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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. ......ifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 (From the Judgment and order dated 11.2. 86 passed by the High Court Division, Circuit Bench, Jessore, in Death Reference...... death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......he names of his three assailants namely, the appellants, from Golam Ali. Ayub Ali chased the retreating assailants towards the west. Within a few minutes Nausher was caught in front of the shop of one Toyeb Ali, half a mile from the place of occurrence, as he was escaping with his lungi and shir..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... 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. ......todian of Enemy Property for Pakistan and one or more Additional Custodians, Deputy Custodians and Assistant Custodians of Enemy Property for such local areas as may be prescribed and may by order:— (a) require the payment to the prescribed Custodian of money which would b......t. No order as to cost. Ed. ......d sale in execution of civil court decree under the provisions of the Enemy Property (Custodian and Registration) Order, 1965 Appellant contested the miscellaneous case on the ground that the petitioner filed the miscellaneous case under section 47 of the Code of Civil Procedure at the instance ..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. ......ord-For the Appellant Abdul Malek, Senior Advocate Sharifuddin Chaklader, Advocate-on-Record.— For the Respondents. Criminal Appeal No. 36 of 1985. (From the judgment and order dated 20 June 1984 passed by the High Court Division, Rangpur Bench, in Death Reference Case....... The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......82 and Criminal Appeal No. 26 of 1982). Judgment: Badrul Haider Chowdhury J. - I have gone through the judgments written by my learned brothers Shahabuddin Ahmed and A.T.M. Afzal JJ. I ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....of the merit list prepared on the results of test examination and interview held in recruitment of the plaintiffs and others of their group (i.e. Group-IV named Jr. Accounts Supervisor) and published vide Letter No. DACCA/ SENIORITY/PIN/84/38 dated 5th January, 1984 is correct, legal and....... - 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 judgment and order dated 11-9-85 passed by a Single Judge of the High Court Division Dhaka (Sultan Hossain Khan, ...... is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......niority of employees respondents claimed that their seniority is governed under Regulation 18 (a) of the aforesaid Regulations which governed the seniority of new entrants which specifically mentioned that "the seniority of a new entrant in a grade shall follow the order of merit irrespective of..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. ......vocate-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 16 of 1985. (From the judgment and order dated 17.11.1983 passed by the High Court Division, Comilla Bench, in Criminal (death) Ref......d 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. ...... 17.11.1983 passed by the High Court Division, Comilla Bench, in Criminal (death) Reference No.1(C) of 1982 and Jail and Filed Appeal No. 40(C) of 1982). Judgment Fazle Munim CJ. - I have gone through the judgments written by Badrul Haider Chowdhury, Shahabuddin Ahmed and M.H. Rahman JJ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... 2. Appellant who claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the respondents challenging the validity of Government orders declaring the aforesaid property as abandoned and refusing to release the same and also its ......, however, be no order as to cost. Ed. ......f holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the respondents challenging the validity of Government orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers to sell the aforesaid pr..Category: Property Law | Date: | Hits: 31
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. ......ants. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 38 of 1986. (From the judgment and order dated 26-6-1986 passed by the High Court Division, Dhaka Bench, in Company Matter No. 21 of ......of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......mpany's business. 4. The application for injunction was resisted by the respondents. They denied that their business under the name “Ciproco Computers” was a new one, but asserted that it had been in existence long before the company was incorporated. The..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......ted by Syed Sakhawat Ali, Advocate-on-Record.—For respondent Nos. 1 and 3. Ex-parte.—Respondent Nos. 2 and 4-6. Civil Appeal No. 91 of 1984. (From the judgment and order dated 14th November, 1983 passed by the High Courts Division, Dhaka in Civil Revision No. 24......appeal is dismissed. No costs. Ed. ......shy;tion for review it clearly barred by Article 160 of the Indian Limitation Act and I can find no ground for extending (even if I had the power to do so) the period prescribed by law. Petitioner may have been ill, though we have only his own statement in proof of that allegation, but..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......Khan, Senior Advocate, M.R. Wahab Mia, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 3. Civil Appeal No. 36 of 1986. (From the judgment and order dated 23.4.1986 passed by the High Court Division, Dhaka Bench in Writ Petition No. 179 of 198...... the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......ed rate over the existing rent and the lease deed was executed on payment of rent for 1389 B.S. on 22.8.81. Suddenly after three weeks, the Director of Fishery cancelled the lease whereupon the petitioner challenged the order by way of writ, namely, Writ Petition No.19 of 1982. The rule was made abs..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......ior Advocate, A. B. M. Khairul Huq Advocate, Supreme Court, with him instructed by Md. Nurul Huq, Advocate on Record—For the Respondent. Civil Appeal No. 6 of 1985. (From the judgment and order dated 21-8-84 passed by the High Court Division, Dhaka, in Civil Revision No.3 of 1984). J......o costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......which was subsequently renumbered as Title Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Defendant No. 2 sold by a registered Sale-deed dated 24 August 1959 (Ext.1) one bigha of land constituting the nor them part of Plot Number 1623 of mouza Shahar Khilgaon to the..