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Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... that Abdur Rashid 5 years before his death became paralysed, that defendant No.1 used to look after him, that through the men of his party the plaintiff has brought into existence the document in question, that defendants as co-sharers are in possession of the land as regard ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
...., the learned Counsel submits that it has pledged that it shall be a fundamental aim of the state to realise in a democratic process a socialist society..................... in which .........justice, political, economic and social, will be secured for all citizens. He emphasised on t......ammad Ali made observation appearing at page 116 of the paper book. 45. He then refers to Annexure-IV appearing at pages 118-119 in the paper book and submits that upon consideration of the documents including Annexure-I the High Court Division concluded: "We find from th..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
.... the two appellants constitute, at best, an offence of culpable homicide not amounting to murder punishable under section 304, Part I of the Penal Code. We are, therefore, of the view that ends of justice would be met if the two appellants are convicted thereunder. 15. In view of the disc......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ed in the schedule as absolute owners. As identity of owners of the Company and the land in schedule was same, the land was transferred by the owners to the Company in late 1964 by an unregistered document of sale and possession of the land was delivered to the Company immediately. The Company r..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
..... He contended that the people of Bangladesh in the proclamation of independence at Mujibnagar dated 10.4.71 incorporated fundamental norms of Government of the country including equality, social justice, humanity and sovereignty of the republic which were reaffirmed and expounded in the pre...... including its Preamble show the Principles and Ideals for which our national martyrs sacrificed their lives and our brave people dedicated themselves to the said war. Essential features of these documents are People's Sovereignty, Constitution's supremacy, Independent Judiciary, Democratic ..Category: Constitutional Law | Date: | Hits: 1934
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...... for a period of three years, which was renewed on several occasions, on the expiration of each previous period. It was held there that where the lessee after expiration of the period "fixed by the document" holds over, "it is the lease that is renewed with all the terms and conditions contained i..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.................................... Appellant Vs. The Chairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents Judgment November 20, 1988. Principle of natural justice A.C.Rs had been considered without previously informing the appellant of the adverse remar......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ppellants contend that the learned Single Judge of the High Court Division passed the impugned order without applying his mind and without stating clearly that it was expedient in the interest of justice to make a complaint. It is further contended that no case was made out under section 476 of ......s contained in that petition. The respondents filed an application for the restoration of those appeals on the ground that the petition of compromise was created collusively and it was a forged document. The High Court Division vacated the order dated 17th May, 1983 and restored the two appeal..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....Ex-officio means: Ex-Officio (ex of-fishe-o). From or by virtue of the office. A right or privilege in an office arising from one's status as the holder of another office, for example, the right of a justice of the peace membership on a town board. Mozlery & Whiteley's Law Dictionary, 9th Edition pa......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 ..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....bmitted that the alleged kabala which the appellants deny was relied upon by the High Court Division without considering the, genuineness of the said document and this has led to a miscarriage of justice. He also submitted that it was absolutely necessary to make an order of remand if the disput...... 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during trial, the a..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....for nearly a year would earn an interest of more than Tk. 1 lac. All told he has made a prayer for compensation of an amount of over Tk. 5 lacs to be paid by the appellant for the sake of even-handed justice. 9. The appellant, although in default in paying back the loan of the H.B.F.C, has had to......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....t application for restoration the court often takes into consideration, besides the grounds taken for restoration, whether any useful purpose will be served in allowing the same. In its anxiety to do justice the merit of the case is often considered by the court before exercising discretion in such ......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104...... Ali entered into an agreement with them to sell the suit property and took Tk. 15,000/-out of the agreed price of Tk. 25,000/-. Respondent No. 2 having failed to complete the sale by executing the document the appellants filed Title Suit No. 237 of 1984 for specific performance of contract in the..Category: Civil Law | Date: | Hits: 106
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. ......and is then admissible in evidence of his right. “Secondary evidence e.g. Photostat copy, which is not even proved legally, could not be admissible in evidence”….(12) Secondary evidence of a document is admissible in the cases specifically mentioned in s. 65 of the Evidence Act and if the o..Category: Procedural Law | Date: | Hits: 146
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....an Easements Act is not in operation, there is no reason why the principles underlying the provisions of the Indian Act, should not be followed in so far as they embody the rules of equity, justice and good conscience." What Mr. Khandkar canvassed was that the plaintiffs claimed cust......ge only for about 2 years before the institution of the suit." Plaintiffs purchased the suit lands in 1972 and filed the suit in 1974 and curiously enough the plaintiffs did not produce their documents of purchase before the Court. The Appellate Court below observed, “The presumption is ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....detailed poll process and to complete through the "Salvationary effort of a re-poll". To quote K. Iyer, J: "whether in fact or law, the order is validly made within his powers or violative of natural justice can be examined later by the appointed instrumentality, viz, the Election Tribunal." (A.I.......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. ..Category: Election Law | Date: | Hits: 165
....chieve by making the classification. A classification is reasonable if it aims at giving special treatment to a backward section of the population; it is also permissible to deal out distributive justice by taxing the privileged class and subsidising the poor section of the people. What is of fu......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
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Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......East Pakistan on the plea that they exchanged their property in India with the owner of the suit holding by exchange deed in 1949. Defendant's further case is that since they failed to show any valid document the defendant did not admit them as landlord nor paid any rent. 6. The S.C.C. Judge upon..Category: Others | Date: | Hits: 96
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... that the findings of fact arrived at by the lower appellate court on consideration of evidence have been illegally disturbed by the learned Judge of the High Court Division on misconstruction of documentary evidence, particularly the rent-receipts produced by the parties and also on wrong vie..Category: Property Law | Date: | Hits: 46
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