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The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......ccept this contention and holding that this Ordinance was not applicable to the instant case made the impugned order stopping further proceedings and discharging the accused-respondent from his bail bond. Leave was granted to consider the legality of this order. 3. We have heard Mr. A.W. Bh..Category: Criminal Law | Date: | Hits: 60
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....other words, the plaintiff society has no locus standi since it is not the original lessee. 9. On appeal the High Court Division took the view that the trial Court misconceived the nature and the scope of claim in the suits and concluded by saying: "In the absence of any evidence that Dh......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....to be quashed. Inherent power has been given "to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. In series of decisions of the Court and of other Courts; the scope of extent of section 561A Cr.P.C. had been detailed. Whether the proceeding is to be quashed d......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....usa Sarkar. The Additional Sessions Judge, however, upon a good piece of appreciation of evidence completely disbelieved the aforesaid witnesses including P.W. 4 Mobarak and found that there was much scope to doubt about the prosecution story that Musa was at all present on the river bank and that t......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....as counted in favour of the respondent. 17. In view of the discussion above we find no substance in the contention ultimately raised by the learned counsel for the appellant and thus no scope to interfere legally with the impugned order upholding the concurrent decision of the Tribuna......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....appellate court and such error has affected the merit of the decision, otherwise a finding of fact, however wrong it might appear, cannot be interfered with in second appeal. In explaining the scope of section 100 C.P.C. this court in the case of Erfan Ali Vs. Joynal Abedin Mia, 1983 (BLD) ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....e by the appellate court from Ext. C and C(1) was not maintainable as the claim for specific performance of contract was not inconsistent with the recitals in Ext. C and C(1) and that there was no scope for constituting any admission by the plaintiff that the suit land was enemy property;(iii) t......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....e which came thereafter. Mr. Asrarul Hossain has contended that a taxing statute should be construed very strictly and that in such a statute only the express 'words' will give its meaning leaving no scope for presumption or speculation about the legislative intent. Learned Counsel has placed relian......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
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. ...... of seeing the witness and their demeanour accepted Kabir's confessional statement as voluntary. 31. Mr. Boktear Hossain, Advocate-on-record appearing for the State pointed out that Kabir was on bail for a considerable period during the 3 years between the date of his arrest and the trial and h..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... the expression "in advance" is not related to the subsequent years. The words used in that order of lease are so clear as to leave no ambiguity to their meaning. In such a case there is hardly any scope for the court to embark on an investigation to find out the intention of the parties to the Ag......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. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....d pasted to the plaintiff-respondent by absolute sale whereupon the vendor appellant No. 2, possessed it as an agent of the respondent Respondent therefore is in possession of the land leaving no scope for the agent to possess the land adversely against principal. It is true that the agency term...... 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
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....Division should, therefore, have looked into the plaint and decided in favour of the plaintiff-appellants. On the contrary, he contended, the learned Judges of the High Court Division went beyond the scope of their jurisdiction in rejecting the plaint. 19. Rejection of plaint is governed under t......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
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....pany duly called, held and conducted." The learned Counsels then cited decisions of various Courts of this sub-continent in support of their respective contentions as to the proper extent and scope of the powers conferred upon the Company court to order such meeting, 14. Mr. Rafique-Ul-Ha...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....H. Khan, learned Advocate for the appellant, contends that this observance of the learned Single Judge as quoted above, h totally erroneous, for m the face of clear provision of statutes there was no scope for the Court to draw any presumption in favour of the Deputy Commissioner to file written sta...... 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
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....y unwarranted and improper. Rejection of their ballot-papers will be proper only if it is proved that the doable-marks were pre-counting acts of the voters themselves. Now, in this case, is there any scope to hear that the 'double marks' were in existence at the time of counting of votes by the Pres......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. ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ction between orders couched In the words "shall stand dismissed" and ''will be dismissed". In the former, the order is final in feat the order of dismissal is of automatic operation there being no scope for any further order; in the latter, the order is not final in that in the case of default, t......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... 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 ......ed 11.3.77. On receipt of the commitment order the Sessions Judge, Rajshahi took cognizance under section 302 Penal Code on 15.6.77 and the aforesaid Sessions Case was registered. The accused were on bail and their sureties were directed to produce them on 25.7.77 by order passed on the same day i.e..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ers that were irrelevant to what he had to consider." 58. Facts of this case, being different in complexion and nature, executive discretion as determined by the committee will be found to have no scope for application in the case before us. The question before the Judicial Committee was whether ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... from the decision of an Election Tribunal which is not a court, an application under Article 102 of the Constitution lies, would appear to be also, different These decisions have, therefore, no scope for application in the present case. Independently of these reasoning, following cases c...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....reliminary decree. A judgment cannot be interpreted to mean something other than what has been clearly decreed by the court. The final decree was in terms of the preliminary decree. So, I find no scope for interference with the final decree." In this view of the matter, the appeal was di......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
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