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Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... 4 days Shariatullah was recovered in an unconscious state from a char on the river bank near Aftabi Bazar. Shariatullah then narrated that he had been abducted, bound hands and feet by the accused persons who took him from one place to another and ultimately left him on the river bank. He support..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......s. Mamtazuddin and another 36 DLR(AD) 14 and wrongly held that the questioned transaction was outside the partnership business between the complainant and the accused. 4. In determining whether a person is or is not a partner regard shall be had to the real relation between the parties, as sho..Category: Criminal Law | Date: | Hits: 44
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......tgage-deed" which includes every instrument whereby, for the purpose of securing money advanced or to be advanced, by way of loan or an existing or future debt, or the purpose of an engagement, one person transfers, or creates. To or in favour of another, a right over or in respect of specified pr..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......under s.116, T.P. Act, but she has been continuing as a tenant under her statutory right, that is, under section 2(8) of the Ordinance. This section defines a tenant and says that a "tenant means any person by whom, or on whose account, rent is payable for any premises and includes a ... person cont..Category: Property Law | Date: | Hits: 45
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......nce, 1982 (59 of 1982), section 4(3) The Acting Chairman merely functions in the office when the office is vacant but he is not the holder of the office as Chairman. The holder of the office is the person who is directly elected and it cannot vest in the office of the person who is indirectly elec..Category: Election Law | Date: | Hits: 128
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......itted that in appropriate cases the court has got power, and in fact has exercised power, granting bail on some reasonable condition. He has submitted that the Court while granting bail to an accused-person who is likely to leave the country before conclusion of his trial or hearing of his appeal ..Category: Criminal Law | Date: | Hits: 53
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... the appeals are allowed. The Evidence Act, 1872 (1 of 1872), sections 13, 43 and 65. The judgment Ext. 7(d) is not inter parties, and ordinarily a judgment cannot be used as evidence against a person who is a stranger thereto. But the judgment in a prior suit together with the plaint and othe..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... registered kabalas Exts. A and A (1) dated 13 March 1978 and kabala Ext. A (4) dated 28 April 1978. These kabalas, according to plaintiffs, are false and collusive documents executed by fictitious persons as Aider Sk. had no daughter like Unar Ma'. On the strength of these kabalas defendant No. 1..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ...... or illegal practices and other election offences and penalties thereof; and (n) any other matter connected with or incidental to elections. 5. Immediately after election the names of all persons elected as Chairman and elected members of the Union Parishad shall be published in the Offi..Category: Election Law | Date: | Hits: 165
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... is the expectation? To say it in short formula "if the defaulters are debarred in contesting local elections, how it is the defaulter can contest for the Parliamentary seat?" Take the case of this person, the appellant, he is debarred from contesting from the Union Council's election and it is ..
Category: Election Law | Date: | Hits: 212
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......cedure Code and appealable under section 36 (3) of the I.R.O. 9. M.L.O.19 may be considered. It was promulgated on 25th May, 1982. Paragraph 2 provides— "Any person aggrieved by any decision other than an award of a Labour Court, delivered before or after ..Category: Labour and Industrial Law | Date: | Hits: 98
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......sed or ignored on the plea that the security on the basis of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s personal liability for repayment of a loan, even though the principal debtor remains liable for the ..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......ection 39 to 55). The Act does not contemplate or deal with the concept of any partial dissolution or dissolution qua an individual partner. Section 4 defines partnership "is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting f..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......e of part performance succeeds only where one has been able to prove a contract. This is clear from the provisions of the section itself which is as follows: "53A. Where any person contracts to transfer for consideration any immovable property by writing signed by him or ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......f Rupchhaya Cinema Hall and has no interest in the suit properties. (e) Appellant never sold his interest to anyone. By creating false documents respondent 1 in collusion with local influential persons is trying to dispossess the appellant and is not furnishing any accounts of the cinema busin..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......less- it is forbidden by law, of; 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 person or property of another; or the Court regards it as immoral, or opposed to public policy. In..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ...... and others who since then harboured a grudge against him, as the prosecution case shows. Taking advantage of the civil disturbances and mass movement in the month of March, 1969, a great number of persons including these six respondents came put in a procession and raided the house of Nurul Hud..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......or bargadars for a period of three successive years; (d) When such interest has devolved by inheritance, under the law of inheritance to which such raiyat is subject, on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in..Category: Property Law | Date: | Hits: 112
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......ntract could give rise to the doctrine of part performance which is embodied in section 53A of the Transfer of Property Act. Section 53A reads as under: "53A. Where any person contracts to transfer for consideration any immovable property by writing signed by hi..Category: Property Law | Date: | Hits: 24
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