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Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....plain paper ejahar from O.C. Abdul Mannan (P.W. 22). Among the Official witnesses P.W. 21 is a magistrate who recorded the confessional statement (Ext.4) of appellant No.3 Daud Hossain and P.W.6 held post mortem examination of deceased Efaz Hossain. The material witnesses who sought to prove the pro......ral character around whom the prosecution case has developed. On the other side there is his counterpart accused-appellant No.2 Akbar Ali Molla.The occurrence was of 1979 when accused Akbar was a member of the Awami league and Chairman of the Local Union Parishad and Mominul Huq, a votary of the......developed. On the other side there is his counterpart accused-appellant No.2 Akbar Ali Molla.The occurrence was of 1979 when accused Akbar was a member of the Awami league and Chairman of the Local Union Parishad and Mominul Huq, a votary of the B.N.P was Secretary of the local youth complex. The ......ped. On the other side there is his counterpart accused-appellant No.2 Akbar Ali Molla.The occurrence was of 1979 when accused Akbar was a member of the Awami league and Chairman of the Local Union Parishad and Mominul Huq, a votary of the B.N.P was Secretary of the local youth complex. The toll c..Category: Criminal Law | Date: | Hits: 61
....law which is embodied in the maxim audi alteram partem. Whenever any person, or body of persons, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decision after expost facto investigation into facts which would result in consequences affecting the person, propert...... Fakirhat Upazila Parishad, District Bagerhat in the election held on 16.5.85. He is a leader of the local Awami League, has been involved in political and social works for a long time, was elected member of the Provincial Assembly in 1970 and of the Constituent Assembly after the emergence of B......n his affidavit-in-opposition stated that the appellant was involved in a number of Criminal cases and earned ill-reputation in the locality for his rude and rough behaviour. The Chairman of Fakirhat Union Parishads submitted a prayer to the Deputy Commissioner, Bagerhat (Respondent No. 1) for cance......of 1985 discharging the rule and upholding the Government order canceling the appellant's license for revolver and confiscating the same.
2. Appellant has been elected chairman of Fakirhat Upazila Parishad, District Bagerhat in the election held on 16.5.85. He is a leader of the local Awami Lea..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....difference between the seals was visible by naked eye and it was held that the said ballots were correctly declared invalid. It was also mentioned in the said order that no proof was available of any post election tampering of election materials. It seems that the appellant raised some new & further......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 ...................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their .............Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyer..Category: Election Law | Date: | Hits: 106
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......he appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of the transferor's family have a right to live. Once the partition decree is made in prelim......sufficient to note in passing that the concept of the dwelling house had received a very liberal interpretation. See Damodar v. Banwarilal A.I.R. 1960 Cal. 467. In that case there was intervention of Union Board Road between plots 1473 and 1596. The Court considered that it was matter of little co......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....y and that has not been disputed. The line of argument is illogical because the line of reasoning is somewhat like this: after this, therefore because of this— a fallacious reasoning known in Latin post hoc, ergo propter hoc. For example: A died after his visit to Quetta. Therefore his visit to Qu......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....ve any notice under section 106 of the Transfer of Property Act determining the tenancy or demanding rents. Defendant-appellants did not receive any notice from the plaintiff-respondent by registered post or under certificate of posting on November 7, 1973 or any other date. 4. Defendant-appella......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......n 17 of the "Act" 3. Plaintiff filed T.S. No. 115 of 1978 in the 2nd Court of Munsif, Feni, challenging the order dismissing him from service under the Act. In his plaint he claimed that he was a member of the Management of the Mills designated as "Store-in-Charge," and contended that he was not...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......of Paresh Chandra Bardhan was acquired on the basis of valid document and a portion of the property standing in the name of Chittotosh Bardhan were debuttor property and the appellant being the elder member of the family managed the said property for the Sheba Puja etc. and the remaining property we......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....di to question the election of the returned candidate. This stand was also reiterated in the leave-petition as Ground No. 1 which reads: "For that the respondent No.1 being not a candidate for the post of Chairman of the Upazilla Parishad after withdrawal of his nomination paper and that he havin......pecuniary interest in the affairs of the Kathalia Upazilla Parishad when his bill for payment was pending after his election as chairman of the Upazilla Parishad. The respondent is also an Ex-Officio member of the said Upazilla Parishad. So there cannot be any doubt that he had locus standi to lodge......ks, the passing of the bill, he contended, was a mere routine work which neither brought his work within the class of work" to be done" nor it constituted any pecuniary interest in the affairs of the Union Parishad. He explained that he had withdrawn from the list of contractors of the Upazilla Pari...... the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 A bill for payment..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....t, 1983 made in Criminal Appeal No. 44 of 1983, Rangpur Bench. 