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Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....s and one month shall run consecutively. Ed. ......urrence took place in their kalai field at some distance from the ditch when the informants cattle trespassed into the field and, as such, the assault was in exercise of right of private defence of property and was justified. The learned Magistrate thought that this plea was not true and, on con..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ......ase terminated or plaintiffs title continued. This is a question which may be and ought to be determined in the present suit and it will be unfair to drive the plaintiff to go in for a title suit proper. I am, therefore, of the view that the suit is maintainable in the present form and the i..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
.........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv......nce of the defendant No. 1 is against the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Mohd. Idris Ali the pred..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....p; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. ...... co-sharers at the time of disbursement of compensation money. On receipt of this letter the respondent No. 2, the controlling authority, requested the respondent No. 1 to convene a meeting to take proper step, for removing the petitioner. Thereafter, the Deputy Commissioner, Khulna who is also ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....e court concerned. Ed. ...... on behalf of opposite party No. 2, on the other hand, contended that if the Sessions Judge found that the offence was triable exclusively by the Court of Sessions and the learned Magistrate had improperly discharged the petitioner, then he was entitled to exercise his jurisdiction under section..Category: Criminal Law | Date: | Hits: 82
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....red to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchan......on of the Superintending Engineer of the Circle for the time being in the manner provided by law relating to arbitration for the time being in force who after such investigation as he may think proper shall deliver his award which shall be final, conclusive and binding on all parties to this..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....I leave the parties to bear their own costs. Ed. ......, who was a reputed lawyer of the Narail Bar, died in Agrahayan, 1363 BS leaving her as the sole her as she was the only married daughter capable of bearing a child. Accordingly, she inherited the properties in question from her father and has been possessing the same through bargadars. The alle..Category: Property Law | Date: | Hits: 69
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....15 of the Letters Patent is refused. Ed. ......at naught; and in the said criminal case the principal defendants disclosed for the first time that defendant No. 1 executed a kabuliyat in favour of defendant No. 3 The plaintiffs thereafter made proper enquiries and obtained the certified copy of the kabuliyat which is dated 6.9.46. It is asse..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
..../- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......t in his decision on this point. The learned Subordinate Judge was wrong in holding the award is binding on the plaintiff as next reversioner inasmuch as the reversioner has no vested interest in the property. This finding of the learned Subordinate Judge is uncalled for and without any basis or the..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....he case. Ed. ......we are unable to agree with the learned Deputy Legal Remembrancer. 18. For the reasons stated above, the order of conviction, we think, should be an order for retrial of the accused under a proper charge. 19. In view of the order we propose to pass we thought it was neither necessa..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown,......for Pabna on a visit to his sister's house, so he was not in any way connected with the occurrence. The further defence appears to be that deceased Maleka Khatun was to get a share of his paternal properties now in possession of her step-brother Hobi Durani. That Chunnu, the nephew of Hobi Duran..Category: Criminal Law | Date: | Hits: 154
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....Court High Court Division (Special Original Jurisdiction) Presents: Siddiky CJ Kemaluddin Hossain J Pak Waterways..........................Petitioner Vs. EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This applicati...... Authority after observance of all formalities with the prior concurrence of the Director of Ports and Traffic". From the time-table annexed to the petition it is clear that it was granted by the proper officer oil behalf of the Authority. The contention of the learned Advocate for the petitione..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....l) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners V......said company. Section 25(3), therefore, cannot have any manner of application where a corporate shareholder nominates a director to the Board of a financial institution to represent it. It is only proper and legal that petitioner No. 1 company is represented by its own directors in the Board of ..Category: Business or Commercial Law | Date: | Hits: 106
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....l CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Result: Both the ap......aneous Case to have become infructuous finding that the victim girl was presently in the judicial custody by order of the Appellate Division and as such, her present custody could not be held to be improper or illegal. The High Court Division by the same judgment dismissed the appeal, Criminal Appea..Category: Criminal Law | Date: | Hits: 71
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ord......….(11) ()ii Before opening the election materials for recounting of ballot papers the Election Tribunal is to satisfy itself positively that those materials had been preserved by the proper authority in accordance with law and the same has also been found intact under proper seal a..Category: Election Law | Date: | Hits: 101
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St......t No. 1 suppressing the re-marriage filed OC Suit No. 5 of 1991 before the Upazila Court, Sonargaon impleading an unknown person as a defendant and obtained a decree on 24-7-91 for disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court perm..Category: Criminal Law | Date: | Hits: 69
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....llip;……………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents Judgment ...... The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not being found proper during the period of service prior to dismissal……………&helli..Category: Administrative Law | Date: | Hits: 144
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....y Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the High Court Division in Criminal Appeal No. 149 of 1998). ......inuing and some witnesses have been examined. The learned Judges also found no merit prima facie that arms were recovered from the possession of the petitioner. The learned Judges did not think it proper to release the petitioner on bail in a pending case where trial is continuing. 3. Mr...Category: Criminal Law | Date: | Hits: 66
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
.... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........to justify this bizarre conclusion. He was unable to do so. So our conclusion is that neither section 302 nor section 149 of the Penal Code has been discarded by the High Court Division upon giving proper legal reasons. The conviction under those sections has been set aside purely on whims and c..Category: Criminal Law | Date: | Hits: 80
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ......on has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the proceeding fail. The Government’s..Category: Property Law | Date: | Hits: 64
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