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Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....ith P.W. 2 Abul Basher was coming from Harirampur Bazar and when they reached within 40/50 yards of the hut they heard an alarming sound of crying. P.W.3 stated that as some goods were in his hand he could not hurry up. P.W. 2 took his torch light and rushed to the place of occurrence. P.W.......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
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....n Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965) 17 DLR (F-B) 119; Katia Pillai. AIR 1929 Mad 393; Pether...... registered under the Registration Act, 1908 the Court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in hit books the fact of its cancellation." ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....i (1977) 27 DLR 451; Izat B. Sarkar 21 DLR S.C, 444; Subah Lai AIR 1932 (All) 393; Balaram 24 CWN 1057; Secy, of State Vs. Devendralal 38 C.W.N. PC 285; Adiluddin 5 PLR (Dae) 302; Lala Hera Chand 1942 A.I.R P.C. 64; Radhamoni 27 I.A. P,C 136; Bharat Pillai 46 IA. 285; Pillai AIR 1942 Mad. ......But of 13.1/2 pakhis of land Jobeda Khatun gifted 5 pakhis of land in favour of her son Abdul Qayum on 5.9.35 and Abdul Qayum in his turn mortgaged this land to Alfazuddin Ahmed on 22.10.35. Be it noted Rahat Baksha, the other brother of Hedayet Baksha and Elahi Baksha married Alfazuddin’s..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....according to law. A Judge may have sympathy for a litigant's suffering due to technicalities of law made by the legislature, still in view of the express legislative intention, he must follow the ''hands-off doctrine”. Otherwise chaos and anarchy would prevail leading to all sorts of complexit......r Chowdhury, J. Order of the Court By the 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) 1. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....arm witnesses and neighbors from adjoining huts came to the place of occurrence. She narrated the occurrence and her recognition of the accused persons to them. Some of the accused had torch in their hand. As to the grudge of the accused against her husband she stated that on 20th Bhadra, 1386 B.S. ......ign to perform some illegal act elsewhere may easily manipulate such entries in the record. Even so, such manipulation has not, as I could see, been very perfect and their visibility has been clearly noted by the trial Court. 34. For all these reasons and. above all, the unfaltering tenor of narr..Category: Criminal Law | Date: | Hits: 56
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... at paras 7 & 17; In re Ruttonjee & Co. vs Ltd. AIR 1969 Cal. 550 at para 2 and 85; R. Rangachari vs. S. Suppaiah, AIR I976, S.C 73 at para 6; Pasari Flour Mills, AIR 1961 Madaya Pradesh 340; Satish Chandra Banik vs. Dacca Jute Miils Ltd., PLD 1968 Dae 610. Mrs. A. Ananthalakshmi Ammal vs. Tijjin's ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....dul Islam, Advocate with him), instructed by Kazi Ebadul Haque, Advocate-on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Advocate with him), instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 2 of 1986 (F...... Invalid (declared by the Tribunal) — 69 Challenged votes — 2 Totals: 16.0 8. It should be noted that the total number of ballot-papers used in this centre, both valid and invalid, was 1620..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ...... be elected the contesting candidate whom the highest number of votes has casts and since there was no tie the rest of the provision of sub rule (5) need not be considered. 6. It is distressing to note that the Courts bellow have not considered the rules in proper perspective in this case. In the..Category: Election Law | Date: | Hits: 126
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record.—For the Appellants (in both the appeals). S. S Halder, Senior Advocate instructed by Ramesh Chandra Maitra, Advocate-on-Record- For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not ......rdle of section 439A (2) and 439(4). 14. Section 145 indicates that there should be a continuing danger of a breach of peace and use of the word "exists" in the present tense in sub-section (5) connotes that the dispute must continue to exist even at the time when the objection is raised. It is o..