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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 ......of her statement under Section 161 Cr.P.C. for which he took time. Mr.Fazlul Karim, however, informed us on the adÂjourned date that he could not procure the same from his client and made no further prayer. It may be obÂserved in this connection that Ayesha Khatun clearly stated in her evidence th..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen 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 ......of the criminal case was prayed for on the ground that cognizance could not be taken except on a complaint by court as reÂquired under section 195(1) (c) Cr.P.C. The High Court Division rejected the prayer relying on a SpeÂcial Bench Case of the Allahabad High Court, AIR 1931 Allahabad 443, Empero..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......the Bangladesh Land Holding LimiÂtation Order (P.O. 98 of 1972), it may be pointed out that the right of pre-emption accrued a decade beÂfore the said P.O. 98 of 1972 came into being. FurÂther the prayer for pre-emption was allowed by the trial court in 1967 when no question of land holding limit..Category: Procedural Law | Date: | Hits: 92
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... impugned orders of the Corporation. He has referred to Rule 16 which provides for appeal from and Rule 23 which provides for revision of, the impugned orders of reÂmoval of the appellants; but this alternative forum not being gone through, the Writ petitions are not maintainable, he has contended.......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. ..Category: Employment/Service Law | Date: | Hits: 112
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....So, the appellant has no grievance. The revisional court reversed the judgment of the and the appellant consequently felt aggrieved and he filed the writ petition. As it has been observed that he had alternative efficacious remedy; and even assuming for arguments' sake that remedy is not "equally ef......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
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 ...... jurisdiction, null and void nor any declaration that the plaintiff is not liable for the period, 1363-1368 B.S. can, therefore, be givÂen. In this connection it may, however, be menÂtioned that no prayer was made in the plaint for deÂclaring the letter dated 28th November 1960 as illeÂgal, with..Category: Property Law | Date: | Hits: 47
....€˜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.
......n stated that the appellant was involved in a number of Criminal cases and earned ill-reputation in the locality for his rude and rough behaviour. The Chairman of Fakirhat Union Parishads submitted a prayer to the Deputy Commissioner, Bagerhat (Respondent No. 1) for cancellation of license of the re..
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 ......concerned. 7. The appellant unsuccessfully took an appeal against the decision of the Tribunal and then an unÂsuccessful revision against the appellate order. 8. Coming to this Division with a prayer for leave to appeal submissions were made disputing and raising question as to the recounting..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. ...... is directed against the judgment of the High Court Division, Rangpur Bench, in CivÂil Revision No. 1750 of 1981. 2. Plaintiff-appellant filed a suit for partition of the ejmali properties with a prayer for purchasing the share of the stranger purchaser, defendants, in the ejÂmali undivided fam..Category: Property Law | Date: | Hits: 45
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama......ccession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....s at Dhaka itself and those facts were brought to the notice of the respondent long before the writ peÂtition was filed. The respondent did not inquire into those assertions and has not come up with alternative facts suggesting that after 25.3.71 the petitioner retained his Pakistani citizenship or......h inspite of my obtaining a British passport on 14th April, 1972". 48. On 20th November, 1984 the respondent's mother made a representation to the President for the release of the property but her prayer was rejectÂed on 4th February, 1985. 49. The appellant's case is that the respondent was ..Category: Immigration and Citizenship Law | Date: | Hits: 214
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......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 incident took place at about Magreb prayer time on 3rd December 1980 on the bank of Kharadanga Khal, a little away from the Informant's ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......s already on record with the said case even though the appellants failed to examÂine any witness initially at the trial. 8. Mr. T. H. Khan, learned counsel for the appelÂlants, in support of his prayer for an order of remand in the interest of justice pointed out that the appelÂlants were the ..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
.... V Ferrazzinis Ltd. reported in A.I.R. 1963 Cal. 473 it was observed: "Where a party 'has two rights, the mere exercise of one right does not amount to waiver of the other, but if there are alternative rights, the exercise of one right might imply that the party had waived the exercise o......hief Justice. 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: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......80 in the 3rd Court of Subordinate Judge, Dhaka. These will be disposed of by this judgment since these two suits were tried analogously arising out of the same facts and circumstances with different prayers in respect thereof. 2. The Dhaka Lodge Welfare Society is the plaintiff-respondent. The s..Category: Property Law | Date: | Hits: 39
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......der the relevant Labour law or whether he is an employee of the Corporation, governed by its Service Rules, and whether his suit was hit by section 42 of the Specific Relief Act in the absence of any prayer for consequential relief. 6. We have heard lengthy arguments of the, learned Advocates for..Category: Labour and Industrial Law | Date: | Hits: 122
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....rst ground is that the writ-petition is not maintainable as the Petitioner (respondent No.1) was a candidate in the said election for chairmanship of the Upazilla Parishad and as such he got adequate alternative remedy to raise this question as to disqualification of the elected chairman by an elect....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....that the waiver had been established as a fact in that case. It was focussed that where a party has two rights, the mere exercise of one right does not amount to waiver of the other, but if there are alternative rights, the exercise of one right might imply that the party had waived the exercise of ......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
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. ....... The appellant unsuccessfully took an appeal against the decision of the Tribunal and then an unsuccessful revision against the appellate order. 8. Coming to this Division with a prayer for leave to appeal, submissions were made disputing and raising question as to the reco..Category: Election Law | Date: | Hits: 110
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