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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. ...... shouted to Golam Ali the names of his assailants; (4) evidence of P W. 8 Toyeb Ali. P. W. 9 Akram Ali and others that within a few minutes of the incident they found accused Nausher hurriedly proceeding towards the west with wet lungi and shirt. that they caught him out of suspicion and th..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......committed against the provisions of the Defence of Pakistan Rules continued in force by the said Ordinance or any order made thereunder; or (e) effect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, forfeiture o..Category: Property Law | Date: | Hits: 70
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 it appears that the alleged victims, Khijir, Bhola and Keru, were notorious thieves and bad characters of the locality and that Khijir was put into custody on occasions in proceedings under section 110 Cr. P.C. which are generally known as Bad Livelihood cases (B.L. Case..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....vision but to no effect. Then the matter was brought before the Supreme Court by special leave. There the convictions under both the charges were quashed and the appellants were acquitted. Ground for quashing the conviction in respect of Ext. P-3 is that this conviction was recorded mainly on uncorr......e member who were going there together, that after marketing when Lalu and the member boarded a rickshaw for returning home from Sreemongal, he was given a lift in the same rickshaw, that after proceeding some distance, they got down from the rickshaw, whose fare of Tk. 1.50 was pa..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. ......ed the petition in limine". 8. In Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786, in stating the law as to who are necessary or proper parties to a proceeding the Indian Supreme Court stated that ''a necessary party is one without whom no or..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......iproco Computers Ltd." which is the name of appellant No. 3, a Company, of which respondent No. 1 is the Chairman and appellant No. 1 is the Managing Director. This arises in a winding up proceeding under section 162 of the Companies Act, namely Company Matter No. 21 of 1986 pending bef..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....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. ......ested to deposit the balance amount of Tk. 96.000,00 being the rent of 1390 B.S. immediately." This rent was paid on 25th Baisak 1390 B.S, corresponding to 9.5.83. It may be noticed in course of proceeding before the High Court Division the respondent contended as per the lease agreement the re..Category: Property Law | Date: | Hits: 87
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... the petitioners' case and it only exemplifies that there may be an exception to the general principle that the validity of a mutation order may not be allowed to be raised in a miscellaneous proceeding for pre-emption. In that case the mutation proceeding was initiated after filing of the ..Category: Property Law | Date: | Hits: 43
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... 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. ......ondent. Appeal before the Appellate Joins Commissioner of Taxes was dismissed. The assessee further appealed before the Income Tax Appellate Tribunal which was also dismissed. 5. In the proceeding under section 66(1) of the Income Tax Act the following question was considered by the H..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......lly sustainable. Further, appellant No.1 who had been paid for construction of vessels is not liable for the payment of loan having been extended, to respondent No. 2 by respondent No.1 in the proceeding under Article 33 of P.O. No. 128 of 1972. 5. Facts, as stated above, make it cle..Category: Business or Commercial Law | Date: | Hits: 100
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. ...... submitted that the plaintiffs suit being for declaration of title and confirmation of possession alternatively for khas possession and for a decree for declaring the order of requisition and all proceedings there-under illegal, mala-fide and without jurisdiction, plaintiffs' prayer (d) in the p..Category: Property Law | Date: | Hits: 48
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ication of the prosecution. Without complying with this provision the learned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impu..Category: Criminal Law | Date: | Hits: 38
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 ......o him to sign and verify a written statement, and the other submission is that the Deputy Commissioner who is also Collector of the district, is the recognized agent of the Government in all judicial proceedings and as such he got power under rule 2 of Order XXVII, C.P.C. to sign and verify, plaint ..Category: Tenancy Law | Date: | Hits: 108
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......stances have been cited. We also failed to understand how, without taking the Additional District Magistrate to task for what the District Magistrate considered to be an illegal act he would think of proceeding against the appellant. Also, how the appellant would know whether the Additional Distri..Category: Information Technology Law | Date: | Hits: 226
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 ......53 of 1985. The criminal revision was heard by the Barisal Bench and the Writ petition was heard by the Dhaka Bench. Leave was granted to consider the question as to the propriety of quashing the proceeding under section 145 of the Code of Criminal Procedure by the learned Sessions Judge in exer..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ......er? Now the grant does not assume to grant any land or any interest in land. It grants the franchise of holding a market and authorizes a market to be held; and it does so after inquiry by a peculiar proceeding, whether the granting of the market will be for the good of the public or to their detr..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 ......nspector and the litigant public who were inside the Court room, 3. On 26th December 1983 appellant summoned respondent No. 2 in his chamber and in presence of one on the parties to a criminal proceeding and directed respondent No. 2 to dispose of the case according to his instructions and ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... 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. ......ollows: "21. (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed twenty thousand Taka,..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... 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. ......ok the view from Ext. G the Ekrarnama that "why then Amir Ali wanted to disprove Khorshed Alam from Mutwalliship back as 1953 which was due to him if he is a real son of Amir Ali Mia." 36. Before proceeding further both trial court and the lower appellate court erred in law and failed to take n..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....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 ......es the rights of the parties with regards to all or any of the matters in controversy in the suit and may be either preliminary of find. “The explanation adds; "A decree is preliminary when further proceedings have 10 be taken before the suit can be completely disposed of, It is final when such ..Category: Property Law | Date: | Hits: 48
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