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Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....s can no longer claim any right, title and interest in the disputed land. Since possession was delivered to the Government which made the disputed land khas and were giving eksana leases to different persons during the years beginning from the date of delivery of possession till the Government settl......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 ...... is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......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 ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....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 miscarriage of justice even though provisions of section 367 of Cr.P.C has...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
.... and on the following day Yakub Sarder, a relation of the deceased, lodged a First Information Report (FIR) whereupon the police investigated the case and subÂmitted charge-sheet against a number of persons and thereupon the G.R. Case No. 106 of 1980 was startÂed. This case was sent by the Magistr......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. ......cted 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. ......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. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....pellant preferred appeal No. 64 of 1987 against the order of convicÂtion and sentence before the High Court Division (Jessore) and the same was admitted on 5.5.87. The prayer for bail of the accused persons pending appeal was refused. The appellant then alone prayed for bail by an independent appli...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....iled sequent to the comÂmission of the office will not bring them within the ambit of section 195. By "a party to a proceeding", the learned Additional Attorney General means and includes only those persons who were already a parry to a proceeding, that is, the offence of forgery has been committed......ument is produced or givÂen 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 ...... 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 ......ument is produced or givÂen 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 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The alleged eye-witnesses did not disclose name of the accused persons after the occurrence who allegedly actively participated eventhough the circumstance as narr......wn inside the grocery shop of Efaz. From the evidence it becomes clear that long after the occurrence the name of accused Ibrahim Molla and for that matter the names of other appellants came to be y interested person or persons and it is reasonable to think that Mominul Huq after being admitted in ...... charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....fifty working days from the date the Government Servant is placed under suspension, whichever is earlier, the accused shall stand disÂcharged of the charges brought against him and in such event the persons responsible for such failure shall be proceeded against under these rules." Rule 26 of th......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. ......se is also Reported in: 40 DLR (AD) (1988) 206. ......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. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
.... pattan from Deldoar Estate and the rest of the land of the said plot was taken settlement of by them on payment of rent. Plaintiffs also purÂchased out of plot Nos.626, 646 and 651 from differÂent persons who had taken pattan of these plots. Plaintiffs are in possession of these plots for more th......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ...... as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....lway Station, were attacked by accused appellant Bandez Ali and his men out of a previous grudge. His brothÂer, deceased Wayezuddin, and others came to his resÂcue but were assaulted by the accused persons. AcÂcused Bandez Ali struck Wayezuddin with a lathi on his head and chest, as a result of w......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......ous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... Revenue or rent should be assessed to fair and just rent as provided in SecÂtions 23 and 26 of the E.B.S.A. and T. Act, 1950. Necessary action may please be taken acÂcordingly needless to say such persons CompaÂnies or Firms will receive in lieu compensaÂtion as payable for rent free lands. ...... 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 ......ill, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... 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 ..Category: Property Law | Date: | Hits: 47
....ven heard before the decision was taken.
18. "No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi alteram partem. Whenever any person, or body of persons, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decis......how that any specific case was started against the appellant involving alÂleged misuse of his revolver. It should be rememÂbered that the appellant is in local politics and motiÂvated charges from interested quarters are not unlikeÂly. In the facts of the case we think it was absolutely necessar......without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.... station, that there was colluÂsion between the presiding officers and the appellant, failure to maintain secrecy of voting, breach of offiÂcial duties etc. and casting of votes in the name of dead persons and absentee voters. It was further alÂleged that the counting of votes was done under in-s......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......sed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
.... the decisions reported in 32 DLR 109, 16 DLR (SC) 476 and 22 DLR (Dhaka) 753 and finally the High Court Division took the view that since it is a case of supersession of Pourashava; all the affected persons, namely, the Chairman's and the elected Commissioners' interest have been affected and as su......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. ......hout any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......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. ..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....hagendra, Natabar and Profulla having been informed by their boys also reached Nandalal's house and insisted upon him that the matter should be settled then and there as they had already called other persons. Nanda Lal agreed to their proposal and skirted for the club takÂing a hurricane with him. ...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....d on a custom that was otherwise reasonable at its inception, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the plaintiffs a fluctuating body of persons were used to graze their cattle on the low waste, land only in dry season for 4 or 5 months ......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ...... appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....or the same made the prosecution case doubtful, on the fact that 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 d......hat point nor the same made the prosecution case doubtful, on the fact that 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 ...... the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....roperty which is in the possession or under the control of the Government under any law for the time being in force. Explanation.- "Person who is not-present in Bangladesh" inÂcludes any body of persons or company constitutÂed or incorporated in the territory or under the laws of State which a......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. ......wever, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......an and continued to reside at Dhaka as a permanent resident of that Province, he was sent to England by his father in August, 1952 on a Pakistan InternationÂal Passport issued at Dhaka for receiving education there. Subsequently, his passport was renewed in the year 1963 from the office of the High..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....t No. 1, has arisen out of a suit for partition. 2. The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five persons Babu Khan had 8 annas share; Miajan Khan and Alimuddin Khan had 3 annas and odd each; and Ba......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....ormed by his cousin, P.W. 11, that Wazed had left his house in the evening for his faÂther-in-law's house and at that time accused Rashid and Mobarak were seen with Wazed, and about 10 to 12 unknown persons had abducted Wazed Ali from the way and it was apprehended that he had been killed by those ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......y eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....’s document and the defendant is in possession which was established on evidence. 13. It is well settled that in the case of successive transfers of the self-same property in favour of different persons by a common vendor by registered documents, the dispute as to the precedence of one document......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149....... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
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