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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. ...... 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. ..Category: Criminal Law | Date: | Hits: 62
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. ......d have taken a different view of evidence admitted. "The general principle is established that the sovereign in council does not act in the exercise of prerogative right to review the course of justice in criminal cases in the free fashion of a fully constituted Court of..Category: Criminal Law | Date: | Hits: 46
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. ......ingering doubts, the confession of the accused may be taken into account to set that little doubt at rest." 23. The Indian Supreme Court in Nishi Kant Jha vs. State A.I.R. 1969 (S.C.) 422 on review of case laws of the subject summarised the law in the following paragraph: “In the Al..Category: Criminal Law | Date: | Hits: 124
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. ......ther the award nor the decree did calculate the total outstanding due to the decree-holder. 2. After withdrawing the execution case the appellant filed Miscellaneous cast No. 884 of 1979 for review of the decree. On 4th July, 1981, the date fixed for per-emptory bearing appellant's Advoca..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....-retainable khas land. Mr. Ahmed cited the decision in AIR 1979 (SC) 1628 and the decision in A.I.R. 1983 (SC) 848 to substantiate his contention. 31. Review of all these decisions point out that Judicial thinking has crystallized on this subject in two clear-cut ways, namely,(1) if it is a pure......tive power and whether the State is entitled to deal with its property In any manner it likes or award a contract to any person it chooses without any constitutional limitation upon it. The Court reviewed decisions from American jurisdiction and considered that in a modern state "ills difficult ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....nd it is an established rule of evidence that oral evidence is inadmissible for the purpose either of construing the terms of a document or of ascertaining the intention of the parties thereto. The Judicial Committee of the Privy Council in the case of Balkrishan Das v. Legge, 27 LA. 58 considered...... 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. ..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....gh it is not safe to seek guidance from English jurisdiction as the Privy Council pointed out that the Indian. Act is not in pari materia with the English Act yet a clue can be taken as to how the Judicial thinking crystalise in the given set of facts so as to come to a conclusion as to the natu...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....sumed to continue till other co-sharers are ousted completely by exclusive possession openly on claim of hostile tills by another co-sharer. This principle of law was propounded by the Judicial Committee of the Privy Council in the case of Corea vs. Apuhamy. AIR 1914 PC 243, in which......ould not have been extinguished except upon complete ouster on claim of hostile title a case which was not established by the defendants in this suit. 28. As it appears clearly, a review of the evidence is necessary to determine the real question involved in this appeal, partic..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....nd confusion. Whatever the legislature says, unless it is contrary to the Constitution, its mandate, either express or implied, has been obeyed by Court. We are aware of the principle stated by the Judicial Committee of the Privy Council in the well-known case of Secretary of State vs. Mask, AIR 1......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. ..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. ...... Ali Vs. Crown, 5 DLR (FC) 107 and feel no hesitation to hold that the prosecution has failed to prove their case beyond reasonable doubt:— "In a criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the defence. If after a..Category: Criminal Law | Date: | Hits: 56
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....self estops a man from denying nothing whatever except that he witnessed the execution of the deed, and by itself it does not show that he consented to the transaction which the document effects, the Judicial Committee of the Privy Counsel held that 'the attester not only witnessed the execution of ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......ain Vs. Election Commissioner, (1976) 28 DLR (AD) 51 and rightly applied the. Principle enunciated therein to the instant case. 7. To appreciate the real question involved is this appeal a brief review of the facts relating to election of the disputed Centre is necessary. As has been stated abo..Category: Election Law | Date: | Hits: 140
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......sed to interfere in the matter. 16. As for the Dhaka Bench in refusing the writ it correctly took the view that such decision in the revisional jurisdiction of the High Court Division could not be reviewed under Article 102 of the Constitution, inasmuch as, efficacious alternative remedy had be..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....nizance was taken by the Sessions Judge on 15. 6.77, the trial became pending and the savings as provided in section 4(2) of the Ordinance was immediately attracted. He has referred, besides Stroud's Judicial Dictionary, to the Dictionary meaning of the word 'pending' which is 'awaiting decision or ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....a new market as required,, without affecting the existing market, for that portion of the public which cannot be accommodated in the existing market.” 36. Also, we have been referred to Stroud's Judicial Dictionary, 4th Edition, Vol. 3, p.1925 for deriving the clearest notions of what is a mark......ith the old hat by trying to sit on the same days, it would be closed down with effect from 1st Baisakh, 1384 B.S. Sd/- M.A. Samad, Joint Secretary. L.A. & L.R.DIV., 8.3.77." 8. A review petition was filed by Salimabad has Commutes against this order but it was rejected. By his o..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....e powers and functions of a Court, particularly when the Election Tribunals are manned by Munsif. 41. Finally, an election dispute relates to a right to office. The dispute is civil in nature. Judicial officers who decide civil disputes have been empowered to decide diction disputes. Procedu......er section 36 of the Ordinance is limited to a matter which is within the jurisdiction of the authority concerned and the scope of the Ordinance. A question of jurisdiction is a matter for review, which is based not on the merits but on the legality of the lower authority's proceedings..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the Administrator of Wakf to consider whether these conditions have been fulfilled by any individual. It is enough to notice that the assessment is to be made by the Administrator of Wakf Estate in Judicial manner (29 DLR page). Such jurisdiction exclusively conferred upon him by the law but his d...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
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