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Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....ictitious arbitration proceeding starting from 4.7.88 after the receipt of the respondent's legal notice dated 12.6.88. 17. We refrain from deciding whether the Arbitrator proceeded afresh with an arbitration on and from 4.7.89 suo motu or on receipt of the respondent's legal notic......the High Court Division in Civil Revision Case No. 328 of 1989 reversing the order dated 2.3.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 378 of 1988 rejecting the application filed by the defendant-appellant under Order VII, rule 11 (d) of the Code of Civil Pro..Category: Others | Date: | Hits: 88
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. ...... order dated 19.8.85 on the finding that Ansar Ali was not a defaulter in the payment of rent and that the allegation of sub‑letting has been proved. 3. Ansar Ali filed the revisional application, Civil Revision No. 402 of 1985, under section 25 of the Small Cause Courts Act. A lear..Category: Property Law | Date: | Hits: 30
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. ......it instituted by mortgagee Naba Dhupi against Mali Miah, the trial Court found that the said suit was initially instituted against all the four brothers. But the mortgagee Naba Dhupi later on by an application Ext. 7 expunged the names of the other three brothers of Mali Miah from the plaint. Th..Category: Property Law | Date: | Hits: 28
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. ......itted 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 Procedure before the High Court Division, Dh..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. ......witness Sekandar Ali identified suspects Khasru and Noab. In cross-examination he admitted that Shahajahan identified one Suspect wrongly. He denied the defence suggestion that he was served with any application dated 6.6.79 filed by accused and signed by a Magistrate. According to the magistrate, t..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. ......ong against the respondents. Respondent No. 1, Central Inland Water Transport Corporation Limited, defendant No. 2 in the suit, entered appearance on 28th November, 1980 and filed as many as eight applications for time for filing written statement. The last application for time, filed on 8th Apr..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... not against the appellant Samirun Nessa. Samirun Nessa was added as defendant No. 8 only on 7.5.88. The ad‑interim order of status quo having expired in the meantime, the respondent filed a fresh application for passing an order of status quoin respect of the suit land and the learned Sub......records were sent to the court of another Metropolitan Magistrate on 4-10-87 and the learned Magistrate fixed 18-10-87 for steps. On 5-10-87, an off-date, the first party-appellant filed a special application for drawing up proceeding under section 145 of the Code. The learned Magistrate drew up..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... Mustafa Kamal J.- Division Bench of the High Court Division, Dhaka by the impugned judgment summarily rejected the accused-petitioner's application under section 561A Cr.P.C. for quashing the proceeding of Criminal Case No. 22(CR) of 1..Category: Criminal Law | Date: | Hits: 34
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. ......sed defendant No. 1 and ex parte against proforma‑defendant Nos. 2 and 3, against whom the appellant did not pray for any relief. 2. On 6th April, 1982 defendant Nos. 2 and 3 filed two applications for setting aside the ex partee decrees under Article 3 of the Bangladesh (Legal Proce..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......onstituted Attorney of the appellants for a hearing on the matter by the ADC (LA) on 17.5.84. A hearing took place on that day and the appellants' advocate produced all the papers and also filed an application (Annexure-L) on the same date. 7. The appellants, however, to their surprise re..Category: Property Law | Date: | Hits: 36
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. ...... 5. The trial Court negatived the claim of defendant Nos. 2-15 to the suit land upon discussion of evidence on record but dismissed the suit on the ground that the plaintiffs admitted in their application dated 1. 12.1955 to the District Manager, Acquired Estate that the pattani had been sol..Category: Property Law | Date: | Hits: 28
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: ......or an adjournment of the case. The prayer for adjournment was refused on the ground that the miscellaneous case was already dismissed for default. 7 days were after the defendant- petitioner filed an application under section 151 CPC for vacating the order dismissing the miscellaneous case for defau..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. ...... the RS Record at any stage. 10. The impugned judgment of the High Court. Division is seen to be merely a paraphrasing of the findings of the court of appeal below without any real positive application of mind to the legal aspects of the matter which arise for consideration. It will be s..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. ...... as the plaintiffs did not get any order of injunction from either of the Courts below and had been without any such order of injunction since the filing of the suit in August 1987 and further the application for revision was moved after more than 3 months of the refusal of the prayer of injunct..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. ......osecution gave explanation that those witnesses were gained over, but none of the prosecution witnesses who were examined deposed to that effect. The manner of tendering witnesses by simply filing an application and making a general statement that the Witnesses have been gained over, without adducin..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
.... found to be grave. P.W.13, the doctor who examined him at about 9 p.m. (Exts.2 and 3 were allegedly recorded at the same time, 9 p.m.) staled that all the injuries (15) were profusely bleeding and fresh. Condition of the injured was very grave and O.C Islampur P.S. was duly informed. It. is diffi......orrect but to be full it may be started in this manner that it may well be that a different view of the evidence could have been taken but that is not enough to justify interference in revision on an application by a private party to set aside an order of acquittal. As to the first proposition we sa..Category: Criminal Law | Date: | Hits: 53
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......peal No. 3 of 1988. Judgment A.T.M. Afzal J. - This appeal by leave is from order dated 28 March, 1988 passed by the High 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 pendin..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....it an order of remand is called for. 6. The appeal is, accordingly, allowed and the case remanded to 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) 2......Penal Code. They were, however, found guilty under section 147 Penal Code and sentenced to rigorous imprisonment for 2(two) years and a fine of Tk. 1000/- each by judgment and order dated 23.8.86. On application filed by the appellants on the same day, the Sessions Judge granted them interim bail pe..Category: Criminal Law | Date: | Hits: 97
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......986. Civil Appeal No. 75 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90 The merit of the case could not be considered before deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit wh..Category: Property Law | Date: | Hits: 24
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....petition, petitioner, a contesting candidate for election to office of Chairman of Panchashar Union Pari-3, Munshiganj, is challenging an order of the Election Commission dated 1 April 1988 directing fresh poll in Benodepur High School Centre. He had filed Writ Petition No. 284 of 1988 challenging t......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
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