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Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....nce acquitted by the trial Court) and Shafiuddin Sheikh and Jaber Sheikh (the two appellants) and entered into the said land and the appellants Shafiuddin Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur w......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....ncluded the land at Paribagh. After the contract was entered into as stated above there was exchange of correspondence relating to the Paribagh property between the purchasers and seller on the one hand and between the seller and the corporation (the defendant No. 3) on the other hand but the ma...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Begum; PLD 1965 (SC) 496 Shamsuddin vs. Capt. Gauhar Ayub; PLD 1963 (SC) 460,486 Fazlul Quader Chowdhury vs. Abdul Huq; PLD 1972 (SC) 139 Asma Jilani vs. Govt. of Punjab; PLD 1952 (FC) 29 Sobho Cyan Chand vs. Crown; PLD 1963 Dhaka 669 Md. Abdul Haque vs. Fazlul Quader Chowdhury; AIR 1967 (SC) 1643 G......inistrative functions'. In section 224 for the first time the expression Administrative functions of the High Court is mentioned in the margin. Its precursor section 107 of 1915 Act in the marginal note says "powers of the High Court with respect to sub-ordinate Courts". Hence since 1935 the 'supe..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....is story was that first blow was given by one of those two persons whom he asked as to what they were doing. If Nurul Islam is to be believed then the confessional statement is false. On the other hand, if confessional statement is to be relied on the evidence of P.W.4 stands falsified. Both cann......urul Islam mentioned that Dablu assaulted him and escaped but he could not say whether he mentioned this fact to the I.O. The I.O. P.W.15 stated that P.W.5 did not mention this fact to him. Be it noted P.W.5 did not say that P.W.4 mentioned anything about his wife. 28. P.W. 13 did not hear an..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....llants are entitled to be acquitted as a matter of right in the facts and circumstances of the case………………(9 & 12) Lawyers Involved: S.S. Haider, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-Record — For the Appellants. B. Hossain, Deputy Attorney-General, in...... out of the hut by the accused and was left in the garden; but to the I.O. he said that "he got information from Shahabuddin (his brother P.W.8 on 24.9.82 that Halima Khatun had died". It should be noted that Halima Khatun was killed on the night following 18.9.82 and according to him in his very ..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....1980 these appellants, along with 15 others, started to reap the ripe paddy forcibly. Hearing this news Bazlur Rahman and his men including his father (P.W. 1) rushed to the spot. He carried in his hand his licensed gun; he asked the appellant Budhai as to why he was forcibly reaping the paddy b......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....of Tk.1000/- in default to rigorous imprisonment for one month-by his judgment and order dated 25.4.83. He further directed the appellant under section 522(1) of the Code of Criminal Procedure to hand over possession of the disputed holding to the informant party. 6. This order was affirmed, ......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....assed by the High Court Division, Comilla Bench, Comilla in Writ Petition No. 32(C) of 1988. Respondent No.1 herein filed the aforesaid writ petition challenging the order of his removal as Chairman Chandina Upazila Parishad on the basis of no-confidence motion passed in a special meeting as per Rul......been drafted by the draftsmen keeping such view without taking recourse to the technique provided by section 17 of the General Clauses Act. 15. Before we proceed further it will be convenient to note that the Upazila Parishad Ordinance was promulgated in 1982. Section 2 defines Chairman "mean..Category: Election Law | Date: | Hits: 128
Category: Election Law | Date: | Hits: 212
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ire land of dags were divided into 1/3rd and 2/3rd between the parties and the plaintiff will gel 1/3rd and defendant will get 2/3rd of the dags in the suit. The learned Single Judge on the other hand held that the Solenama mentioned the expression “নালিশী জমি” (land in the......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....st at the rate of 12% during the pendency of the suit and until realisation did not suffer from any illegality Reliance was placed on two judgments of the Privy Council, namely, Pannal Lal vs. Nihal Chand, AIR 1922 PC 46 and Lala Haki Rai vs. Lal Ganga Ram, AIR 194 PC 61. 9. Being aggrieved by th......ant as principal debtor obtained the loan from the National Bank of Pakistan under the cash credit limit of Taka 4 crores and overdraft limit of Taka 33 lacs against the security of demand promissory notes, hypothecation of jute stored at various purchase centres, pledge of shares of different Compa..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... agreement that was concluded on 16th April, 1967 between the parties. The agreement is Ext. 2(a). The material portions are reproduced as under: "1. Mrs. Young Chung Ching agrees to withdrew and handover her share of the assets and business of China Cafe to Mr. Liu Tet-Ping at an agreed total v...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....nce being hearsay e.g. that he heard that the plaintiff was a daughter of Gouri Dasi. The plaintiff's evidence as P.W. I was discarded on the ground that she was an interested witness. On the other hand, the evidence of D.W. 1 Abdur Rouf, Field Kanungo was relied on that Gouri Dasi was a prostitu......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
.... Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors.............................Respondent Judgment November 17,......t attract any of the provisions of Order 47, rule 27 of the Code. We reject the application for additional evidence.” 5. Further it appears that the learned Judges noted the main argument of the appellants before them, namely, respondent No. 1, the pre-emptor had..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......o notice of the contract or of the part performance therefore.” 8. It is unnecessary to notice the history of the section which was enacted in 1929. It will be sufficient to note that the contract must be in writing as section itself opens up by saying “where any per..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......t with the record. Heard the Receiver and the learned Advocate at length over the petition of the D. Hr. dt. 2.9.80 and the objection against it. To 9.4.81 for order". Be it noted that in the petition of the decree-holder dated 2.9.80 the appellants prayed for delivery of ..Category: Property Law | Date: | Hits: 39
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......s been placed under restriction by the proviso, and a proviso to a statute is always intended to abridge, restrict or negative the benefit given under the statute for certain purposes. It should be noted that in the main provision of this clause (i), the word 'property' has been used, but in the ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....the property of schedule No. 1 to defendant Nos. 4-10. It is on the refusal of plaintiff-respondent No. 1 to pay the dues of certificate cases to the extent of his share and on his refusal to hand over the rent receipts and the kabalas for schedules 2 and 3 lands, appellant No. 1 paid the e......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... landlord, is based on proper consideration of materials on record as well as on correct interpretation of section 18. The Appeal is dismissed……………..(4) Cases referred to- Jagadish Chandra Sarkar Vs. Abdul Aziz, 7 DLR 314; Abdullah Baluch Vs. Adam Ali, 13 DLR (SC) 13. Lawyers I...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111