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ma [l903] A.C. 141; State v. Weatherly, 45 No. 20; Commissioner of Taxes v. Ford Motor Co. of Australia Pty. Ltd, [1941] St. R. Qd. 233; Rakhal Das Addy vs. Durga, ILR 1890 Cal. Vol. 17, p. 458; Hem Chandra Roy Chowdhury vs. Kristo Chandra Sana Sardar, AIR 1920 Cal 255 at p. 256; Rex v. Marsden (176......he definition of 'hat' as provided in section 2(12) of the State Acquisition and Tenancy Act, he submitted that it does not merely mean the name it bears or the place where it is held. A hat connotes each and every element included in the definition. He, therefore, most emphatically asserted t..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ip with defendant No. 2 by agreement dated 26.7.74. Tenancy was terminated on 1.1.78. Since the defendant had set up a case of plantain it was upon him to prove this fact. The plaintiff, on the other hand, had given evidence, namely, by P.W. 3 whose evidence was accepted on this point by the trial...... of the Act and section 23 of the Contract Act. As for sub-letting the trial court recorded the finding that the defendant had admitted the breach by sub letting the premises to defendant No. 2 be it noted that the agreement between the plaintiff and the tenant it dated 29.12.70 and the defendant se..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......olding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the contemner. In the Memo he has not only asked the Deputy Commissioner, Rangpur to note the absence of the Munsif Magistrate without intimation to the U.N.O. but hat also asked th..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....emented by the following decisions cited by Mr. T. H. Khan: Amir Sultan Vs Md. K Alam (1977) 29 DLR 295 AD; Maung Than V. No Pin, AIR 1934 PC 81, Hemshing V. Basant , AIR 1936 PC 93 ; Addikappa V. Chandrasekhara, AIR 948 PC 12 ; Shamsul Huq Sikder Vs Election Tribunal, (1975) 27 DLR 388; Md. Amja......ink fit. (3) The decision of the Election Tribunal on an election petition shall be final and shall not be called in question in or before any court." 3. These provisions, as will be noted, did not provide any appeal or revision against the decision of an Election Tribunal. The omi..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....at Baramoni gave the son of her to Amir Ali and Amir Ali took the son at the request of Raja Birendra. He served as a Pakhawala in the Rajbari. In cross-examination he conceded that the boy was no handed over at the Rajbari nor was he present when the boy was handed over to Amir Ali by Baramoni...... Thereafter Amir Ali married Zohura Begum in 1935 and she died on 6.2.66. The 4th wife plaintiff's mother Mst. Meher Shamsun Nahar who was married to Amir Ali in 1939 and she is still alive. Be it noted that Amir Ali died in April, 1967 about a year after the death of Zohura. The contention of t..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... the plaintiff regarding the identity of the land sold in auction nor was any objection on this ground raised before the Revenue authority or as a matter of fact before the Courts below. On the other hand, plaintiff appears to have known about the sale on the very day the auction was held and the sa......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....er if is available, and as such, rejection of his application for custody of, his son is clearly arbitrary. Mr. Karim contends that the welfare of the petitioner's son cannot be expected at the hand-of the divorced wife who may re-marry at any time. The question raised merits consideration......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... Cases Referred to- Jessel M. R. in Re. Stringer's Estate, page 384 L.R. 6 Chi; J. M. Singh v. Baldeo Singh. 49 I. A. 299; Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29; Abdus Satter vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....t in line with the National Pay-scales. From all these facts, the learned Advocate contends that the respondent was a government servant. 6. The learned Additional Attorney-General, on the other hand ,exclaimed that the Registrar of Co-operative Societies, though got no express power under the ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....w, mother-in-law and brother in-law respectively of Nurul Islam) and Mujaffar’s relations, appellants Kashi, Altab and Shamsul. All of them except Mujaffar were armed with baki-dao, each in their hands, while Mujaffar was carrying a dagger in his hand. As to appellant Jaida, he said, she held a ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....ry of two documents relating to an auction-sale in connection with a Certificate Proceeding. The Certificate Proceeding in question is C.C. No. 941/1963-64 of the Court of Certificate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his land measu...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
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