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Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ...... Code of Criminal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he ......, Bandarban and Khagrachari in Sessions Trial Case No. 25 of 1983 convicting accused appellant Kala Meah under Section 302 of the Penal Code and sentencing him to undergo transportation for life. The accused appellant was tried in absentia. He executed power in favour of the learned advoca..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ...... (Civil Appellate Jurisdiction) Present: Md. Altaf Hossain J Abdul Quddus……………………….Appellant Vs. Anjuman Khatoon & others……………….Respondents Judgment Jun......y Act which embodies the rule against perpetuity reads as follows: “14 Rule against perpetuity.--No transfer of property can operate to create an interest which is to take effect after the life-time of one or more persons living at the date of such transfer and the minority of some person..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......69=ILR 23 Mad 271 (P.C.) and 27 IA 147=ILR 37 Cal. (P.C.); Hemanta Kumari Basu Vs. Sree Iswar Sreedhar Jew, AIR 1946 Cal. 473=ILR (1946)2 Cal. 38=50 CWN 629; Hafiz Vs. Swamp, PLD 1947 (R.C) 239; Mahanto Ram Charan Das Vs. Nurangilal and others, 37 CWN 541=60 IA 124; Mahadeo Prasad Singh Vs. Karia Bh......gal necessity. He may exceed his powers, but if transfer of the deity's property is by the shebait or the manager as such, the transferee would acquire an interest which would be valid during the life time of the transferring mohunt, but if the manager transfers the property belonging to th..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ......Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Inv......ed was extended at the request of the plaintiff when the struggle for national liberation was going on in the country and the plaintiff during that abnormal period had to remain in hiding to save his life from the Pakistan Occupation Army. In the meantime the liberation struggle ended and on 17.12.7..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 .......................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assu...... (5) For the purposes of this section (a)…… (b)….. (c) "Security" also includes coupons or warrants representing dividends or interest, and 'life or endowment insurance policies; (d) "a person resident outside Bangladesh" incl..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ........................Petitioner Vs. The State……………………………………Opposite Party Judgment October 20, 1983. Result: The appeal is dismissed. Cases Referred To- The appeal i......on 24.4.83 by Mr. A.F.M. Hafezullah Buiyan, Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 382 of 1979 and each of them has been sentenced to undergo transportation for life. 2. The case for the prosecution in brief is that deceased Kabir Ahmed (35), brother of in..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal rule of evidence, not one of ......sed the finding of the learned Subordinate Judge on the main issue and held that the plaintiff's father Kali Prasanna got the suit land on the basis of amicable partition, possessed it during his life time and on his death plaintiff acquired a good title to the extent of .63 decimals and as such..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......………………………………..State Judgment May 12, 1983. Result: The Appeal is dismissed. Cases Referred to- 6 DLR Dacca 647; 10 DLR 61; 19 DLR (SC) 241. Lawyers Involved: Azizul Haque with ......d against the 5(five.) appellants by the Additional Sessions Judge, Rajshahi convicting the appellants under section 302/149 of the Penal Code and sentencing each of them to suffer transportation for life in Criminal Appeal No.113 of 1981. 2. The prosecution case in brief, is that on 13-11-70 a..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......an Halder..................Appellant Vs. Shubbadra Bachar & others............Respondent Judgment March 23, 1983. Result: The Appeal is dismissed Cases Referred to- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ......sing an area of 3.14 acres of land belonged to plaintiff's brother Jadab who died 20 years ago leaving behind his widow Jatri, an unmarried daughter Shubhadra was inherited by his widow Jatri for life time and this land were managed by the plaintiff on behalf of the Jatri who gave the usufructs ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......ip;………………………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The ......sed appellant Abdul Quddus @ Nausha. The accused appellants threatened her with dire consequences and by intimidating her they obtained her consent which she had to give as she was afraid of her life. After the so-called marriage at the house of Kazi, P.W.2 Ferdousi Begum was brought to the hou..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......p;…………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; ......h bequeathed his entire properties in terms of the Will dated 12-1-1911. In terms of the said Will Mohendra, Nabin and Nikunja would get six annas, five annas and five annas respectively in life interest and on their death their heirs would accordingly have life interest in the said shares..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......ersing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit property originally belonged to Gour Majhi who had 2 sons namely, Defendant No. 1 and Nagar Mondal. Nagar Modal predeceased his f......be dismissed. Defendant Nos. 2, 3, and 5 contended that Gour Majhi died leaving only one son namely Jagadish (Defendant No.1) who died leaving one daughter in Lakhan Desi and that Jagadish during his life time made a gift of the suit land in favor of Lakhan Dasi by a registered deed of gift and Lakh..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......ndents Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 B...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......………………………………State Judgment November 3, 1981. Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate...... Republic of Bangladesh during the war of liberation and attempting to commit such offence or abetment of the commission of such offence and was sentenced to undergo transportation for life. He was also convicted under Article 2(b) (v) read with Part IV (b) of the Schedule to P.O. No...Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......er dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgment Kemaluddin Hossain CJ.—I have had the advantage of going through the judgments proposed to be delivered by my learned brother Badrul Haider Chowdhury, and Shahabuddin Ahmed, JJ. and I conc......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ity or otherwise of the impugned order has to be determined by us. 25. As the learned Counsel for the appellant relied most heavily on the equality clauses included in the chapter of Fundamental Rights in the Constitution, we may begin by quoting first Article 27 of the Constitution which guar&...... Bangladesh & Others………………................Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 19...... It does not depend on the discretion of the employer or the employee ; it is for the benefit of the employee who earns a well-earned rest with or without pensionary benefits for the rest of his life; it has, by custom and by convention, become an inextricable incident of Government service; an..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ...... Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review under Regulation No.4(4) includes the power to convert an acquittal into conviction. Unless the power of conversion of acquittal into conv......al Law Court that, on review, the order of acquittal was set aside and the accused persons were convicted under section 396 of the Penal Code and that two of them were sentenced to transportation for life and the other four were sentenced to rigorous imprisonment for ten years. The respondents chall..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ......s. Bangladesh & Others…………….....................Respondent Judgement March 27, 1980 Result: The appeal is dismissed. Case Referred to- Halima Khatun Vs. Bangladesh, 30 DLR (SC) 207; State Vs. Haji Joinal Vs. Abedin, 32 DLR (AD...... doing so. This is absulutely a matter which falls within the discretion of the President, and there is no bar in the Code of Criminal Procedure for making a second mercy petition for saving the life of the appellant. 38.I do not find any substance in any of the contentions raised by the a..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......Respondents Judgment January 15, 1980 Result: The appeal is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ce......t necessary to answer the question, because, admittedly no notice of transfer was served upon the Sadat Ali Kari, and as such it should be presumed that he had no knowledge of the transfer during his life time. The pre-emptee also could not establish that Sadad Ali Kari had knowledge about the sale...Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......ip;…………………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb A......ive are, when a requisitioning authority allowed people into possession at a weekly rent, when a landlord told a tenant on his retirement that he could live is a cottage rent free for the rest of his life, when a landlord, on the death of the widow of a statutory tenant allowed her daughter to remai..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
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