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Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....i ever arises requir­ing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......F.C.S. for 3 years from 1392 B.S. to 1393 B.S. at Tk. 30,000/- (Thirty thou­sand) only for 1392 B.S. and at 10% higher for 1393 B.S. and 1394 B.S. Sd/- Md. Siddique, Sr. Scale Section Officer, H/O Land Admn. & Land Reforms Memo. No. VII-Habi-13/85/348 Dated 13.3.85" 3...

Category: Property Law | Date: | Hits: 34

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......oclamation managed to pur­chase the land in the name of the Government5. Some of the certificate debtors were already dead. After the emergence of Bangladesh plaintiffs filed objection before Circle Officer (Revenue), Madaripur. Miscel­laneous Case No.XII-37 of 1973-74 was started and on 27th July..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......nd. The evidence of D.W.1 shows that the accused persons were living in their houses on the disputed land. P.W.1 the com­plainant claimed to have taken settlement of the land from the Sub-Divisional Officer by paying necessary dues and he has been corroborated on this claim by the Tahshilder, P.W.6..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)

....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......eging that they were the real culprits. This complaint was registered as C.R. Case No. 420 of 1980, as already referred to. The Magistrate after examining the complainant on oath sent the case to the Officer-in-Charge of the Po­lice-Station, Janjira for enquiry and report. A Crimi­nal Motion (Crim..

Category: Criminal Law | Date: | Hits: 75

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......ent April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Officer in actually the same terms in wh..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..

Category: Criminal Law | Date: | Hits: 63

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... were produced in support of the prosecution case. Three of them were only tendered by the prosecution and two (P.W. 14 and 18) were declared hostile. P.W. 22, S.L. Abdul Mannan was the Investigating Officer who submitted charge sheet, P.W. 20 another S.I. of police filled up The F.I.R. From on rece..

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....easons stated above, the appeal is dis­missed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......ies Act was granted lease of five Fisheries in Charandwip mouza within Chokoria Upazila in the District of Cox's Bazar for a term of three years from 1391 B.S. to 1393 B.S. by the Upa­zila Fisheries Officers. An agreement was signed by the parties on 30th April 1984. Respondent No. 1, namely, Deput..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......ase since the Corporation adopted these Rules for its employees. 3. In Civil Appeal No. 11 of 1987, which arises out of Writ Petition No. 137 of 1985, the appellant, Wazed Ali, an Assistant Store Officer of the Corpo­ration, challenged an order of the Corporation dated 29 May 1985 provisionally..

Category: Employment/Service Law | Date: | Hits: 112

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......rticular attention to the question whether the act of the accused Bandez Ali attracts the definition of murder under section 300 of the Penal Code. They simply referred to the evidence of the Medical Officer P.W.4 and held the accused guilty of murder as his death resulted from the inju­ries which ..

Category: Criminal Law | Date: | Hits: 67

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......ace, so he drew up an order under section 144 Cr.P.C. on 26.11.79. Subsequently this proceeding was converted into proceed­ing under 145 Cr.P.C. and the disputed property was attached and the Circle Officer was appointed as re­ceiver. Both the parties adduced their respective evi­dence and the le..

Category: Constitutional Law | Date: | Hits: 174

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... thereon. Plaintiff claimed that the aforesaid agreement contained no term for payment or assess­ment of rent for the suit land. In 1962 plaintiff, however, received a notice from the Revenue Circle Officer as per Memo. No.1207-E 80/58 dated 28.11.60 issued by the Board of Revenue. The Reve­nue Of..

Category: Property Law | Date: | Hits: 47

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......iming compen­sation. It was asserted that the appellant was not at all aware as to why his license had been cancelled, The appellant, staled in his writ petition that on 20.1.84 the Upazila Nirbahi, Officer, Fakirhat for­warded a letter to the Secretary, Ministry of Home Affairs, Respondent No. 1 ..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..

Category: Election Law | Date: | Hits: 118

Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)

....onment for life. In the result, therefore, the appeal is dis­missed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......night but Laxmi Rani was missing since the next morning. P.W. 2 stayed the night in Baliadanga and on the following day i.e. 21.12.84 went to Baghar Para P.S. He gave the aforesaid information to the Officer in-charge (P.W.1) stating further that he suspected that the ap­pellant had killed and or c..

Category: Criminal Law | Date: | Hits: 61

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... days of the incident. It ap­pears that when the dead body of Wazed was discovered in the following morning villagers and neigh­bours rushed to the spot and were also present when the Investigating-Officer came to the place of occur­rence. These two witnesses therefore had every op­portunity to ..

Category: Criminal Law | Date: | Hits: 45

Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)

....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ...... A.D. as the suit filed on 16th April, 1965, would definitely be within time. 8. Finding himself in a predicament, the learned Counsel for the appellant relied upon Ext. D, an order of the Revenue Officer dated 25.3.53. By this order the defendants were shown in the Record-of-Rights to be "in for..

Category: Property Law | Date: | Hits: 35

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..

Category: Property Law | Date: | Hits: 49

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....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. ...... The petition was taken to Paba P.S. by one Ibrahim Hossain (P.W.14) at 9-30 P.M. on the same day i.e. 14.3.68. The same was treated as F.I.R. and a case was registered. P.W. 17 Sultan Mahmud, Second Officer, Paba P.S. was asked to investigate the case who upon completing investigation submitted cha..

Category: Criminal Law | Date: | Hits: 55

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. ......ginal owner e.g. Hemnalini has power to transfer this property by way of executing kabala. ………………….(40, 42 & 44) Cases Referred to- Benoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria & another 30 DLR SC 139, RJ. Reuter Co. Ltd. vs. Fred Mulhens 1953 All E.R..

Category: Property Law | Date: | Hits: 47