application holding that some defendants died before the decree but their heirs not having been substituted, the decree was a nullity; the learned Single Judge of the High Court Division did not interfere with the lower Appellate Court's order on a re v..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......vision in dismissing the appeal being F. M. A. No. 385 of 1979 summarily. 2. The facts areas follows: The plaintiff appellant filed Money Suit No. 7 of 1955 in the 1st Court of Subordinate Judge, Dhaka. This was decreed on 23.12. 58 and thereafter Money Execution Case No. 17 of 1960 was ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......question of benami transaction can be gone into and determined in a proceeding for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. In both the cases, learned respective Judges of the Single Bench of the High Court Division answered the question in the negative and al..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......d against the judgment and order passed by the High Court Division, Rangpur Sessions, Rangpur, affirming the Death Reference No. 5 of 1988, confirming the judgment and order passed by the Sessions Judge, Pabna convicting the appellant under section 302 of the Penal Code and sentencing him to dea..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......tle Suit No. 432 of 1983, for ejectment of the defendant respondent, a monthly tenant, from the suit premises and is directed against the judgment and order dated 1st April, 1987 passed by a Single Judge of the High Court Division (Jessore Session) in Civil Revision No. 246 of 1986 making the Rule..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......ment of the suit premises. 2. The landlord-appellants' SCC Suit No. 19 of 1980 on the sole ground of bonafide requirement of the suit premises was dismissed by the learned SCC Judge and Subordinate Judge, 3rd Court, Dhaka by judgment and order dated 27.6.84. In revision unde..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ...... ATM Afzal J.- Usha Rani Sil met her death following assault by her husband, appellant Jatin Chandra Sit. The Sessions Judge, Patuakhali found the appellant guilty under section 304 Part I and section 201 of the Penal ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. .......3.90 passed by the High Court Division in FA Nos. 31 and 32 of 1989 dismissing the appeals and thereby affirming the decree dated 5.12.88 and order dated 28.1.99 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 350 of 1988 arising out of Arbitration Miscellaneous Case..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......ce of defendant No. 1 is directed against a judgment of reversal of the High Court Division, Rangpur Bench passed in Second Appeal No. 16 of 1974 setting aside the judgment and decree of the District Judge Dinajpur, dated 28.7.1973 and restoring those of the Munsif, Dinajpur passed in OC Suit No. 16..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......rent and (ii) that he sub-set the suit premises to respondent No. 2 Sunil Kumar without the knowledge and consent of the appellant. The suit, SCC. Suit No. 1 of 1983, was decreed by the learned SCC Judge and Subordinate Judge, Rajshahi by his judgment and order dated 19.8.85 on the finding that A..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......p; Mustafa Kamal J.-his appeal, by leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... by the High Court Division, Comilla Bench in Criminal Appeal No. 25 of 1983, setting aside the judgment of conviction and sentence passed in Sessions Case No. 23 of 1979 by the Additional Sessions Judge, second Court, Comilla. The death Reference No. 1 of 1983 was also rejected by the High Cour..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... Judgment: MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to ..Category: Property Law | Date: | Hits: 25
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