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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. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J Jamal and others .......................Appellants Vs. The State .................................Respondent Judgement July 5, 1987. Result: The appeal is allowed. The Penal Code, 1860 (XLV of 18..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 ......ent Nos. 1-7 (In both the appeals). Dead. Substitution exempted vide Order dated 2.1.86 - For Respondent Nos. 8 and 9 (In both the appeals.) Civil Appeal NOS. 92 & 93 of 1984. (From the Judgement and Order dated 12.2.84 passed by the High Court Division, Comilla in Civil Revision Nos. ..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. ......or the Respondents 1 & 3. A.Y.Salehuzzaman, Deputy Attorney-General instructed by B. Hossain, Advocate-on- Record -For the Respondents 2 & 4. Civil Appeal No. 117 of 1983. (From the Judgement and order dated 23-5-83 passed by the High Court Division, Dhaka in F.A. No. 44 of 1981.) ..Category: Property Law | Date: | Hits: 47
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. ...... victim after the impugned injuries were sustained in the occurrence. In view of the clear opinion of the doctor that death resulted from the injuries and not from the surgical operations the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. Sur..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......ed to protection against eviction under section 18 of the Premises Rent Control Ordinance. 3. Facts are as follows: - Plaintiff-respondent brought S.C.C. Suit No. 23 of 1977 before the Subordinate Judge, 2nd Court, and S.C.C. Judge, Sylhet for eviction of the defendant appellant on the ground of ..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....ported 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 process of re-counting. Th......not illegal and irregular, since the counting of the votes by the presiding officers were challenged and allegations made in the plaint". (Election Tribunal) 10. The District Judge in appeal found: "Thus from the statements in the petition before the Tri..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. ...... 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) in Second Appeal setting aside the judgment and de..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. ......arred by limitation and that respondent No. 1 is a co-sharer in the disputed holding. Appellants who are the preemptee filed Miscellaneous Appeal No. 7 of 1984. The Additional District Judge who heard the appeal allowed it holding that the impugned kabala is a deed of sale and not a..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 dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......e burnt papers were not readable the appellate court observed that the plaintiff ought to have called for the record from the Registrar's Office but he took no step in that regard. The learned Single Judge of the High Court Division, after examining the burnt document and after finding that almost a..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. ......interest of defendant Nos. 1 and 6 was declared as an enemy property but the custodian of the enemy property was not impleaded in this case. 6. In second appeal the learned Single Judge of the High Court Division restored the judgment and decree of the trial Court and set aside ..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. ......minor one. " In this view of the matter, the appeal was allowed and the solenama was treated as part of the decree. 6. In Civil Revision the matter came before the learned Single Judge and the learned Judge considered that the appellate court below arrived at a finding as to th..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: ...... in the Schedule, is very much in force and has not been affected by the substitution of the schedule. 2. Respondent No.1 filed a Money Suit (M.S. No. 186 of 1978) in the 3rd Court of Subordinate Judge, Dhaka, against the appeÂllant and others claiming a little over Tk. 35,00,000/- as damage du..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. ......nment, filed a revisional application on 10th August, 1983 before the High Court Division. Finding the application filed 21 days beyond the period of limitation"—the learned Single Judge of the High Court Division asked the Deputy Attorney General of the Government of Bangladesh ..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. ....... - These two appeals have been preferred by a private limited company against whom a proceeding for winding up, being Company Matter No. 27 of 1986 is pending before the learned Company Judge of the High Court Division. 2. An application for winding-up on the ground of non-pay..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. ......he High Court Division at Jessore, dated 11 February,1986,confirming the appellants' conviction and sentence of death under section 303/34 of the Penal Code, passed by the Additional Sessions Judge, 3rd Court, Khulna, on 23 May, 1983. 2. The prosecution case relates to the murder of..Category: Criminal Law | Date: | Hits: 62
....
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.
......on of the mortgaged property. Umesh Chandra
Chowdhury died leaving respondent Nos. 2-6 as his heirs.
2. Appellant instituted Mortgage
Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against
respondent Nos. 2-5 for sale of the mortgage property for realisation of
..
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. ......is sought to be supported I am giving my own reasons against their outright acquittal. 2. The six respondents were convicted for murder and sentenced to death by the Additional Sessions Judge for burying alive three persons, allegedly thieves and bad characters of the locality, but o..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. ......5 passed by the High Court Division, Dhaka in Civil ReÂvision 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 ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......•à¦¿ হিয়াছে বলিতে পারিনা।’ 10. Considering the evidence and circumsÂtances of the case both the accused were conÂvicted and sentenced. On appeal the learned Judges of the High Court Division considered: (a) that their absconsion on the face of the FIR..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ...... Shahabuddin Ahmed J.-That appeal by special leave calls in question an order of a learned Single Judge of the High Court Division dated 26 June 1986 refuting temporary injunction to restrain ..Category: Intellectual Property Law | Date: | Hits: 239
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