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Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
.... to us that on 28.2.72, when the law of abandoned property came into operation, the petitioner was living in the United Kingdom and the fact that he managed his disputed property at Dhaka through a local resident at Dhaka was neither a notorious fact nor a matter of common knowledge. He did not re......b) any property which is in the possession or under the control of the Government under any law for the time being in force. Explanation.- "Person who is not-present in Bangladesh" includes any body of persons or company constituted or incorporated in the territory or under the laws of State..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....el. It remanded the case for a fresh decision on the point whether plot No. 215 was identical with item No.1 of Babu Khan's kabala Ext. B after giving the defendants an opportunity for taking out a local investigation, and for disposal of the suit according to law. 7. In Second Appeal the Hig......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....unnessa, wife of Wazed that Wazed had left for her father's house in the previous evening, accompanied by accused Rashid and Mobarak, and since that time Wazed was missing. The Informant along with local Chairman (P.W.2) went out in search of Wazed and then went to the thana and lodged a first inf......as committed by the accused-respondents in their very presence. 2. The prosecution case arose from an incident in which the Informant's (P.W.1) younger brother Wazed Mirdha was killed and his dead body having been cut into pieces was packed in three gunny bags which were concealed in a ditch. The..Category: Criminal Law | Date: | Hits: 45
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, therefore, is prima facie apparent. Even otherwise..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....criminal prosecution F.I.R. is an important piece of material. In the given case informant stated that his nephew Abul Hossain was kidnapped on 16th April, 1973 by accused Lambu who was the leader of local Lal-Bahini, since then the victim's whereabouts were not known. This information was lodged on......hat such a proceeding should be quashed, inasmuch as the reasons for delay are unconvincing. The argument has force. The occurrence took place in 1973 and not a word of this occurrence was told to anybody. No G.D. entry was filed in this case nor was any salish called for. Not even a petition of com..Category: Criminal Law | Date: | Hits: 46
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....the complainant party Md. Sohrab (P.W.1) hails. Musa Sarkar, admittedly an influential person, has houses at two other places including one at Rajshahi town. It is said that there are Prodhans of the local villages but Musa Sarkar is the leader of all those Prodhans. Admittedly the complainant party......0/80 men armed with lathi, hasua, dagger, etc. attacked them. Jamshed and his 3 companions ran for safety to the nearby house of one Fakir and took shelter in his north viti dwelling hut. There was nobody, in the house except Fakir's wife, Amena Khatun (P.W. 11) who was found cooking in the yard. Th..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....to be made at the conclusion of peace, the Central Government may appoint a Custodian of Enemy Property for Pakistan and one or more Deputy Custodian or Assistant Custodian of Enemy Property for such local areas as may be prescribed and may by order- (a) * * * (b) Vest or provide for vesting ......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)
....the work was not yet done according, to the specifications stated in the contract. It was further alleged that the appellant was also disqualified for this office as he was part-time Principal of the local Shahid Reza College and drew 50% of his pay from the Government. 5. The appellant entered a......d also by taking recourse to other procedures; the former who has withdrawn from the race is not interested in the election. Respondent-petitioner who withdrew voluntarily got no grievance against anybody and as such he is not a person competent to file election petition against a returned candidate..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....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. ......s allowed. The Penal Code, 1860 (XLV of 1860), sections 307/34 Reversal of the appellate Court's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the ..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....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. ......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
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....mises by registered kabuliyats dated 10th March, 1970 and they had been carrying on business there; that subsequently defendant No. 2 illegally handed over possession to dependant No. 3; that after a local arbitration in the matter defendant Nos. 3-5, though agreed to deliver up possession, they d......nt and its effect was under heavy criticism. But it was not considered that a family arrangement does not require either to be stamped or registered. See AIR 1928 (Cal.) 705. In this case, however, nobody challenged the document but the courts below on an interpretative decision came to the conclusi..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....971. The defendants also came back from West Bengal. The plaintiff requested them to execute the kabala, but they refused to comply with his request. On humanitarian ground Mr. M. A. Razzaque, the local Commander of the Mukti Bahini allowed the defendants to live temporarily on the suit lan......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)
....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: ..Category: Procedural Law | Date: | Hits: 124
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....h the jungle. Golam Ali found Elias lying almost dead with multiple injuries; he raised alarm whereupon the mother and the second wife of Elias appeared on the spot, followed by many others of the locality, including Ayub Ali, the Informant, found Elias lying injured and heard the names of his t...... Ayub Ali's evidence at the trial has been corroborated on all material points by his first information report. But while giving the evidence he tried to assign the two fatal injuries found in the body of Elias, one caused with a dagger and the other with a dao, to the acquitted accused Salam an..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
...., the Central Government may appoint a Custodian of Enemy Property for Pakistan and one or more Additional Custodians, Deputy Custodians and Assistant Custodians of Enemy Property for such local areas as may be prescribed and may by order:— (a) require the payment to the ......operty (Continuance of Emergency Provisions) (Repeal) Ordinance, 1974. In the same year Parliament enacted the Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974 embodying the provisions of the aforesaid Ordinance of 1974 and giving it effect from 23rd March 1974..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....l. 2. The six respondents were convicted for murder and sentenced to death by the Additional Sessions Judge for burying alive three persons, allegedly thieves and bad characters of the locality, but on appeal the High Court Division at Rangpur by the impugned judgement acquitted...... by the accused for tying Khijir for the purpose of dragging him out of his house. 5 D.Ws. deposed that they work and reside near about the mud-well of Narayan Muchi, but on the day of occurrence nobody was thrown into the well. The suggestion by the prosecution was that Khijir, Keru and Bhola we..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....false because knowing it full well that Lalu had made up his mind to finish the deceased no person could be in his company in such journey on the fateful night. The Member was an important man in the locality. Member was married on 17th Baisak, 1383 B.S. corresponding to 30th April, 1976 and the fat......he had seen the deceased going to the west accompanied with accused Lalu and Kabir. Thereafter the informant lodged the F.I.R. and police came to the place of occurrence and recovered the be-headed body and also the severed head of the deceased from beneath the water-hyacinth of the tank. The info..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....other hand, when the Government grants lease, privilege, settlement etc. the Government acts and discharges sovereign function "performing function in connection with affairs of the republic or the local authority”. Such function can best be appreciated if matters of settlement of hat, bazar, fi......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
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... due date or in compliance with the notice under Article 31, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the Distinct Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial pa......ter of 600 DWT capacity as per attached specifications drawn by Bangladesh Shilpa Rin Sangstha (BSRS) and as per drawings approved by N. K. ARTICLE: 2 Price of one number steel body, (self propelled) cargo coaster of capacity 600 DWT complete as per specifications and a..Category: Business or Commercial Law | Date: | Hits: 100
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....lands at a fixed rent, or rent free for a premium, whether the lands are agricultural lands or a building site, is valid only if made for a necessity of the institution and it is not justified by a local custom, or by a practice, of the institution, to grant lands in that manner. 10. In th......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
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