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Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....t Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......ng 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 and the case is remanded to the High Court Division for disposal acco..Category: Criminal Law | Date: | Hits: 97
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kutubuddin Ahmed..................................Appellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27......] 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 the trial court and again judgement of the sub-ordinate judge being set-asi..Category: Tenancy Law | Date: | Hits: 106
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
.... (1988) 257 ......evenue), Rajoir, Madaripur on 9th June 1967 in respect of 9, 14 decimals of land as described in the Kha Schedule land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are illegal, void and without jurisdiction. 3. ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....me Court Appellate Division (Criminal) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Nurul Huda…………………………..Appellant Vs. Bhashanu Sardar and ors..........Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Co......ors..........Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Code of Criminal Procedure, 1898 (V of 1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no mi..Category: Criminal Law | Date: | Hits: 50
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....rder XXXIX, rule 1 No injunction can be granted to a person against: whom a decree has been passed under section 9 of the Specific Relief Act restraining the decree-holder from executing the decree and if an injunction is granted purpose of the suit under section 9 will be frustrated. No injunctio......ellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek who sold it to Jahanara Begum, predecessor-i..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....t Vs. Yakub Sardar & others..............Respondents Judgment May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the compla...... April 1980 when he examined the complainant on solemn affirmation under section 200 Cr P.C. The Magistrate, however, without issuing any process against the accused under section 204, thought it proper to have the matter enquired under section 202 Cr. P.C. After the Magistrate has issued pr..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li...... 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, title to a property. For various reasons a proceeding for enforcement of this claim to title under the forged d..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..................................Appellant Vs. The State.................e of sustaining the order of conviction. 21. Examining and analysing the oral evidence record, it has occurred to me that both the trial and the High Court Division have apparently to give due and proper consideration to the well-established principles governing appreciation of evidence in a case..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....n : 40 DLR (AD) (1988) 213 ......till subsisting lease-hold right and interest in the impugned fisheries should not be declared as legal and lawful, or such other or further order or orders passed as to this Court may seem fit and proper." 3. At the same time the learned Judges stayed the operation of the impugned leasing of t..Category: Property Law | Date: | Hits: 45
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
.... This Case is also Reported in : 40 DLR (AD) (1988) 200 ......34"; the High Court Division set aside his conviction under sections 436/34 and maintained his conviction and sentence "under sections 302 and 148 of the Penal Code". The sentence is apparently not proper, as it is not stated whether any separate sentence was passed under section 148 of the Pena..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena...... 1894. Ref: - His Memo. No. 52/60-1660-C dated 22.2.60. The undersigned is directed to say that lands acquired both under the Land Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made ..Category: Property Law | Date: | Hits: 47
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....udgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronted with a......ment was delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/irregularity in the conduct of the election the Tribunal found that they were not proved by proper evidence and the issue was answered in the negative. On the basis of recounting of ballots ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am......done by the Pourashava the Government by order dated 23.9.86 upgraded Rangpur Pourashava to Class I from Class-II. 5. An enquiry committee was set up by the Government on 10.7.87 to enquire into proper use of fund allotted for development of Rangpur Pourashava during the period of 1984-85 and 1..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)......l by special leave is directed against the judgment of the High Court Division, Rangpur Bench, in Civil 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 ej..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
..............Appellant vs. The State............................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to i...... The State............................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 want..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by ...... husband is to be viewed by some other standard while considering the offence of murder but as in all other cases the circumstances attending the crime have to be taken notice of for inflicting the proper punishment prescribed under the law. 21. The appellant does not seem to be a hardened crim..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....t of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A...... 2(s)(i) and 3 The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (P. O. No.149 of 1972) Articles 2, 2A, 2B (2) and 3 The impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the cont..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....der Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ......d only women and minors being heirs of Hajrat Ali, brother of the plaintiff Hamed Ali. They have quite a formidable case as the documents produced by them would apparently show but unfortunately of proper legal advice in not putting the box on their behalf, their case so much so that the trial cou..Category: Property Law | Date: | Hits: 34
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....40 DLR (AD) (1988) 69 ......, the Court refused to quash the proceeding because delay by itself is not a ground for quashing the criminal proceeding. But when a case is made out that that prosecution has been launched from an improper motive only to harass the accused due to personal vendetta whether the Court should exercise'..Category: Criminal Law | Date: | Hits: 46
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
.... 40 DLR (AD) (1988) 20 ......986.) Judgment: M. H. Rahman J. - Leave was granted to consider whether the trial court erred in law in issuing a Commission for inspection and for preparation of an inventory of certain suit properties without issuing any show cause notice upon the defendent-appellants. 2. Respondent No...Category: Civil Law | Date: | Hits: 94
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