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Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....3 and 54 of 1990. 8. Leave was granted to consider the appellants' submission that the letter addressed by Mr. Monirul Islam, the Superintending Engineer to the Additional Chief Engineer by Memo No. 1652 dated 27.4.88, which has been made a Rule of the Court, was not an...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....sp; ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....uilty on circumstantial evidence unless the circumstances established against him are such that no reasonable hypothesis other than that of his guilt can be built upon them." 5. The learned Chief Justice sitting in the Supreme Court in later years considered a case, that of Shamsuddin Sark...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... the judgment and order dated 25.6.88 passed by the Metropolitan Magistrate, Dhaka in P Case No. 383 of 1987 under section 561A of the Code. 2. Claiming by a petition dated 1.9.87 before the Chief Metropolitan Magistrate, Dhaka, that the case land, namely, more or less two bighas of land u...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
.... genuineness of the deed of exchange (Annexure C) and denying the execution thereof. It was stated that on consideration of the petition dated 9.12.94 filed by respondent No. 4 to the President and Chief Martial Law Administrator and the petition filed by the appellants on 10. 10.84, the responde......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... property under requisition was in the possession of respondent No. 4 Bulbul Lalit Kala Academy as an allottee of the Government on a monthly rental. The appellants applied on 8.9.66 to the Relief Commissioner, Dhaka, under the provisions of the Disturbed Persons (Rehabilitation) Ordinance 1964,..Category: Property Law | Date: | Hits: 36
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... aspect as has been found by the Trial Court. I must state here the correct interpretation of law in respect to a prosecution case and defence plea of 'alibi' as has been laid down by Gajendragadkar, Chief Justice in AIR 1966 SC 97 which runs as follows: “It will be recalled that it was wit......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
.... degrees of misappreciation, from the very grossest form, exhibiting perversity to the mere ignoring of certain side-aspects arising out of a piece of evidence. We respectfully agree with the learned Chief Justice when he says that "for the corÂrect exercise of the reversionary power in such cases,......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ersal of the finding and the appellate court cannot usurp this power by regarding such reversal as mere alteration of the finding. 18. On the facts of the case before their LordÂships the learned Chief Justice observed : “I find it impossible to hold that if six of the convicts in this case ha......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 .....................Petitioner Vs. Haji Monwaruddin Ahmed & ors.........Respondents Judgment July 4, 1988 Civil Petition For Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ petition on same subj...... Shahabuddin Ahmed J. - In this leave petition, petitioner, a contesting candidate for election to office of Chairman of Panchashar Union Pari-3, Munshiganj, is challenging an order of the Election Commission dated 1 April 1988 directing fresh poll in Benodepur High School Centre. He had filed Wri..Category: Election Law | Date: | Hits: 126
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......o ascertain value of the part of the judgment-debtor's building so as to compensate him at plaintiffs' cost falls outside the power of the Executing Court and as such the order appointing an Advocate Commissioner has been rightly set aside by the High Court Division. The petition is dismissed……â..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....sions Judge has got power to direct the Magistrate to send the case to him so that he can try the case as a Court of Session. 6. The Sessions Judge and, for that purpose, the District Magistrate, Chief Metropolitan MagisÂtrate and the High Court Division, got power under section 435 Cr. P.C. to......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......or to the offender becoming a party to a proceeding in court. Let me call this the wider interpretation of the clause. The High Court of CalÂcutta, Lahore, Madras, Nagpur, Rangoon and the JuÂdicial Commissioner's courts of Sind have taken this wider view, (vide AIR commentaries; The Code of Crimin..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....t interfere with their findings where it is satisfied that they are reasonable and were not arÂrived at by the disregard of any accepted principle regarding appreciation of the evidence. The learned Chief Justice then sounded a note of caution "the mere fact that this Court might have taken a diffe......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......he Provincial Assembly in 1970 and of the ConstitÂuent Assembly after the emergence of Bangladesh, For his personal safety he needed a firearm and obÂtained a license for a revolver from the Deputy Commissioner, Khulna in 1970 and it was renewed every year up to 31.12.85.
3. A notice dated 30.1..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August, 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 de...... cases. During the pendency of the election petition as many as three Munsifs came in and acted as Election Tribunal at Cox's Bazar and finally the case record having been transferred by the Election Commission to the Upazila Munsif, Chakaria, the judgment was delivered by the Election Tribunal, Cha..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ...... to administer its affairs or meet its financial obligations, or (c) generally acts in manner contrary to public interest." Then the Government can supersede the Paurashava whereupon the Chairman and Commissioner shall cease to hold their office. In this case the Government acted under clause (b), n..Category: Election Law | Date: | Hits: 118
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