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State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......ance of the State is from an order of acquittal passed in appeal by the High Court Division. 2. The four (4) respondents along with six (6) others were put on trial in the Court of the Sessions Judge, Patuakhali in Sessions Case No.213 of 1979. The respondents were charged under section 302/34..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......t, 1990 passed by the High Court Division Dhaka in Civil Revision No. 622 of 1984). Judgment ATM Afzal J.- The respondent filed Title Suit No.238 of 1973 in the First Court of Subordinate Judge, Dhaka for partition which was dismissed for default on 3.1.1987. He filed an application unde..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......e-sheet against the accused on 11 November 1983 under sections 302/34 of the Penal Code. The accused-respondents challenged the charge-sheet and filed Criminal Motion No. 71(1)/84 before the Sessions Judge, Bakerganj for making a Reference under s. 438, Cr.P.C, to the High Court Division for quashin..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......cial leave at the instance of the defendants is directed against the judgment of the High Court Division, Sylhet Bench, Sylhet in Civil Revision No. 103 of 1985 affirming the order of the Subordinate Judge, Sylhet allowing the respondent's application for amendment of the plaint under Order 6 ru..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... of conviction under section 148 of the Penal Code but passing no separate sentence thereunder and thereby altering the sentence of fine with default order passed against them by the learned Sessions Judge, Madaripur by his judgment and order dated 15.1.85 in Sessions Case No.49 of 1984. 2. Th..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ...... Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Sections 290 & 31 (4) Power of the court to pass higher sentences An Assistant Sessions Judge under the proviso to sub‑section (3) of section 9 CrPC has the limited power to pass higher ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......Court in the absence of denial of allegations There being no specific denial of the incident as alleged by the respondents in their petition for issuing a Rule for contempt of Court the learned Judges of the High Court Division correctly found the appellants are guilty of Contempt of' Cour..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......d suit against Mr. Narayan Chandra Paul the defendant No. 3, who, against the aforesaid decree, preferred an appeal being OC Appeal No. 45 of 1977 and the same is pending in the Court of the District Judge, Mymensingh.
3. It is further alleged that the defendant Nos. 2‑5 are in illegal possessi..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......5. The prosecution examined 6 witnesses and the defence 2. Upon being convicted and sentenced as aforesaid by the Trial Court the accused–appellants appeared and the learned Additional Sessions Judge, 1st Court, Dhaka by his judgment and order dated 20.11.89 in Criminal Appeal No. 349 of 1989 ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......revisional Court was itself competent to determine [he issues involved as the evidence on record was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and orderin..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......2 of 1974). Judgment Mustafa Kamal J.- This appeal by special leave by the defendant-appellants is from the second appellate judgment and decree dated 10. 12.84 passed by a learned Single Judge of the High Court Division, Rangpur Bench in Second Appeal No.162 of 1974 setting aside the Ju..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......J.- Facts material for answering the point raised in these two review petitions are as follows: 2. The petitioner as plaintiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decree declari..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......y vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. AIR 1963 (Pat) 353 and PLD 1955 PC 185 cited.......... (7) District Judge should not and shall not allow the application for transfer of a suit which is biased without ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......the person acquitted on appeal must be an express power. Surprisingly no such power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant p..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....ommission can direct re-poll in the absence of Rule 68 of the Upazila Parishad (Election) Rules 1983 - Whether election commission can order recounting of votes when there was no objection before the Presiding Officer or Returning Officer before consolidation of results Election commission has......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......s common questions of law are involved in all these appeals. 2. Civil Appeal Nos. 13 and 14 of 1990 relate to filing of two Miscellaneous Appeals against two awards passed by the 4th Subordinate Judge and Arbitrator, Dhaka in Land Acquisition cases under the Emergency Requisition of Property Ac..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......muddin Ahmed J. - This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 15.4.85 passed by Mr. Siddiqur Rahman Mia, Subordinate Judge, 4th Court, Dhaka in Title Appeal No.382 of 1983 allowing the appeal reversing the judgment an..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......r Nos. 27 and 28 of 1982). Judgment Latifur Rahman J.- These two appeals by special leave at the instance of two share‑holders and directors are directed against the judgment of a Company Judge passed in Company Matter Nos. 27 and 28 of 1982 arising out of applications for winding up of ..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......h there was violation of section 34(3) of the Companies Act. In support of his contention Mr. Tofailur Rahman has referred to the case of Jabed Ali Sarker vs. Dr. Sultan Ahmed 26 DLR 303. The learned Judges of the Division Bench had considered this aspect and observed as follows: "We are t..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......ed against the judgment and order dated 14.12.88 of the High Court Division, Dhaka passed in Criminal Appeal No. 145 of 1982 affirming the order of conviction and sentence dated 7.4.82 of the Special Judge, Dhaka Division, Dhaka passed in Special Case No. 9 of 1981 convicting the accused‑petitione..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
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