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Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ...... passed in exercise of a proper and just discretion in the facts of the case and ex parte at the time of issuing the rule. 7. As already noticed the impugned injunction order which was for a period of 10 weeks only has already ceased to exist. The, revision case, we are told, is, however, ..Category: Civil Law | Date: | Hits: 91
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 ......round that decree was obtained fraudulently and there were material irregularities and/or fraud in publishing and conducting the sale. It was also contended that there was no arrear of rent for the period in question and that respondent No. 2 father of the appellant at the instigation of appella..Category: Property Law | Date: | Hits: 24
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 ......man Khan) passed in Writ Petition No. 365 of 1985 on 9th December 1985. 2. The case of the appellant, Haruni Fishermen Co-operative Society, is that it was lessee of the disputed fishery for the period, 1389 to 1391 B.S. and as such was in possession of the same. On its application for extens..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......easing out three launch ghats, namely, Swarapkati Launch Ghat, Inder Hat Launch Ghat and Bagerhat Launch Ghat for collecting charges, tolls etc. from vessels anchored in these ghats for the licence-period 1985-86. Each of the appellants claimed that he was the highest bidder in the auction for gra..Category: Others | Date: | Hits: 103
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 ......cessful in setting aside the auction sale which appeared from the order of the Circle Officer (Revenue) on 5th December 1975, plaintiff-respondents did not file the present suit but waited till the period of limitation for filing such a suit expired. In view of the aforesaid facts and circumstance..Category: Property Law | Date: | Hits: 35
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. ......se No. 420 of 1980 of the Court of Sub-Divisional Magistrate, Shariatpur, along with G.R. Case No. 106 of 1980, corresponding to Sessions Case No. 51 of 1981. The case has run a zigzag course for a period of over 9 years. For the purpose of deciding the question raised before us the relevant fac..Category: Criminal Law | Date: | Hits: 75
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 ......rivate complaint and the latter is not brought for trial by a court's complaint. Similar situation will arise if such offences are committed in pursuance of a criminal conspiracy spread over a long period of time. A document may be forged for the purpose of producing it in court to support, say,..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 dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......ction arose in the case before part V of the State Acquisition and Tenancy Act came into force. So, limitation is available to the petitioner under the BT ACT. Thus the case was filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre..Category: Procedural Law | Date: | Hits: 92
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....as stated that the Nazir of the Upazila Nirbahi Officer delivered possession of the said five fisheries to respondent No. 5 which had been in possession and enjoyment of the Fisheries on payment of stipulated rent and that the appellant was not in possession of the same. Further, it was prayed tha......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 ..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. ...... the order taking the ground that in view of the mandatory provision of Rule 7 (11) of the Government Servants (Discipline and Appeal) Rules, 1984 he stood discharged from the charge as the specified period of 120 days from the date of communication of the Charge-sheet to him, within which the proce..Category: Employment/Service Law | Date: | Hits: 112
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 ......ent June 25, 1986. The State Acquisition and Tenancy Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......1) has been properly construed by him. 8. Mr.M.H. Khondker, learned counsel for the appellants, argued that there being no evidence as to the existence of Samad Ali's tenancy beyond the limited period as mentioned in the khatian Ext. 3 and the rent receipts Ext. 2 series belatedly produced by ..Category: Property Law | Date: | Hits: 43
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. ......1977 for 180 days and, further appointment thereof Additional Deputy Commissioner (General) Rangpur under section 135(2)(b) of the Ordinance to perform all functions of that Pourashava during the period of supersession. 4. The Pourashava election was held on 11.2.84 under the Ordinance for th..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ...........................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inception. ..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....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. ......e Tax on 13.1.71, ground rent on 20.9.71, Urban tax for the year 1972-73 from 12.4.73 and Municipal tax for the year 1973-74 on 13.3.74. He emphasised in his representation annexure-L that during the period of 20 years between 1952 and 1972 he paid number of visits to Dhaka for visiting his parents ..Category: Immigration and Citizenship Law | Date: | Hits: 214
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......ivision with an application under section 561A, Cr.P.C. on 22 June 1984 for quashment of the proceedings and releasing him from the charge as the trial was not concluded by the trial Court within the period of 120 days as specified in section 339C Cr.P.C. This application was registered as Crimina..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ...... and Session Judge not being the presiding judge of the court (reasons being not explained) for 53 days and the court being presided by some other judge not being the District and Sessions Judge, the period of 53 days not presided by the district and sessions judge shall not be added as working days..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....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 ......he Premises Rent Control Ordinance since there had been no default in payment of rent by the defendant-appellant after the plaintiff-respondent acknowledged the payment of rents for the aforesaid period." 5. Mr. S. R. Pal, appellant's Counsel, Submitted that, in view of payment of rent for..Category: Tenancy Law | Date: | Hits: 109
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. ...... decision was reversed and the suit was decreed on a finding that even if adverse possession of the defendants started, at the earliest, from 30th Chaitra,1359 B.S. still the suit would be within the period of less than twelve years. The learned Single Judge of the High Court Division upheld the dec..Category: Property Law | Date: | Hits: 35
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......unpunished, because a lack of proper investigation or due to extraneous reasons." The term of reference of the Commission of Inquiry shall be to ascertain by inquiry whether during the period from 1st March, 1972 to 6th April, 1979 there were many cases where offences triable by the..Category: Criminal Law | Date: | Hits: 46
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