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Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....llants non-appearance at the time of filing of the appeal without giving an opportunity to the appellants, to appear before the High Court Division, who are granted bail from the trial court (however wrongly), till filing of the appeal and getting bail, is not just and proper. The order is set-aside...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..Category: Criminal Law | Date: | Hits: 97
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......urts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a shockingly low price etc. Even so the appellate Court has recorded a finding on merit also. As reÂgards the claim that (here was no arrear rent due the High ......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
.... Civil Appeal No. 27 of 1985 The Transfer of Property Act [IV of 1882] Section 106 The question of title being rightly decided by the trial court on consideration of relevant document which was wrongly rebutted by the learned sub-ordinate judge without controverting properly the findings of th......n the R.S. Record in the name of Dinendra Nath Ganguli to the extent of 3 annas and in the name of Chitta Ranjan Tarafdar to the extent of 13 annas is wrong and the entire suitland ought to have been recorded in the name of the latter, Dinendra Nath Ganguli, plaintiffs' vendor, had neither title to ......ismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......cussion above there apÂpears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is disÂmissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......dra Das. Bhagaban Chandra being in possession of '50 acre in Plot No.333 sold '25 acre of land on 13th February, 1956 to pre-emptor-respondent No. 1 and his brother whose names along with others were recorded correctly in the S.A. Khatian No. 23, forÂmerly C.S. Khatian No.19. Bhagaban Chandra sold ......er as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is disÂmissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
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 ......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 ...... is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ed of the same property on its basis to defendant Nos. 1 and 2 are ilÂlegal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The disputed land appertaining to R.S khatian No.517 of mouza Shiraj Kathi originally belonged to the predecessors of some of the plaintif..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 ...... 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 ......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 ...... 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 ..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. ...... entertain such a case for trial "unless the accused has been sent" to him by the Magistrate. 5. Mr. Abdul Wadud Bhuiyan, learned AddiÂtional Attorney-General, has referred to the relevant orders recorded in the Order-Sheet of this case and has pointed out that the learned Judges of the High Cou......cted 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. ......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. ..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 ......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 which it is recorded in the examination-in-chief. The cross-examination of P.W. 2 and P.W. 9 does not reveal tha......e 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 ......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 ..Category: Criminal Law | Date: | Hits: 32
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....art of the prosecution case, no charge having been framed as to aiding or abetting by others and no evidence having been led in that beÂhalf. 26. I am thus convinced that the appellants have been wrongly and illegally convicted and senÂtenced. The High Court Division has failed to decide the ap......ad erred in apÂplying the law on confession in the facts and circumÂstances of the case. 9. Keeping these principles in view, there is no hesitation in saying that the conviction was correctÂly recorded. I would, therefore, dismiss the appeal. Shahabuddin Ahmed J.- I have had the advantage...... charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....from differÂent persons who had taken pattan of these plots. Plaintiffs are in possession of these plots for more than 30 years and have also got their dwelling house in plot No.58. These lands were wrongly recorded in the name of the Government in the recent record of rights. The learned Counsel s......ferÂent persons who had taken pattan of these plots. Plaintiffs are in possession of these plots for more than 30 years and have also got their dwelling house in plot No.58. These lands were wrongly recorded in the name of the Government in the recent record of rights. The learned Counsel submitted...... as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....ken without lawful authority and is of no legal effect". This clause is also not attracted in view of the conÂferment of jurisdiction by a court. A court in exerÂcise of its jurisdiction can decide wrongly as well as rightly. In Malkarjun V. Narahari and another reportÂed in 25 (Bom) 337 P.C. it ......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 ...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......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 ..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......ivision by order dated 6 April, 1986. 2. Leave was granted by us to consider the quesÂtion whether the trial Court which, having been satisfied that the summons was duly served upon the defendant recorded a finding to this effect and passed the decree, has, thereafter, got power to go against it......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
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 ...... 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 ......ill, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......enancy Act which, according to the plaintiff, was illegal as the lands have been delivered to him rent free and were, therefore, not liable 'to any assessment of rent. Land was shown rent free in the khatian. Plaintiff objected to the impugned rent under section 19(1) of the aforesaid Act which was ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....endants 2 and 3 sold their interest to the plaintiffs by Kabala dated 11.2.65 and thus the plaintiffs became full owners of the suit property. In the M.R.R. Khatian No. 106 the suit land was recorded wrongly in the names of Raj MoÂhan and others who created a fictitious Kabala in faÂvour of defend......after defendants 2 and 3 sold their interest to the plaintiffs by Kabala dated 11.2.65 and thus the plaintiffs became full owners of the suit property. In the M.R.R. Khatian No. 106 the suit land was recorded wrongly in the names of Raj MoÂhan and others who created a fictitious Kabala in faÂvour ......nd those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......erty. In the M.R.R. Khatian No. 106 the suit land was recorded wrongly in the names of Raj MoÂhan and others who created a fictitious Kabala in faÂvour of defendant No. 1 and against the said wrong khatian Misc. Case No. 247 of 1966-67 was filed before the Sub-Divisional Magistrate, Feni who by hi..Category: Property Law | Date: | Hits: 43
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......y any authority to which he may be subordinate, or by any Magistrate of a district, ********** within the local limits of whose jurisdiction the holder of such license may be, when, for reasons to be recorded in writing, such officer, authority, Magistrate deems it necessary for the security of the ......without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....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 ......legaÂtions made in the plaint".(Election Tribunal). 10. The District Judge in appeal found: "Thus from the statements in the petition before the Tribunal and the statements of the P.Ws. recorded by the Tribunal it-appears that the respdt. pett. has been able to prove that the countin......sed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......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 ..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. ......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. ......High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......uld mean unÂnecessary prolongation of litigation. 6. Mr. S.R. Pal, learned Counsel appearing for the plaintiff-appellant, drew our attention that plot No. 492 measuring 3.71 acres is shown in the khatian as the homestead (Bari). In a suit for partition under section 4 the concept of the dwelling..Category: Property Law | Date: | Hits: 45
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ...... F.I.R. (Ext.1) at 22.00 hours. 5. On the following day i.e. 22.12.84 the apÂpellant was sent to the Upazila Magistrate, Bagharpara (P.W. 7) for recording his confession (Ext. 6) and after it was recorded he was sent to jail custody. P.W 1 investigated the case and submitted charge-sheet under S...... the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....h Court Division held so, the onus was on the responÂdent to prove that he was not a Pakistani citizen and that on the relevant date he was citizen of BanglaÂdesh. The High Court Division, however, wrongly placed the onus on the appellant to show that the reÂspondent retained Pakistani citizenshi......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. ......wever, 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
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....position in their earlier suit, Title Suit No. 55 of 1962, subsequently withdrawn on the ground of deÂfect of the frame of the suit; and that plot No.215 exclusively belonged to Babu Khan and it was wrongly entered in the disputed khatian. 5. The trial Court held that the plaintiffs were bound b......nt No.2 and the heirs defendant No. 1, has arisen out of a suit for partition. 2. The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five persons Babu Khan had 8 annas share; Miajan Khan and Alimuddin Khan ha......in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......Title Suit No. 55 of 1962, subsequently withdrawn on the ground of deÂfect of the frame of the suit; and that plot No.215 exclusively belonged to Babu Khan and it was wrongly entered in the disputed khatian. 5. The trial Court held that the plaintiffs were bound by their statement in the plaint ..Category: Property Law | Date: | Hits: 36
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