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Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
.... Powers Act. The Sessions Judge called for the records and passed the following order, the legality of which is under challenge: "Seen the F.I.R. and police diary. It appears that accused persons who are relations of the Informant have great enmity with the complainant. That is why the......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....d to other cases touching on the point. One is of Haji Joynal Abedin and the other Khondker Ehteshamuddin Ahmed Iqbal. 9. In Haji Joynal Abedin's case the conviction and sentence of five accused persons passed by the Special Martial Law Court was challenged and the question was whether the orde......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......he observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....ly technical question by giving a glance on the map of Bangladesh totally ignoring the fact that fixing of baseline for determination of the territorial waters is a technical matter, which is done by persons having expert knowledge. It is the legislative function to determine it by the law enacted......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......igh Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....e appellant's possession is not conclusive in that the Magistrate held in the previous trial that the gold was not recovered from exclusive possession of the appellant but it was recovered from other persons also who resided in different rooms of a three-storied building. Wordings of the Magistrate'......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......eal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....han a mere right of occupation on payment of rent was liable to be ejected on fifteen days notice. How this uncertain, if not precarious right of occupation, can become an estate to be inherited by persons who have never occupied the premises? It is a proposition which is untenable; In that even...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......e trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y. That of course is not to be so extended to include object beneficial to the whole mankind, but an object beneficial to a section of the public. It is not necessary that the object should serve all persons living in a particular country or province. It is sufficient, if the intention is to benefit......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ...... view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......ch purposes or in the case of Muslim trusts commonly known as wakf-al-al-aulad, the income applied there to." “Explanation: In this section, charitable purpose includes relief of the poor, education, medical relief and advancement of any other object of general public utility." ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... the dead body was thrown into the river. The petition was forwarded to the Officer-in-Charge of Bajitpur Police Station and a case was registered in the Police Station on March 9, 1976 against seven persons, namely, (1) Chand Meah, (2) Aziz, (3) Hiran Miah, (4) Boster Meah, (5) Shahnawaz, (6) Kanch......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......lowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....ding was lying in general words. The charter party contains clause No. 31 which is as follows: "Should there be any dispute between owners and Charterer, the matter shall be referred to three persons in London, one to be appointed by each of the parties hereto and the third by the two of......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
.... Facts briefly are as follows: The petitioners along with four others were found to have been carrying Indian Kumbi leaves into Bangladesh near Nayerchar in Rangpur District. They were arrested persons allegedly disclosed the name of the petitioner as the owner of the goods. Thereafter Police ......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......age. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....this Act, and sub-section (2) of section 36 of the Land Acquisition Act, 1894, so far as the same can be made applicable, and he shall give immediate notice of the assessment to the person or persons interested: Provided that in determining such market value the Court shall take into ac......, and sub-section (2) of section 36 of the Land Acquisition Act, 1894, so far as the same can be made applicable, and he shall give immediate notice of the assessment to the person or persons interested: Provided that in determining such market value the Court shall take into account ......trict Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....n. (c) One officer not below the rank of Joint-Secretary from amongst the Officers of the Scientific & Technological Research Division to be nominated by the Government; (d) Two persons to be nominated by the inter University Board from amongst scientists employed in the ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....Law the right of Shufaa or pre-emption is a right which the owner of an Immovable property possesses to acquire by purchase another immovable property which has been sold to another. Three classes of persons are entitled to claim pre-emption, namely: (1) a co-sharer in the property (shafi-i-sharik......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ...... This Case is also Reported in: 32 DLR (AD) (1980) 54 ...... excepting in one case where it was held "touching or in contest with". While commenting on the case Haynes Vs. King the learned Chief Justice made the following observation:— "No person of education or intelligence would understand, or suspect, that a writer or speaker was using the wor..Category: Property Law | Date: | Hits: 66
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....ontext. 12. A reference to the principal clause of section 50 reveals that the Administrator has been authorised to decide whether a property is waqf or not when such a question is agitated. The persons involved in disputing such property may be person not interested in the waqf and person who ......rict Judge and any order made by the District Judge is appealable to the High Court whose decision will be the final……………….(9) Section 50 “Any Person aggrieved” means any person interested to challenge the order made under section 50. Section 102 Provisions of the Waqf Or...... In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....sed as public path, attacked the informant and other villagers who protested and caused injuries to them by using a gun. Police held investigation and a charge sheet was submitted against the accused persons under section 148/324/431/379 B P.C. The informant moves the Subdivisional Magistrate, Syl......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......he Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the appellant who travelled from Bangkok to Dacca on 27.3.77, had not allegedly declared all the foreign currencies he had with him. When, however, the Customs Officials were about to search his persons, the appellant declared that he had some more undeclared foreign currencies. A proceeding wa......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......son. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....1975. On the basis of the charge sheets the respective Tribunals took cognisance of the cases. The allegations in the Special Tribunal case No. 258 of 1976 are that the respondent and other accused persons named in the First information Report belonged to Jatya Ganataatrik Dal. In a public meeti......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ording to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
.... 2. Facts giving rise to this appeal are given briefly below: On the night of 1 December, 1987, a shallow tube-well machine of P.W. 1, Apiluddin, was stolen from his field by some unknown persons. At about midnight the police of Bogra Kotwali Police Station caught accused Shafiul Alam (......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ...... set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
.... the right of pre‑emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides right of pre‑emption to the co‑sharers and to the persons having land contiguous to the land transferred. In both the cases the person claiming pre&......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......peal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
....mitting half of the rent to one landlord and another half to other landlord the tenant bifurcated the tenancy itself. The ground was totally baseless, for, when the premises was sold to two different persons under two separate registered deed , the payment of the rent to both the landlords who becam...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Kalu and another Vs. State, 1993, 22 CLC (AD)
....d by the defence. Defence case was that Tegu who was a thief was chased by a large number of students and co‑villagers and was killed by unknown assailants and his body was concealed by known persons. Due to previous enmity P.W.s. 4 and 5 implicated the appellants. Though the assessors foun......he Penal Code, the appellants' conviction under the latter section could not stand; and ii) Since the conviction is based solely on the evidence of the mother, P.W. 4, who is a highly interested witness, it cannot be sustained. 4. It appears that both these points were ca......e of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Criminal Law | Date: | Hits: 58
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