2. Leave was granted by us to consider the contention raised on behalf of the State that in view of the definite opinion of the post-mortem doctor that the injuries in the vital parts of the body of the deceased, Shantu, resulte......the criminal act of causing the injuries in question is "grievous hurt” with sharp weapon which is punishable under section 326 of the Penal Code. Maximum punishment under this section, it may be remembered, is transportation for life. The trial Court of course arrived at a clear finding that thes......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....ference between the seals was visible by naked eye and it was held that the said ballots were correctly declared invalid. It was also mentioned in the said order that no proof was available of any post-election tampering of election materials. It seems that the appellant raised some new and......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. ......p; A.T.M. Afzal J. - This appeal by special leave, at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August 1986 passed by the High......p; A.T.M. Afzal J. - This appeal by special leave, at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August 1986 passed by the High Court..Category: Election Law | Date: | Hits: 110
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....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: ......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: ......ty is levied under the Punjab Excise Act, 1914. This exemption was provided in section 6 of the said Sales Tax Act After coming into force of the Indian Constitution in 1950 Excise duty fell into the Union list for taxation matters and the Indian Government enacted the Medicinal and Toilet Prepa......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
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. ......ases). Allegation against the accused persons was that on the day of occurrence Khijir was charged with theft of four jack fruits, tied with a rope and was dragged from his house to the local member Azizur Mondal and from there to the abandoned Bhiti of Narayan Muchi. This allegation has be......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. ......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. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....Regulation, 1979. Respondents came to know of the list in November 1981 when some of the 42 Senior Account Assistants who were below the respondents in the merit list were promoted to the next higher post as Junior Account Supervisor in July 1981. According to respondents, the seniority list prepa......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....July, 1976 that he got angry because the deceased married his uncle Ashabuddin's widow, Hafsa, and he killed the deceased by thrusting a knife in his abdomen. (vi) P.W. 8 Shamsuddin Ahmed who held postmortem examination on the deceased opined that the head and the beheaded body of the dead we......town testified that there was a salish which was due to be held in his shop on 2.5.76 at 4 p.m. The deceased was also to attend the Salish. But as he did not come at appointed time other salish members went away. Deceased came to the shop with accused Lalu and Kabir at 7 or 7.30 p.m. Thereafte......buddin Master, paternal uncle of both the accused- respondents, Lalu Mia and Kabir. She alleged that she re-married the deceased, Ashraf Ali, who was an influential man, being a member of the Local Union Parishad, for protection of her property. Ashraf Ali left the house of Hafsa Khatun on the r...... Master, paternal uncle of both the accused- respondents, Lalu Mia and Kabir. She alleged that she re-married the deceased, Ashraf Ali, who was an influential man, being a member of the Local Union Parishad, for protection of her property. Ashraf Ali left the house of Hafsa Khatun on the relevan..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......r the provisions of this Act." Local authority has been defined in General Clauses Act and Section 3(28) reads as under: “Local authority" shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....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. ......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. ......became owner and possessor of more than .37½ sataks of land in ajmali possession around the Madrasah. He had purchased it by sale deed dated 8th and 10th February 1965. As Vice-Chairman of Manupur Union Parishad, he had some political influence and by using it managed to obtain a letter of reco...... owner and possessor of more than .37½ sataks of land in ajmali possession around the Madrasah. He had purchased it by sale deed dated 8th and 10th February 1965. As Vice-Chairman of Manupur Union Parishad, he had some political influence and by using it managed to obtain a letter of recommenda..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....the occurrence itself, recognition of the assailants and cause of assault by them. Her evidence seemed to be quite clear and straight forward, and, in spite of a few minor acts and conduct in the post-event period during investigation relating to matters other than the occurrence, it has remai......or why they should feel aggrieved by reason of the land dispute between them and Khursheda who employed Idris as her borgader to cultivate the borga land, or why one of the assailants (Kamini) who is member of the minority community should come along with the other appellants having some dispute ove......of the prosecution witnesses the defence case appears to be that the accused have been falsely implicated in the case at the instance of Abdul Hai and one Abdul Rashid. Both of them had contested the Union Council election, against the accused Muslim who succeeded in defeating them. 7. It was als......As some of the appellants were claiming interest in the disputed land in which Khursheda also laid her claim and there is conflict between Abdul Hye and appellant Muslimuddin over election to Union Parishad, it should not sound so strange if the appellants combined to murder Idris, thereby teachin..Category: Criminal Law | Date: | Hits: 56
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... 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 ......l Meeting reliance was first placed in sections 76(3) and 79 (3) of the Companies Act. These sections are: "76 (3). If default is made as aforesaid, the Court may, on the application of any member of the company, call or direct the calling of a general meeting of the company." "79 (...... 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 ...... 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
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