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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.......ate, 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 Division, Dhaka Bench in Civil Revision Case No. 720 of...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......ple of section 53A of the Transfer of Property Act the defendant is protected. 6. Dr. Kamal Hossain, learned Counsel appearing for the defendant-appellant submitted that the High Court Division erroneously overlooked that the title of the defendant related back to 30.12.72 the date of execution o..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 ......ssistant Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record. - For Respondent Nos. 1 and 2. Ex parte - Respondent No.3. Criminal Appeal No. 17 of 1986. (From the judgment and order dated 30.6.1985 and 15.7.1985 passed by the High Court Division Jessore Bench, in Criminal Rev...... 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 ...... the informant stated how the accused forcibly occupied the piece of land belonging to a primary school and erected a three-room building. Further the accused forcibly seized cash of Tk. 2,000/- from one Mokbul Hossain and a bag of rice and a boat. The accused forcibly cut away mango tree from one E..Category: Criminal Law | Date: | Hits: 46
.... 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.
......e Respondent Nos. 1-3.
Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Abu Backkar, Advocate-on- Record.- For 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. 11......87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......s in sealed cover to reach him by 12.00 hours of 18 December 1986. It was further stated in the letter that in case the cash offer "becomes higher than the earlier credit offer" the required earnest money at the rate of 2.50% for the 'excess amount' shall also have to be submitted along with the cas..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government could be modified and recalled for which no exception could be taken……â€......ssed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......uisition of Property Act, 1948 (XIII of 1948) Section 4A (2) read with Rule 10 (2) The Requisition of Property Rules, 1948. Save and except a view was taken that 44 decimals was de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefo..Category: Property Law | Date: | Hits: 49
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 ......r, Advocate-on-Record-For the Appellants. Mahmudul Islam, Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 97 of 1985. (From the Judgment and order dated 7.7.85 passed by the High Court Division, Camilla Bench, in Civil Revision No. 12 of 198......rent grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......governed by the Labour law. Therefore, the finding of the High Court Division that the respondent was an employee of the Corporation or that he was governed by "B.T.M.C. Service Rules" is palpably erroneous……….(10) (iii) in view of the findings that the respondent is a worker and that he is..Category: Labour and Industrial Law | Date: | Hits: 122
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. ......on case. The broad facts of the case should have put the learned judges of the High Court Division on guard against accepting evidence of PW 4 Mobarak and others. The evidence on does not justify the order of conviction under section 302/109 and 148 Penal Code…………(15 & 16) Lawyers In......cquitted 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. ......ity and artificiality, of the whole prosecution case. It seems that the beginning of the prosecution story was like a high drama which, however, ended in a melodrama-Sohrab and his companions having gone back home peacefully from the clutches of their tormentors and then coming back to the witness b..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 ......ome technical objection. 9. In the result, the appeals are allowed, judgments and 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 ......s to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......as thus terminated on the expiry of December, 1972. As the defendant did not vacate the premises in question, suit for eviction was instituted. Defendant No. 2 who is respondent No.1 in this appeal alone contested the suit by filing a written statement. Her case was that she purchased the bharatia r..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. ......ents 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.) Judgment ......rder as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......ppellants filed Title Suit No. 31 of 1977 in the 5th Court of Subordinate Judge, Dhaka for specific performance of contract stating, inter alia, that there was an agreement between S.M. Ismail on the one hand and Hemnalini Basu (the predecessor of respondents 1 and 2) on the other hand. The Bainapat..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 .....................Respondents Judgement April 8, 1987. Â The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as provided in ......The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......erties without issuing any show cause notice upon the defendent-appellants. 2. Respondent No. 1 instituted a suit for partition on 30th March, 1986. On the following day he filed two applications, one for appointment of a receiver, and another for appointment of a Commissioner for making an inven..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......pondent No. 1. B. Hossain, Advocate-on-Record - For Respondent No.2. Abdul Wadud Bhuiyan, Additional Attorney General. -Amicus curiae. Civil appeal No. 3 of 1987. (From the Judgement and order dated 28.9.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 141 of 1986.......costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......enying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 A bill for payment of money is certainly a pecuniary interest of the claimant. Had the bill been scrutinized payment was ye..Category: Election Law | Date: | Hits: 132
