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Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....cused No1, Shamsuddin and others, who detained him in their camps of Lalbahini and since then no trace of his nephew was found. It was alleged further in the first information report that the accused persons had organized Lalbahini in the village Sonaikundhi, carried out various acts of torture, plu......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ...... Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
....rd arguments made by Mr.S.S. Pal, learned Counsel for respondent Nos. 1 to 3, and by Kh. Mahbubuddin Ahmed, learned Counsel for respondent No. 4. In pursuance of a Tender Notice dated 6-11-86, eleven persons submitted tenders for purchase of the vessel, Banglar Doot, whose official price was stated ......laintiff as set out in his plaint is that respondent No.1, General Manager of the Shipping Corporation (respondent No.3), by a public advertisement issued in newspapers invited sealed quotations from interested parties for sale of the vessel "both on cash/credit basis" with a direction that the seal......87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
..... 7. The learned Counsel placed before the court the notice in "Form umo”. This notice is under Rule 10(1) of the Requisition of Property Rules 1948 for the purpose of ascertaining the person or persons to whom requisitioned property on release is to be restored. This notice was issued on 28.3.......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......ssed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... in him, functions mainly of managerial or administrative nature." 7. Respondent claimed that he got supervisory power, but there is nothing on record to support his claim. There are only two persons in the Store section of the Mills, one is the Store-clerk Yar Ahmed and the other is the Sto...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......rent grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence of the appellants under sections 302/109 Penal Code. 2. The appellants along with forty (40) others were put on trial before the Additional Sessions Judge, Rajshahi. Forty two (42) accused persons including the present appellants were charged under section 148, 364/149 and 302/149 Penal C......ilty for the alleged murder of Jamshed. The first question that ought to have occurred to the learned Judges was whether Jamshed was at all killed in the manner as alleged by P.W.4 Mobarak. (a highly interested and partisan witness whose own escape raises grave doubt about the whole occurrence) when......cquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....nt nor Ismail was given possession of the suit property though he trespassed in the suit property in August, 19-70. The suit property became enemy property and the Custodian had leased out to several persons on monthly rent and they were in possession. 4. In the meantime on 12.7.72 one Sova Rani ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......rder as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....rgument to be convincing, for the remedy by a quo-warranto proceeding, in which the title to a public office may be questioned by any person, is independent of remedy available to a limited number of persons having personal grievances; Moreover, the election-petition may be withdrawn by way of compr......is a candidate since he may challenge the rejection of his nomination by filing an election petition and also by taking recourse to other procedures; the former who has withdrawn from the race is not interested in the election. Respondent-petitioner who withdrew voluntarily got no grievance against ......costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....f death. Surgical operations are sometimes resorted to for saving the life of an injured person when brought to hospital. If death of the injured is blamed on the surgeon performing the operation the persons responsible for the fatal injuries will easily escape punishment……(5 & 6) If the ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......0 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... it had not been dislodged. 10. Neither the sons of Surendra had come forward to challenge it nor any other heirs of Surendra questioned the document. It is being questioned by certain interested persons, namely, defendants 3 to 5, who were the bharatias of Surendra for last 30 years or so and w......attached to it had not been dislodged. 10. Neither the sons of Surendra had come forward to challenge it nor any other heirs of Surendra questioned the document. It is being questioned by certain interested persons, namely, defendants 3 to 5, who were the bharatias of Surendra for last 30 years ......as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman 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: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....e 7 in the mandatory term prohibits compromise without leave of the Court which must be expressly recorded in the proceeding and in the absence of such compromise shall be voidable against all the persons and void against the minor. 10. Reading the Provisions of Rules 6 and 7 of Order 32......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......age where it was left. There will be no order as to costs. Ed. ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....he Manager of the Sonali Bank, Malibagh Branch, in which both the company and the respondent-petitioner had Accounts, temporary loans were raised by the bank manager for the company from different persons including the petitioner and for that purpose a signed cheque-book along with a signed lett......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......s are dismissed without however any order as to costs. Ed. ......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... lodged first information report which was recorded at about 10-30 P. M. that very night, that is, within two hours of the time of the incident. The police investigated the case and prosecuted six persons including these three appellants on charge of murder before the Additional Sessions Judge. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......t. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
.... giving my own reasons against their outright acquittal. 2. The six respondents were convicted for murder and sentenced to death by the Additional Sessions Judge for burying alive three persons, allegedly thieves and bad characters of the locality, but on appeal the High Court Divisio......ng to the Police Station which is six miles away went to the Magistrate's Court 28 miles away; (3) Interested persons, such as members of Khijir's family have deposed in this case, but no disinterested persons of the locality have been examined; (4) Dead bodies were-not recovered imm....... The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
.... Court Division Dhaka (Sultan Hossain Khan, J) affirming in revision the decree passed concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test examination and interview, selected for appointm......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ...... is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....absconsion on the face of the FIR is not unusual and does not point to their guilty conscience. Their absence from their house is capable of a legitimate explanation. (b) the fact that the accused persons have been seen in Srimongal bazar in the shop of P.W. 9 would not "conclusively lead to an i......d left for Sreemongal in the company of the two accused a little before sunset. Again, that they were together in Sreemongal at about 7-30 P.M. has been testified to by P.W. 9, Profulla Das, a disinterested witness, who is a co-villager of the parties having a shop at Sreemongal Bazar. P.W. 2, a......d to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... deed registered in 1965. Respondent-Government however, enlisted the same in the list of abandoned properties in 1973 without issuing any notice upon him at the instance of certain interested persons. Since 12th April 1972 when appellant made his first representation in writing to the ......under sale deed registered in 1965. Respondent-Government however, enlisted the same in the list of abandoned properties in 1973 without issuing any notice upon him at the instance of certain interested persons. Since 12th April 1972 when appellant made his first representation in writ......, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......e business of the company consists in import, sale and servicing of computer machines of various kinds, manufactured by reputed Foreign Firms including Tandy and IFM and also in imparting technical education and training in computer science and technology. The company got a clientele of 300 compu..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....make settlement thereof in accordance with rules to be made by them. In the absence of any such rules, the government must follow certain fixed structures, principles or guide-lines applicable to ail persons seeking settlement and shall not act arbitrarily or in discriminatory manner. In these circu......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ...... the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....as Chowdhury, Sayed Ahmed and Rafiqullah, trespassed into his dwelling hut by breaking open the door and its fencing and started beating him by fists and blows. When P.W.1 raised alarm the accused persons threatened and compelled him to keep quiet and tit at the southeast corner of the hut. The ......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......tted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
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