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State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....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. ...... and sections 162 and 164 of the Code of Criminal Procedure govern the law relating to confession. A confession or admission is evidence against its maker, unless its admissibility is excluded by provisions embodied in the Evidence Act. As the term confession was not defined in that Act the Cour..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... 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. ......ent to pray for their addition as parties to the Writ Petition, thus reading unnecessary complications and would cause unnecessary delay in disposing of the writ petition. In referring to the provisions relating to the principles for making parties to a suit as contained in the provisions o..Category: Property Law | Date: | Hits: 31
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....ia) Ltd. AIR 1962 Pan. 370. In both the cases a question as to termination of licence was involved. On termination of licence by the principal the suit for injunction was brought by him whereupon mandatory injunction was issued directing the defendant to vacate the premises upon the footing that...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......e 33. 8. Question was raised not only as to whether any loan was advanced to the appellants by the Sangstha under the tripartite agreement for which they may be proceeded under the provisions of Article 33 of the Order, but also as to when her the appellants could be said to fal..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......t in question is void and his right has not been affected thereby and, or, the defendant acquired no right thereby, then the reliefs are covered by both sections 39 and 42. In such cases provisions of sections 39 and 42 will over-lap. 8. A similar question was exhaustively deal..Category: Property Law | Date: | Hits: 86
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......nd rights to minerals in such estates, taluks, tenures, holdings and tenancies, except the inter-and rights which have already been by and have already vested in, tile Provincial Government under the provisions of the said Act." For acquisition of khas lands. Notification No. 4839-L .R, dated th..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....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. ......o appeal against the order rejecting the plaint. Leave is granted to consider the points raised." 10. Question which arises for determination is whether, in view of the bar imposed by the provisions of section 14A of the (Emergency) Requisition of Property Act the Civil Court had any j..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......nt- petitioner (appellant) not having setup any case except that of a lessee in his written statement, he is neither a necessary nor a proper party in the suit". In this connection he referred to the provisions of section 108F (d)-(g) and the case of Prassanna Moyee vs. Kali Das, (1881) 9 Cal. L.R. ..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......s Judgment April 22, 1986. The Criminal Procedure Code, 1898 (V of 1898), sections 265H, 265F, 265C & 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....ompany was not empowered to appoint the first auditors of the Company, as there was nothing to show that the audited balance-sheet and profit and loss account were ever considered by the and that the mandatory provision of section 131A regarding Director's report were ignored and even if the first A......), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only under the conditions provided under those provisions. Before exercising the powers conferred under section 79 (3), the Court must be s..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......on in favour of the Deputy Commissioner to file written statement. The learned Counsel has gone straight to Order XXVII of the Civil P.C. and has submitted that rule 1 of that Order has made specific provisions as to who is authorised to sign and verify the plaint or written statement by or on beh..Category: Tenancy Law | Date: | Hits: 108
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....'M' Form relating to ballot-paper account was not prepared by the Presiding officer and submitted by him to the Returning Officer though the provision for preparation and submission of 'M' Form was mandatory under the Election Rules. The Appellate Tribunal held that the 4M Form was not submitted t......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......tication of the declaration on the weekly 'Ispat' Kushtia printed, published & edited by Mr. Waliul Bari Chowdhury from Mukul Mudrayan, Masompur, Kushtia is illegal and as is required under provisions of sections 7 & 12 of the Printing, Presses and Publications (Declaration and Regis..Category: Information Technology Law | Date: | Hits: 226
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... any appeal, application, trial, inquiry or investigation which was pending immediately before such amendment takes effect shall be continued, held, made or disposed of in accordance with the provisions of the said Code as was in force before such amendment as if no such amendment had been..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......suit. The Appellate Division affirmed the judgement and decree passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole author..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ....... Section 23 of the Contract Act provides: "The consideration or object of an agreement is lawful, unless it is forbidden by law or is of such a nature that if permitted it would defeat the provisions of any law; or is fraudulent or Involves or implies injury to the persons or property..Category: Tenancy Law | Date: | Hits: 65
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....the Court should keep its hands off. This is more particularly so where the dispute relates to an election. Still more so where there is a statutorily prescribed remedy which almost reads in mandatory terms." 24. In Murree Brewery Co. Vs. Pakistan, PLD 1972 SC 279 the appellant filed wri...... on this point. 2. Before the amendment of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983) the hearing of an election petition was governed under the following provisions: "26. Election petitions.- (1) No election under this Ordinance shall be called in..Category: Election Law | Date: | Hits: 154
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....ied himself that the notification of sale has been duly published, and the notice of sale has been sent to the proprietor by registered post clearly indicates that without the compliance with the mandatory provisions of section 6, a sale will be a nullity, I am unable to accept this contenti......y a kabala 12th June 1936 are included in jote No. 5, Rajab Ali within mouza Dakshin Pahartali, P.S. Double Moorings, his interests were not affected by the sale "Mohal No, 5 Tafur Ali" under the provisions of Act XI of 1859. After the purchase appellant's predecessor got his name mutated in Mut..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....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 ...... In cases involving the question of guardianship their decisions are seen to be influenced by the concept of welfare of the minor child concerned. In his connection it may be mentioned that under the provisions of Guardians and Wards Act, the Court to whom an application is made under that Act is to..Category: Family Law | Date: | Hits: 152
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ...... The rest of the land can be settled by the Government vide section 76: ''(1) Except as otherwise expressly provided in this Act, any land which vests in the Government under any of the provisions of this Act shall be absolutely at the disposal of the Government; and the Government s..Category: Property Law | Date: | Hits: 37
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