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Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ence, then only order the Court can record is an order of acquittal. …………..(11) Section 339C Cr.P.C. provides for release of the accused for not concluding the trial within the special period of limitation provided under this provision and as such it means stoppage of the trial only. ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... with section 76(3) of the Companies Act, the Company Judge passed the orders as above-mentioned. The Company had its first Annual General Meeting which was; it was claimed, held within the statutory period. The Company Judge had no jurisdiction to call the meeting or give any direction for holding ..Category: Business or Commercial Law | Date: | Hits: 111
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......ly after the counting was completed, and that from that time the recounting was held, after about 9 month the respondent or the Presiding Officer had connection with the ballot-papers. If during this period the “double marks" had been on the ballot papers, as the Tribunal itself suspected, rejecti..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......at the order itself was subject to appeal and revision in higher forums in which opeÂration of the impugned order allowing preemption was stayed and whether an extension of the tine far a reasonable period should have been allowed in the circumstances of the case. 5. Mr. Abdul Gafur, learned Adv..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....Âcluding 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.......19 of the General Clauses Act. As to the practice of obtaining authentication of declaration from the Additional District Magistrate the learned Counsel mentioned that such practice extenÂded over a period of nearly 10 years and it was not merely followed in Kushtia but in other districts as well. ..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......n Wednesday and Sunday in a week and in case of non compliance with his order it would be closed down. The order, as quoted below in full, will be seen to trace the origin of the two hats over a long period of time: GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH-LAND ADMINISTRATION AND LAND RE..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....de by P.W. 3 in his evidence.". 5. Next the learned Single Judge took the view that the agreement itself is void ab initio under section 23 of the Contract Act. It was observed; "Admittedly it was stipulated in the agreement (Vide clause-3) that the tenant would have to pay Municipal taxes includ......f the S.C.C Judge was set aside said the rule, was made absolute. 6. Leave was granted to consider the question; (a) whether the landlord waived the agreement by accepting the rent beyond the time period, (b) whether the sub-letting was not prove, (c) whether the agreement itself is void, since i..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......f Court in Criminal Miscellaneous Case No. 24 of 1984 and sentenced him to suffer simple imprisonment for 7 days and to fine of Tk. 1000/- only in default, to suffer simple imprisonment for a further period of 3 days. Being aggrieved the appellant filed the aforesaid appeal before this Court. 8. ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......individual or is designated by his office is the person who is selected to exercise the pouter by excluding others from the exercise of such power. If the answer is in the affirmaÂtive, then such period becomes a 'persona designata'. The expression 'persona designata', is may be mentioned, ha..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. ......erred to as Amir Ali's son, but these papers did not contain any statement of Amir Ali; nevertheless, these documents relating to different matters and transactions spread over a considerably long period of time upto the year 1964 ConsiÂdering all these documents a reasonable concÂlusion can ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......gality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred under sec..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......s the age of puberty, because a girl has occasion to learn such masers and accomplishments as are proper to women, to the teaching of which the family relations are most competent, but after that period the charge of her properly belongs to the father, because a girl, after maturity, require..Category: Family Law | Date: | Hits: 152
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.......W. 2 has, of course, denied the suggestion as to fabrication of Exts. 6 and 13; but the payment of rent for 14 months at a time and non-production of any receipts for payment of rent for the earlier period create suspicion in the genuineness of the receipt Ext. 6. But I have already observed at the..Category: Property Law | Date: | Hits: 37
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......hi Kanta Acharya Bahadur was acquired by the Government in 1951. It took the view that as such the plaintiff could not claim title in respect of the suit land on the basis of adverse possession for a period less than 12 years and accordingly dismissed the suit. 5. The appellate court below on the..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion 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. ...... society appointed but it. Section 24 of the Act empowers the Registrar to depute, "on an application of a co-operative society'', a government servant to the service of the soÂciety for a specified period. Upon reading of these provisions of the Act and the Rules made there under, it is clearly fo..Category: Employment/Service Law | Date: | Hits: 124
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......l jurisdiction such press may be a declaration in Form A. (2) As often as the place where printing press is changed, a fresh declaration shall be accessory; Provided that where the change is for a period not exceeding sixty days and the place to which the printing press is shifted is within the j..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......as a mere licence at will. The licence was duly cancelled, under clause 12 of the agreement; Ext. 6. There has been no undue political pressure. Nobody was looking after the petrol station during the period of disturbance in 1971. Respondent No.1 took over the station which was then handed over to r..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......The appeal is alloÂwed. The Code of Criminal Procedure, 1898 (Act V of 1898), sections 421, 422, 423 The appeal challenging the order of conviction cannot be disposed of only in respect of the period of sentence even on consent of the parties without considering propriety of the Conviction. T..Category: Criminal Law | Date: | Hits: 62
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ...... the land along with other lands that are mentionÂed in the kabala. Accordingly the trial court decreed the suit for khas possession and also for mesne profit arising out of the suit land during the period of their dispossession and directed eviction of defendant 1. 5. On appeal the appellate co..Category: Property Law | Date: | Hits: 63
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... 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. ......er like imposition or as rent in advance. the claiming or the receiving of which is prohibited under this Ordinance, the Controller may, on application made to him in this behalf at any time within a period of six months from the date of such payment or deposit by the tenant by whom such payment or ..Category: Property Law | Date: | Hits: 59
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