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Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....y fit in it does not come within the mischief of the law and the general notification. 12. The Non-Agricultural Tenancy Act, 1949 expressly excludes any land vested "in or in the possession of any local authority". See section 85A clause (3). Therefore, the defendants could not take resort even t......Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other body, or authority constituted or established by the Government under any law." Cornelius, CJ in ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....tion: (b) the purpose of requisition as shown in different proposals appear to be contradictory; (c) there is nothing on record to show that the proposal of defendant No.1 was verified in the locality by an authority before issuing approval to requisition; (d) Copy of report or inspectio......on of .94 sataks and defendant No.1 in possession of .37½ sataks of land. Further, property in question was requisitioned before the same was actually approved by the Government. Also, the requiring body stated in its proposal for requisition that the land was necessary for extension of existing Ma..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... of recording the ejahar denied it outright. P.W. 1 also denied whether Abdul Hye was defeated in the election or whether he contested the election. She also denied whether appellant Muslim was the local Chairman. As to whether P.W.3, Minara who was, according to P.W. 1, present in the hut at the ...... 1979. This ejahar was then sent to Thana where A.S.I. Mr. Sekander Ali registered the same after filling up the F.I.R. form on the same date. 5. P.W. 7 Abdul Wahab Khan held inquest on the dead body of Idris Miah After completion of investigation police submitted charge sheet against the accus..Category: Criminal Law | Date: | Hits: 56
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....belongs to respondent No. 1, Sri Sri Chatteswari Devi Bigraha, the deity. Respondent Nos. 1 (a) to 1(e) is the Shebaits of the said deity. In 1972 Chatteswari Mandir Unnayan Committee comprising some local persons and Shebaits was formed. Respondent Nos. 1 (a) and 1 (b) are the Secretary and the J......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....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. ......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
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....nticate. This has no application to the facts of the present case. In dealing with the question whether plaintiff’s purported dismissal was a nullity, House of Lords held that it was so because the local board had no power to delegate its disciplinary functions. 15. What is apparent from readin......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...Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
.... Court Division or any Sessions Judge, Metropolitan Magistrate or District Magistrate may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction "for the purpose of satisfying itself or himself as to the......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 ..Category: Criminal Law | Date: | Hits: 42
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 ......onsideration of the facts and circumstances of the case that appellant Mohitullah was responsible for the death of the aforesaid victims and the other appellants also inflicted fala injury on the body of deceased Mona Karati. It was also found that the appellants were members of an unlawful as..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Joint Deputy Commissioner, Tangail. Sub: Petition of Md. Baher Ali Khan of Tebaria, P.S. Nagarpur. Ref: His Memo No. 523-SA dated 1.3.71 This is to report that I enquired into the matter locally on 25.4.71 after notice fiction of both the parties. I visited the new established bazar at ......to hold Salimabad bat at its present site in Salimabad Mouza on two days in a week, Tuesday and Friday. The claim is not tenable for two reasons, first, no grant either by the Government or any local body to hold Salimabad hat at any point of time has been established and secondly, plaintiff-appella..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....dge" are defined as follows: "District" means the limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court") and includes the local 'limits of the ordinary original civil jurisdiction of the High Court Division)." "Ju...... been created for seeking remedy. Article 26 provides for filing an election petition challenging an election at which the petitioner was a candidate. This petition cannot be made to any person or body other than an Election Tribunal. Under Article 27 an Election Tribunal for a particular area i..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. ......s his father. So the condition, No. 1 and 3 are fulfilled. Now what about second condition, It says that the descent of a person acknowledged must not be already established from another. Has anybody proved that Khorshed Alam is son of another person? None whatsoever. On the contrary, plaintif..Category: Family Law | Date: | Hits: 239
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......toppel is founded upon a contract between the tenant and the landlord. It provides that when a person enters into possession of immovable property as a tenant of another person then neither he nor anybody claiming through him shall be permitted during the continuance of the tenancy to deny the lan..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......Second Court of Munsif, Dhaka for declaration of nullity of the order of dismissal taking, among other things, the ground that he was a government servant and was not liable to be dismissed by anybody other than the appointing authority, namely, the Registrar, Co-operative Societies. The learned..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......ld of by appellants Rabiul and Altab. P.W.1 hurriedly ran away and informed his brother, P.W. 2, maternal uncle of Nurul Islam, P.W. 3 and others about the incident. On the following morning the dead body of Nurul Islam was found on the bank of a khal about 100 cubits from Mujaffar Ali's house. P.W...Category: Criminal Law | Date: | Hits: 60
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....ess to make declaration.— (1) No person shall keep in his possession any press for the printing of books or papers, unless he has made and subscribed before the District Magistrate within whose local jurisdiction such press may be a declaration in Form A. (2) As often as the place where pri......e of Criminal Procedure. 8. Mr. K.Z Alam, appellants' Advocate, while referring to section 4 of the Act argued that as the declaration is required to be made to the District Magistrate concerned nobody else is supposed to know whether such declaration has been subscribed or not by the keeper of..Category: Criminal Law | Date: | Hits: 59
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....aifa, who lives in the house of accused Abul Khair Chowdhury, stabbed Harun on the chest by a dagger, causing bleeding injury whereupon he fell from his bicycle and the accused persons fled away. The local people removed injured Harun to Fatickchari Charitable Dispensary where he died soon there......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
.... The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil Office. The local Assistant Tahshilder O.P.W. 2. proved the relevant entries. The resp......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....c., by distress and sale of move-able property. Section 63 (3) Local Government Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of taxes, rates, tolls, fees and other moneys claimable by the par....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
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