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Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......resaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......rcumstances. One boy was convicted in a trial by Jury and his appeal was summarily dismissed by the High Court. In acquitting the accused the learned Chief Justice deprecated the view of the Sessions Judge when in his address to the Jury he said that if the evidence of PWs 1-3 (proving taking away a..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ............ Defendant-Respondents Judgment March 24 1991. Cases Referred to- Mian Kamal Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs. District Judge and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 = PLD 1969 SC 167; Chowdhury S..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......respondent resides. This plot is butted and bounded on all sides by pucca boundary walls. The second party‑respondent has filed Title Suit No. 502 of 1987 in the 2nd Court of Subordinate Judge, Dhaka for permanent injunction restraining the defendants permanently from interfering with ..Category: Criminal Law | Date: | Hits: 54
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......p; Latifur Rahman J.- In this appeal, the accused-appellants have challenged the order of refusal to grant bail in Criminal Appeal No. 173 of 1990 by the learned Single Judge of the High Court Division while admitting the appeal arising out of an order of conviction a..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......s were allowed, the decrees were set aside and the suits were restored to their files and numbers for re-hearing. The appellant moved unsuccessfully two revisional applications before the District Judge and thereafter before the High Court Division. 3. Leave was granted to consider wheth..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......tnidar filed a suit for abatement of rent. The Courts below granted the abatement of rent and the Calcutta High Court dismissing the appeal of the Zamindar observed: "The learned Judges in the lower Courts have proceeded under the provisions of section 52 of the Bengal Tenancy..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......filed this leave petition challenging the order of acquittal passed by the High Court Division, Dhaka, in Criminal Revision No. 1126 of 1990 affirming the judgment of acquittal passed by the Sessions Judge, sections 302/201/34 of the Penal Code. 2. In the present case, the First Information Repor..Category: Criminal Law | Date: | Hits: 39
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......sion, Comilla Session Comilla, in Civil Revision No 161 of 1986.) Judgment Mustafa Kamal J.- This leave to appeal by the defendant petitioner is from the Revisional judgment of a learned single Judge of the High Court Division, Dhaka making the Rule absolute and setting aside an order of the t..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......p; ATM Afzal J.- This is a defendant’s appeal by leave and directed against judgment and order dated 6 February, 1986 passed by a Single Judge of the High Court Division, Chittagong Bench, in revision upholding the concurrent decision o..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ...... ATM Afzal J.- This appeal by leave arises out of a temporary interim order passed by a Single Judge of the High Court Division in revision which has already run out its time. 2. Plaintif..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......an adverse inference against the accused under section 105 read with section 106 of the Evidence Act. 7. In his appeal before the High Court Division the respondent took a ground that the Sessions Judge erred in law in finding that the husband was at home on 30.7.81 and also in the night of occur..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......reful consideration of the evidence of eye‑witnesses, it is very difficult to rely upon their evidence in view of the glaring omissions and contradictions in their testimonies in court. The learned Judges of the High Court Division have not considered the material discrepancies, contradictions and..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......oyee of one Jute Mills to another Jute Mills, both being placed under it, under the provisions of Bangladesh Industrial Enterprises (Nationalisation) Order, 1972—P.O. 27 of 1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 19..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......s person, three of which were on the head. After completion of investigation Police submitted charge-sheet and eventually the respondents were put on trial in the First Court of Additional Sessions Judge, Mymensingh to answer charges under section 302/34 and 148 of the Penal Code. 4. Twelve (..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......y Nowab Ali, Advocate-on-Record, — For the Respondent. Criminal Appeal No. 20 of 1986. Judgment: Shahabuddin Ahmed J. - In this appeal by special leave an order of the Additional Sessions Judge, Jessore, dated 5 March, 1983 convicting the four appellants under section 302/34 of the Penal..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......y the appellant that in spite of several extensions of time for investigation the charge-sheet has not yet been submitted. The appellant unsuccessfully moved the Upazila Magistrate and the Sessions Judge, Natore for bail. The High Court Division, Rangpur Bench also refused the prayer for bail on t..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ...... 323, Penal Code. Prosecution examined 12 witnesses and tendered 4. 6. Defence case was one of denial and false implication of the accused out of enmity. 7. The learned Additional Sessions Judge,5thCourt, Mymensingh, by judgment and order dated 15.8.81, acquitted all the accused of the ch..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......h Court Division Dhaka in revision rejecting summarily the appellants' application for simultaneous trial by the same court of two sessions cases being No.4 of 1988 pending in the Court of Sessions Judge, Dhaka and No.5 of 1987 pending in the Court of Sessions Judge, Munshiganj. 2. Appellant No..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......ain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 42 of 1986. Judgment: A. T. M. Afzal J. - This appeal by leave is from order dated 17 September 1986 passed by a Single Judge of the High Court Division, Dhaka summarily rejecting the petition of appeal of the appell..Category: Criminal Law | Date: | Hits: 97
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