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Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......he Opposite Parties. Civil Revision No. 1352 of 1980. Judgment AM Mahmudur Rahman J.- This Rule is against the judgment and decree of reversal passed by the learned Additional District Judge, 5th Court, Mymensingh reversing the judgment and decree of the learned Munsif. 2. The pe..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......ated 18 June, 1990 passed by the High Court Division, Dhaka in Civil Order No.1156 of 1990). Judgment: MH Rahman J.- Respondents filed Title Suit No.38 of 1989 in the Court of Subordinate Judge, Narayanganj for evicting defendant No.1, the Bangladesh Inland Water Transport Corporation an..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......and the sentence is also of a short duration When the appellants were already on bail granted by the lower Appellate Court, the direction that has been given in the present case by the learned Single Judge of the High Court Division by rejecting the prayer for bail is not proper and is not in keepin..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......on, Rangpur Bench, passed in Death Reference Case No.6 of 1983 rejection the reference and setting aside the order of conviction and sentence passed against the respondents by the Additional Sessions Judge, First Court, Pabna in Sessions Case No.300 of 1982. 2. At the trial P.W.1 Moked Ali, th..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ...... High Court Division, Comilla Bench, in SA No.471 of 1973). Judgment Mustafa Kamal J.- This is the plaintiff's appeal from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench dated 15‑5‑83 in SA No. 471 of 1973 allowing the..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......f is directed against the judgment and order of the High Court Division passed in Civil Revision No. 1247 of 1982, setting aside the concurrent judgment and decree of the Court of Additional District Judge, 3rd Court, Mymensingh passed in Money Appeal No. 7 of 1978 affirming the judgment and decree ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......ppeal by special leave calls in question an order of the High Court Division, in appeal, acquitting the two accused-respondents, who, along with another, had been convicted by the Additional Sessions Judge, Pabna, under sections 302/34 Penal Code and sentenced to transportation for life. 2. Pr..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ...... of 1962. The respondent also asserted that there were no irregularities and fraud in publishing and conducting the sale. 4. Leave was granted to consider whether the learned single Judge of the High Court Division was correct in setting aside the judgment of affirmance of the appe..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12....... daughter Irshed Selim and Akter Selim and appointed his brother‑in‑law Mr. KM Nasiruddin the Executor of the will. Mr. Nasiruddin duly obtained probate on July 6, 1973 from the Court of District Judge, Dhaka and the aforesaid children of late Mr. Selim became owners in moiety share on the stren..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ding that both he and the vendor were co-sharers in Schedule-III land, but accepted this finding as correct. He, however, took a new ground to justify the claim of pre-emption, and the learned Single Judge accepted the new ground. The learned Single Judge found that the land of each Schedules compri..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ......hen the writ jurisdiction of the High Court Division was under suspension at the relevant Time. This order of the Munsif was challenged in revision (CR No. 12 of 1984, Comilla) but the learned Single Judge of the High Court Division, by his order dated 3.12.1984, refused to interfere observing, amon..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ...... allowed. The Companies Act, 1913- Section 162 Clause (vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order totally failed to keep in view the centr..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......n is whether the conviction of the appellants has been vitiated by non-examination of the accused under s. 342 Cr.P.C. or whether this defect is curable by s. 537 Cr.P.C., as held by a learned Single Judge of the High Court Division. 2. Respondent No.1, Jogesh Chandra Roy, filed a complaint be..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......efore the Appellate Court. 2. The short fact that will be necessary for disposal of this appeal is that, plaintiff-respondent No.1 filed Title Suit No.491 of 1981 in the Court of 4th Subordinate Judge, Dhaka against the defendants-appellant is and one Afroza Begum (Defendant No.2) for specific ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ...... over the self same occurrence on 21.2.89 being CR Case No.152 of 1989 filed against the appellant and other victims and some of the witnesses of the appellant was pending before the learned Sessions Judge being Criminal Motion No.545 of 1989 and both the cases being case and counter‑case should b..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......ated 10th and 11th August, 1986, of the High Court Division, Jessore Bench confirming the sentence of death passed against the appellant under section 302 of the Penal Code by the Additional Sessions Judge, Second Court, Jessore on 9.6.1983 in Sessions Case No.22 of 1978. 2. On 16.10.1976 P.W...Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......inal Appeal No. 210 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Special Tribunal, Narayanganj in Special Tribunal Case No. 1 of 1987. 2. The prosecutio..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......gment and decree of a Division Bench of the High Court Division, Chittagong Bench, in First Appeal No. 158 of 1964 dated 15.8.84, decreeing the suit and setting aside those of the learned Subordinate Judge, 2nd Court, Chittagong dated 24.12.63 in Title Suit No.13 of 1962, dismissing the suit. 2..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......the Informant. On this finding the learned Magistrate discharged all the accused observing that the allegation was "groundless". This order was unsuccessfully challenged before the Sessions Judge and the High Court Division in revision. Leave was granted to consider whether the order of di..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......ivil Revision No.329 of 1983). Judgment Latifur Rahman J.- This appeal by special leave at the instance of the added defendants is directed against the judgment and order passed by a Single Judge of the High Court Division, Comilla Bench in Civil Revision No.329 of 1983 setting aside the o..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
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