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... Aswini got his jama split up In Miscellaneous Case No. 236 of 1963-66. Benode got his jama split up in Miscellaneous Case No. 273 of 1965-66. 4. The trial Court allowed pre-emption and that order was affirmed by the appellate Court. In revision the learned Single Judge of the High Court D......also Reported in: 1987 BLD (AD) 122. ......n Ahmed J MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………………….Petitioners Vs. Sree Nitya Ranjan Karmakar & others…………&hel..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ...... Miah A. Gafur, Advocate-on-Record—For the Respondents No. 3. Ex parte—For Respondent Nos. 1—2 and 4. Civil appeal No 79 of 1984. (From the judgment and order dated 7th January, 1982 passed by the High Court Division in S.A. No. 305 of 1978.) Ju......gly, it is dismissed. No costs. Ed. ......endant No. 1 claimed that he was "the only son of Gour Majhi; that the plaintiff's father Nagar Mondal was the son of Kerali Majhi, a brother of Gour Majhi and he married the daughter of one Hari Charan and lived in his father-in-law's house as a domesticated son-in-law till his d..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Exparte —For Respondent. Civil Appeal No. 15 or 1983. (From the judgment and order dated 11th January 1984 passed by the High Court Division Dhaka Bench, in Application No. 24......d. There will be no order as to costs Ed. ......ate Division (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Commissioner of Taxes, Dhaka (East Zone), Dhaka.................... Appellant Vs M/S. Macneil..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......nch of the High Court Division, Dhaka (Mr. Justice Abdul Matin Khan Chowdhury & Mr. Justice Amin-ur-Rahman Khan) on 22nd August 1984 dismissing the appeal preferred by the appellants against an order of injunction and attachment passed by the District Judge. Dhaka on 27.3.84 in miscella......will, however, be no order as to costs. Ed. ......7 of 1983, in the Court of District Judge, Dhaka against the appellants and respondent Nos. 2-5 stating that on the prayer of Tapashee Snipping Lines Ltd. (respondent No. 2), respondent No.1 sanctioned the loan of Tk. 700000/-on 31st March 1980 in favour of respondent No. 2 for acquisition of tw..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......eral, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Criminal Appeal No. 29 of 1985. (From the judgment and order dated 29th September, 1983 passed by the High Court Division, Comilla Bench in Criminal appe......tted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......ted beating him by fists and blows. When P.W.1 raised alarm the accused persons threatened and compelled him to keep quiet and tit at the southeast corner of the hut. The accused Hossain took away one steel trunk containing Caries, petty-coats, blouses etc. Tk 550/- in cash and also six plates f..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......sfer and a decree. Section 39 provides for declaration of nullity of a written instrument in the words 'adjudge it so" void; it also provides that the court ‘in its discretion’ may order the instrument, when adjudged void to be delivered up or cancelled. From the provision it is ......ion the appeals are dismissed. There will be no order as to costs. Ed. ...... February 1983 disposing of Second Appeals Nos. 402 and 403 of 1971, They arise respectively from Title Suit No. 532 of 1967 and Title Suit No 87 of 1969 of the 1st Court of Munsif, Sylhet. In one suit, M.S. No. 532 of 1967 a simple declaratory decree was sought to the effect that a sale-dee..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....gh Jobeda. But admitted fact is that his name was not mutated in the landlord's Sherista nor did he pay any rent, nor his name was recorded in the Petty Settlement khatian Ext. D (1) which was published some time in 1933. Ext. D(1) recorded Jobeda's name as owner-in-possession to the extent ......to the extent of 5 pakhis 2 gondas 2 karas and 2 krants out of the lands shown in the schedule. Defendants preferred Second Appeal No. 368 of 1974. The learned Single Judge affirmed the order of the appellate court below and dismissed the appeal. Leave was granted to consider t......, be no order as to costs. Ed. ......Court Division, Dhaka, in S. A. No. 368 of 1974). Judgment: Fazle Munim CJ. - I have gone through the judgments written by Badrul Haider Chowdhury and Shahabuddin Ahmed JJ. I concu..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......ht of collecting rent and tax only as in the meantime the defendant 1 and his brother acquired tenancy right by adverse possession." The appellate court below though affirmed the judgment and order of the trial court took the view that the questions of adverse possession does not arise in th......e no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... an estate of Maharaja or khas land he frankly conceded that the land in question would not answer the description either as the estates, taluks, tenures, holdings or tenancies or khas land. Since none of these descriptions of the land of the Municipality fit in it does not come within the mischie..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. 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: 39 DLR (AD) 1. ......se Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provides remedy for any mala fide ......der as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......it. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of a one-storied building on the land of R.S. plot No. 6889 which is situated in the Bazar area Plainti..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them 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) 311. ...... the Penal Code, the question for consideration is whether the conviction was based on correct assessment of evidence according to rule of evidence and recognized principles of criminal trials. The order of conviction was passed by the Additional Sessions Judge, Mymensingh, on 13 November 1981 a......d 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) 311. ......ntal principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone………….(49) Law does not require a particular number of witnesses to prove a cas..Category: Criminal Law | Date: | Hits: 56
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