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. ....... Rafiqur Rahman, Senior Advocate, Instructed by Serajur Rahman, Advocate-on- Record- For the Respondents Nos. 1, 2, and 4. Criminal Appeal No. 56 of 1985. (From the judgment and order dated 29 August 1983 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No. ......0 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. ......tal. If death of the injured is blamed on the surgeon performing the operation the persons responsible for the fatal injuries will easily escape punishment……(5 & 6) If the criminal act is done with the intention of causing death then it is murder clear and simple. In all other cases, of c..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......Advocate -on-Record-For the Appellant S. R. Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Civil Appeal No. 68 of 1986. (From the Judgment and order dated 4.5.86 passed by the High Court Division, Sylhet, in Civil Revision No. 116 of 1982.) ....... There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1...... suit shop for realisation of rent and suddenly he got a notice from the plaintiff on 1.2.77 for which he was asked to quit the premises. The defendant tendered the rent but it was refused; even money order was not accepted by the plaintiff and thereafter he started depositing rent in Rent Depos..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......nstructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revision......cordingly, dismissed without any order as to cost. Ed. ......ugust 1986 passed by the High Court Division (Circuit Bench, Chittagong) in revision upholding the decision of the Election Tribunal), confirmed in appeal, declaring the election of the petitioner void and further declaring respondent No. 1 as Chairman of the said Union Parishad. ..Category: Election Law | Date: | Hits: 110
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. ......llant No. 1 filed Miscellaneous Case No. 701 of 1975-76 before the C.O. Revenue for the separation of her plot No. 404 under section 117 of the State Acquisition and Tenancy Act. On 22nd July 1976 order for separation was passed. Further, respondent No. 1 who is the pre-emptor had the knowledge ......er, be no order as to costs. Ed. ......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. ..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. ......Advocate with him) Sayed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos. 10 & 11. Ex Parte—the Respondent Nos. 2—9. Civil Appeal No. 113 of 1983. (From the judgment and order dated 15th March, 1983 passed by the High Court Division, Comilla Bench, in Civil Revision No.......as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ....... 113 of 1983. (From the judgment and order dated 15th March, 1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 26 (C) of 1982.) Judgment Fazle Munim CJ.-I have gone through the judgments proposed to be delivered by my learned brothers Badrul Haider Chowdhury an..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. ......aina-patra in the applications for lease (Ext. C and C(1)) nor about the lease fn the plaint; that the Refugee Registration Cards Ext. D series indicated that defendants crossed the East Pakistan border on 21st October, 1971 and that the plaintiff failed to point out that the defendants res......to cost. The application for substitution is rejected. Ed. ...... 1 and his brother .07 acre in the western side of the suit plot was acquired by Madaripur Municipality. Mani Mohan Sil died about 8/9 years back leaving behind three sons, defendant Nos. 2-4, and one widow, defendant No. 5. Defendant No. 6 was the mother of defendant No.1 Defendant Nos. 1 and 6..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. ......d. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Abdul Malek, Senior Advocate—Amiens Curiae. Civil Appeal No. 37 of 1984. (From the judgment and order dated 26.7.83 passed by the High Court Division, Dhaka, in Civil Order No. 234 of 1983.) ......age where it was left. There will be no order as to costs. Ed. ......und that the solenama was not genuine and accordingly rejected it with a direction that the original suit be proceeded with. The learned Munsif found that in the so-called solenama nothing was mentioned about any consideration but in the evidence the defendants took the stand that they paid Tk. 5..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: ......parte-For the Respondent Nos. 4—5. A.W. Bhuiyan, Additional Attorney General with B Hossain, Assistant Attorney General-Amicus Curiae. Civil Appeal No. 1 of 1986. (From the judgment and order dated 28-3-85 passed by the High Court Division, Dhaka, in F.A.T. No. 86 of 1985.) Judgmen...... fees which may be determined under the schedule. Ed. This Case is also Reported in: ...... Civil Appeal No. 1 of 1986. (From the judgment and order dated 28-3-85 passed by the High Court Division, Dhaka, in F.A.T. No. 86 of 1985.) Judgment Badrul Haider Chowdhury J. —I have gone through the judgments written by my learned brothers Shahabuddin Ahmed and ATM Afzal, JJ; I have..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. ...... Lawyers Involved: B. Hossain, Advocate on Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No 60 of 1985. (From the judgment and order dated 9th October, 1983 passed by the High Court Division, Rangpur Bench, in Civil Revis......rt Division for hearing in accordance with law. No costs Ed. ......ider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Pabna……………………………&..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. ......Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Civil Appeal Nos. 57 and 58 of 1986. (From the judgment and order dated 7-8-86 & 3-9-86 passed by the High Court Division, Dhaka, in Company Matter No. 27......s are dismissed without however any order as to costs. Ed. ...... 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-payment of debt was filed by the respondent-petitioner, a businessman, on 29 July 1986 and it was admitted for hearing by the learned Company Judge b..Category: Business or Commercial Law | Date: | Hits: 76
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