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Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......committed in furtherance of the common object of all the accused and all of them in fact participated in the occurrence in different manner with such common intention, the learned Additional Sessions Judge rightly found the appellants guilty by application of section 149 of the Penal Code. The Appea..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ellant’s attempt to establish their right of franchise of a market in the Civil Court must be adjudged as an exercise in futility………….(62) Cases Referred to- R.V. Halifa County Court Judge [1891] 2 Q.B. 263; Bow v. Hart [1904] 2 K. B. 697; A.G. v. British Museum [1903] 2Ch. 612; Str..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ment and order passed by the High Court Division, Comilla Bench, in Civil Revision Case No 93 of 1981. 2. Plaintiff is the appellant. He filed S.C.C. Suit No. 4 of 1978 in the Court of Subordinate Judge, Second Court and S.C C Judge, Subject, against the respondent for their eviction from the sui..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....nduct that the aforeÂsaid application tendering apology was filed. In view of the circumstance as mentioned above, we find ourselves unable to condone his action which is not only humiliating to the Presiding Officer of Court, however small in may be, it also amounts to clear defiance of the majest......ters not to work in the Court of respondent No 2. 4. Also, the appellant interfered with the leave and annual vacation of respondent No. 2 Respondent No. 2 wrote a letter to District and Sessions Judge, Rangpur regarding these matters. This led to all kinds of pressure upon him by the appellant...Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....the Local Government (Union Parishad) Ordinance does not mean persona designate that is, his private or personal capacity but clearly indicates his office, that is, District Court of which he is the Presiding Judge. Court of District Judge is subject to both appellate and revisional jurisdiction ......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ………â..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......he Wakf Administrator for being appointed as Mutwalli. The Wakf AdminisÂtrator appointed plaintiff as Mutwalli by his order dated 5.12.67 and the defendant preferÂred an appeal before the District Judge, Rajshahi but the appeal was dismissed on contest. Thereafter the defendant moved the High Co..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......ecord —For the Appellants. B. N. Chowdhury Advocate, instructed by Md. Shamsul Haque Siddique, Advocate-on-Record —For the Respondent Nos. 1-3. Civil Appeal No. of 155 of 1983. From the Judgement and decree dated 15. 3. 83 passed by the High Court Division, Comilla Bench, in SA No. 394..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115........Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (X of 1897) Section 27 The learned Judges of the High Court Division committed no illegality in equating issue of notice with service o..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......dgment and Order dated 29.5.85 passed by the High Court Division, Dhaka, in F.M.A No. 184 of 1984.) Judgment: Fazle Munim CJ.-This appeal arises from F.M A. No. 184 of 1984 decided by a Single Judge of the High Court Division, DhÂaka (Mr. Justice Sultan Hussein Khan) on 29th May, 1985. 2...Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97...... Court Division, Comilla Bench, in Civil Revision No. 184 of 1983.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the learned Single Judge of the High Court Division rightly interfered with the appellate Court's judgment holding that..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......not a governÂment servant and as such he got no legal right to be enforced by any court. He preferred an-appeal (Title Appeal No. 11 of 1977), but the appeal was dismissed by the learned Subordinate Judge, by his judgment dated 21 January 1980 concurring with the findings of the trial Court that he..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted 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: 38 DLR (AD) (1986) 75. ......ellants are chalÂlenging the High Court Division's judgment, maintaining the order of their conviction and sentence under sections 302/34 and 148 of the Penal Code, passed by the Additional Sessions Judge, Mymensingh, on 30 September 1980 in Sessions Case No. 91 of 1980. They, along with two others..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......ank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, Third Court, Dhaka, till disposal of the former case. Judgement of the High Court Division re..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ...... taxes under section 18A of the Income Tax Act. In this backÂground, the Revenue filed this application unÂder section 66(1) of the Act and framed the question as mentioned above. 4. The learned Judges of the High Court Division took the view that a fresh notice was necessary and grounded such ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......s not an offence within the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both the appeals are dismissed. …………(6 & 7) Lawyers Invol..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... 22.7.84 passed by the High Court Division, Dhaka in CrimiÂnal Revision No. 91 of 1984.) Judgment Fazle Munim CJ. - This appeal arises from Criminal Revision No. 91 of 1984 decided by a Single Judge of the High Court DiÂvision, Dhaka Bench (Mr. Justice Abdul Bari Sarker) on 22nd July 1984. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... 10. Plaintiff-appellant, after serving notice upon respondent No.1, for restoration of the petrol pump and payment of compensation, filed Other Suit No. 125 of 1977 in the Court of 3rd Subordinate Judge, Chittagong on 5th November 1977. 11. Suit was valued at Tk. 1,83,330/- the details of comp..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......t recorded the conviction. On appeal it was dismissed by the Appellate Court below. Thereafter the accused petitioners moved the Sessions JuÂdge under section 439A Cr.P.C. and the learÂned Sessions Judge dismissed the revision case, whereupon the accused filed an application under section 561A Cr...Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......as well. 4. The trial court convicted and sentenced the accused as aforesaid; thereafter two crimiÂnal appeals were filed being Criminal Appeal No. 205 of 1980 and 236 of 1980. The learned Single Judge recorded in the judgment that the learned Advocates "find it difficult to argue the appeals on..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up or..Category: Company Law | Date: | Hits: 195
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