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Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to office of any person who is, or purportedly, holding a public office whenever it is found that the said functionar..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......operations the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. Surgical operations are sometimes resorted to for saving the life of an injured person when brought to hospital. If death of the injured is blamed on the surgeon performing the ope..Category: Criminal Law | Date: | Hits: 62
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a 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)(1987) 223. ...... it, it being a registered document under section 60 of the Registration Act a strong presumption is attached to it as the Privy Council stated in 33 I.A. 60 “what remains to be shown is that the person admitting execution before the Registrar was this Purshotam Das and no imposter. The question..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ...... Court for compromising the suit on behalf of the minors as requited by rule 7 of Order 32 of the Code of Civil procedure. 8. At the time of hearing of the appeal the appellant submitted in person that he was unable to engage a Counsel be-cause of his poverty. He is a rickshawala but he p..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......riod of limitation"—the learned Single Judge of the High Court Division asked the Deputy Attorney General of the Government of Bangladesh to file an affidavit disclosing the name of the person responsible for the delay. As the supplementary affidavit, affirmed by a dealing assistant o..Category: Procedural Law | Date: | Hits: 102
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... lodged first information report which was recorded at about 10-30 P. M. that very night, that is, within two hours of the time of the incident. The police investigated the case and prosecuted six persons including these three appellants on charge of murder before the Additional Sessions Judge. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......ed Custodian of money which would but for these rules be payable to or for the benefit of an enemy firm or which would but for the provisions of rule 177 and rule 180 be payable to any other person, and upon such payment the said money shall be deemed to be property vested in the prescrib..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ...... giving my own reasons against their outright acquittal. 2. The six respondents were convicted for murder and sentenced to death by the Additional Sessions Judge for burying alive three persons, allegedly thieves and bad characters of the locality, but on appeal the High Court Divisio..Category: Criminal Law | Date: | Hits: 46
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. ......d and the neck and fits properly with the neck of the dead body including the colour and structure of the skin of both parts which indicates that the head and body of the same person. 7. P.W. 12 Jafar Ali searched out the dead body at the request of the police. P.W. 14 sta..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. ...... deed registered in 1965. Respondent-Government however, enlisted the same in the list of abandoned properties in 1973 without issuing any notice upon him at the instance of certain interested persons. Since 12th April 1972 when appellant made his first representation in writing to the ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......larity between the names of the two banking companies and whether the ordinary public would mistake one for another. The questions were answered in the affirmative and it was observed that "a person shall not trade under a name so closely resembling that of the plaintiff as to be mista..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......1961 Assam 101 (FB) this point is high-lighted when the Court observed: "Where a contract is given by the Government to the petitioner which is subsequently cancelled and given over to another person, there is no discrimination, because It is perfectly open to the Government, even as it is ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... 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. ......f the principal he was under an obligation to vacate the possession. Mr. Asrarul Hossain, in this connection, has referred to section 20 of P.O. No. 95 of 1972 which has cast an obligation upon any person who happens to be in possession of any property of the erstwhile Insurance Company to deliv..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. ...... 4. Being aggrieved, appellants moved this Court against the order of the High Court Division and obtained special leave to appeal to consider the contentions that since the appellants gave no personal guarantee for the discharge of any liability of appellant No.1, they are not liable to rep..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. ......d therein when a suit is brought for declaration of nullity and, or for cancellation of any written instrument. For better appreciation both the sections are quoted below: "39. Any person against whom a written instrument is void or voidable, who has reasonable apprehension that..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......at he was very much well affected to Alfazuddin Ahmed," Alfazuddin Ahmed immediately after his purchase created temporary lease by as many as 7 kabuliyat Exts. B series through different persons in respect of the suit land from 1936 to 1961. The appellate court below commented that by ..Category: Property Law | Date: | Hits: 50
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. ......r 9 years and it was renewed from time to time upon 1956. 9. The Bengal Municipal Act 1932 provided the constitution of the Municipality and it provided further that the Municipality is a legal person which could sue and be sued. See section 15(2). It could also own land and dispose of it. See..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. ......espondent no. 1 who is merely superintendent of the Madrasah and a paid employee. For the purpose of Madrasah the acquisition was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocatio..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them 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) 311. ......n the west bhiti hut in village Agarpur Temnipara, P.S. Kuliarchar the accused persons entered the hut by opening the eastern jhap door. She woke up and lighted the kupi bati. She saw seven accused persons inside the hut who assaulted her husband. All of them ran away after causing several injurie..Category: Criminal Law | Date: | Hits: 56
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 ......ng 22-12-83 for trial. On 22.12.83 the prosecution sought for further time as the witnesses could not be produced. The learned Judge, however, rejected the prayer for time and acquitted the accused persons observing as follows: "13. 22-12-83. All the accused Persons are present in cou..Category: Criminal Law | Date: | Hits: 38
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