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Moulana Mokhter Ah­med Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..

Category: Election Law | Date: | Hits: 106

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

.... to administer its affairs or meet its financial obligations, or (c) generally acts in manner contrary to public interest." Then the Government can supersede the Paurashava whereupon the Chairman and Commissioner shall cease to hold their office. In this case the Government acted under clause (b), n....... Hossain, Advocate-on-Record—For the Appellant. S. R. Pal. Senior Advocate (Zakir Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 24 of 1987. (From the judgment and order dated 9th July, 1987 passed by the High Court..

Category: Election Law | Date: | Hits: 118

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....ut sider does not force his way into a dwelling house in which other members of the transferor's family have a right to live. Once the partition decree is made in preliminary form the rest is for the Commissioner, but the Court at that stage is not concerned as to what direction should be given to t......150. ..

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 ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......n­structed by Syed Sakhawat Ali, Advocatc-on-Record - For the Appellants. B. Hossain, Assistant Attorney-General, in­structed by M. Nowab Ali, Advocate-on-Record -For the Respondent. Criminal Appeal No. 2 of 1986. (From the judgment and order dated 14th February 1985, passed by the High C..

Category: Criminal Law | Date: | Hits: 80

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ...... Ali, Advocate- on- Record- For the Appellants. Rafiqur Rahman, Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 14th August, 1982 passed by the High Co..

Category: Civil Law | Date: | Hits: 113

Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)

.... point. P.W. 8 Jagadish Chandra Biswas, Dafadar, slated in his evi­dence that Dipak (appellant) pointed out the dead body and himself brought it out from the latrine well. P.W. 11 Md. Golam Mostafa, Commissioner, Narail Pourashava, (witness named in the FIR) also slated that Dipak admitted in his p......ers Involved: Mahbubey Alam, Advocate Supreme Court, in­structed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. B. Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 15 of 1987. (From the Judgment, and order dated 5.7.87 passed by the High Court Divisi..

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 ......by Sahrifuddin Chaklader, Advocate-on-Record - For Respondent No. 1. Ex-Parte - Respondent Nos. 2-7 & 9. Respondent No. 8 - Being dead his heir Re­spondent No. 9 is already on record. Civil Appeal No. 40 of 1984. (From the judgment and decree dated 20.6.1983 passed by the High Court Di..

Category: Property Law | Date: | Hits: 32

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his permanent address was given at Dhaka. His passport was renewed in 1963 by the Pakistan High Commissioner in London. 6. In 1962 he was allotted a piece of land by the D.I.T. and he construct...... Hossain, Advocate-on-Record- For the Appellant. Rafique-ul-Huq, Senior Advocate (Md. Fazlul Huq, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 17 of 1987. (From the judgment and order dated 31.3.1987 passed by the High Court Divi..

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 ......uddin Sircer, Advocate, instructed by Sharifuddin Chaklader, Advocate-on- Record. - For the Respondent Nos. 1(ka), 10 & 12. Miah Abdul Gafur, Advocate-on- Record. - For Respondent No. 20. Civil Appeal No. 100 of 1985. Judgment: M.H. Rahman J. - This appeal by special leave, at the insta..

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 dis­missed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ...... (S.C. Das, Advocate with him) instructed by Md. Altaf Hossain, Advo­cate-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. ..

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 evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......& 6) Lawyers Involved: B. Hossain, Advocate-on-Record. - For the Appellant. Mainul Husain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.— For the Re­spondents. Criminal Appeal No. 10 of 1985. (From the judgment and order dated 10.1.84 passed by the High Court Divisi..

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 respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......(a)-(chha) Dead Substitution exempted vides order dated: 18.11.86. - For Respondents Nos. 35 (chha) 36 and 49. Ex parte—For Respondents Nos. 2-35(ch) 35(ja) ,35(Ta), 37-48 and 50-64. Civil Appeal No. 66 of 1985. (From the judgment and order dated 27.3.84 passed by the High Court Divisi..

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 ......yers Involved: A.W. Bhuiyan, Additional Attorney General, in­structed by B.Hossain, Advocate-on-Record.-For the Appellant. Md. Aftab Hossain, Advocate-on-Record- For the Respondent Criminal Appeal No. 35 of 1985. From the judgment and order dated 19.3.85 passed by the High Court Divisio..

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 ......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 ..

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 ......or the Appellant. Ranadhir Sen, Senior Advocate, instructed by M.H.Rahman, Advocate-on-Record.- For the Respondent. C.A. 191 of 1984. Judgment: Munim CJ .- This appeal arises from First Appeal No.79 of 1980 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Hu..

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 ......han, Advocate-on-Record (absent)- For the Appellants (In both appeals) S. R. Pal, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record.-For the Respondent (In both appeals) Civil Appeal Nos. 107 & 108 of 1984 (From the judgment and order dated 19 & 20 of 1984 passed by the H..

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. ......ructed by Syed Sakhawat Ali, Advocate-on-Rccord.- For the appellant B. Hossain, Assistant Attorney- General, instructed by M. R. Khan, Advocate-on-Rccord. (absent)- For the Respondent. Criminal Appeal No. 12 of 1985. (From the judgment and order dated 14.6.84 passed by the High Court Divis..

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. ......thers........................................Respondents Judgment February 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B...

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.......yers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record- For the Appellant. Md. Nurul Huq, Advocate-on-Record- For the Respondents. Civil Appeal No. 5 of 1986. (From the judgment and order dated 16.9.85 passed by the High Court Divisi..

Category: Property Law | Date: | Hits: 118

Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)

....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......considered by the trial Court……………………….(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 DLR (AD) 18, Abdus Salam Master 36 DLR (AD) 58, Moslem Sharif vs. State, Criminal Appeal No. 2 of 1985. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Sen..

Category: Criminal Law | Date: | Hits: 46