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....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
...... may be, when, for reasons to be recorded in writing, such officer, authority, Magistrate deems it necessary for the security of the public peace to cancel or suspend such liÂcense; or
(b) by any Judge or Magistrate before whom the holder of such license is convicted of an offence against this A..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....t at all supported and established by the papers on record." 16. It appears from the order sheet that the counting was done on all the days in the presence of the parties, their lawyers and the Presiding Officers and both sides enthusiastically took part in the proÂcess of re-counting. They w......ppellant. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him) instructed by Sharifuddin Chaklader-Advocate-on-Record--For the Respondent. Ex-parte- Respondent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairm..Category: Election Law | Date: | Hits: 106
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......s partition as was claimed by the defendants. The trial court deÂcreed the suit and that was affirmed by the appellate court below. In revision at the instance of the defenÂdants the learned Single Judge of the High Court DiÂvision made the rule absolute and remanded the suit to the trial court w..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......e such occasion he was murÂdered by his own men, namely P.Ws. 1 and 7 who wanted to get hold of Nanda's illegal wealth. All these suggestions were denied by the witnesses. 5. The learned Sessions Judge, Jessore, by his judgment and order dated 29 March 1984 convicted and sentenced the four appel..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......agistrate on 20.2.85. On the day the appellant prayed for retracting his confessor made earlier. 6. Eventually the appellant was put on trial on the aforesaid charge before the Additional Sessions Judge, Jessore in Session Case No. 10/85. 7. 12 P.Ws. were examined and, amongst othÂer, the jud..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......ession of the suit land and his remedy is to bring a suit for parÂtition. In that view of the matter the trial Court disÂmissed the suit as being not maintainable. On appeal the learned Subordinate Judge took a contrary view and decreed the suit. In a Second Appeal the High Court Division consider..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury 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: 40 DLR (AD) (1988) 116. ......pondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned property. The learned Judges themselves have found that a non-national possessed property in this country and that has not..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......ion as to plot No. 215. It upheld the observation of the court of appeal beÂlow with regard to the defendants' contentions as to the plaintiffs’ alleged admission in the previous suit. The learned Judge of the High Court Division relied on Omar Ali V. Abdul Ali 8 DLR 311 and also reÂferred to pa..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ...... by Md. Altaf Hossain, AdvoÂcate-on-Record. - For the Respondent. S. A. No. 132 of 1983. Judgment: Fazle Munim CJ. - This appeal arises from Second Appeal No.344 of 1979 passed by a Single Judge of the High Court Division Comilla on 11.1.83. 2. Plaintiff- respondent instituted Other Su..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not being reliable and also considering other facts and circumstances the learned Judges of the High Court Division having acquired the accused it cannot be said that their finding i..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......st of justice as prayed for by the appellants. 2. Md. Hamed Ali, predecessor-in interest of reÂspondent Nos. 1(ka) to 1(chha) filed partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was th..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......ent and four others charging them with murder of the Informant's brother. The Sub-Divisional MagisÂtrate, Barisal, then forwarded the case to the Court of Session and it was received by the Sessions Judge on 3 November 1983. The case was eventually transferred to the file of the Additional Sessions..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ...... Vs. The State ..............................................Respondent Judgment April 10, 1986. The Code of Criminal Procedure, 1898 (V of 1898), Section 339C. The District and Session Judge not being the presiding judge of the court (reasons being not explained) for 53 days and the c..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......ng (Mr. Justice Fazle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for recovery of khas possession of the suit premises after rejecting the defendant..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......, in F. A. Nos. 73 and 143 of 1982.) Judgment: Badrul Haider Chowdhury J.-Those two appeals arise out of Title Suit No.33 of 1979 and Title Suit No. 320 of 1980 in the 3rd Court of Subordinate Judge, Dhaka. These will be disposed of by this judgment since these two suits were tried analogousl..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......bsent)- For the Respondent. Criminal Appeal No. 12 of 1985. (From the judgment and order dated 14.6.84 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No. 410 of 1983.) Judgement ATM Afzal J.- Appellant Md. Abdul Majid Sarkar has been convicted for murder under sec..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......dents Nos. 8 to 23. Civil Appeal No. 125 of 1983. (From the judgment and decree dated 6th, May 1982 passed by the High Court Division, Dhaka in Appeal from Appellate Decree No. 41 of 1975). Judgement MH Rahman J. - This appeal is at the instance of defendant No.2. 2. The plaintiff cl..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149....... is directed against the judgment and order of the High Court Division in Civil Revision No. 720 of 1984 reversing the concurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of h..Category: Property Law | Date: | Hits: 118
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......Respondent No. 4.
Civil Appeal No. 20 of 1987.
(From the judgment and order dated 1-7-87 passed by the High Court Division, Chittagong Sessions, in Civil Revision Nos. 117 and 139 of 1987.)
Judgement
Shahabuddin Ahmed J. - This appeal by the plaintiff is directed against the High Court..
Category: Business or Commercial Law | Date: | Hits: 95
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respondent Judgement Aug. 3 1987. The Employment of Labour (Standing Orders) Act, 1965 (VIII of 1965), Se..Category: Labour and Industrial Law | Date: | Hits: 122
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