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Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....accused appellants. The question is whether such proceeding is liable to be quashed. Inherent power has been given "to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. In series of decisions of the Court and of other Courts; the scope of extent of section 561......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....ch notice on 28.3.85. The learned Counsel contended that the impugned order modifying the order of de-requisition was illegal, inasmuch as the same was issued in violation of the principle of natural justice. 7. The learned Counsel placed before the court the notice in "Form umo”. This notice i......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......desh was added as defendant No. 4 and it adopted written statement filed by the Assistant Custodian of Enemy Property. 6. The trial court decreed the suit holding that the Bainapatra was a genuine document and the appellants were in possession of the part of the suit property and the suit is main..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....e defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as provided in rule 8. For protecting the rights of the parties or for securing the cause of justice. However the court can pass an order of inspection and preparation of inventory without givi......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
.... High Court Division's observation that there was doubt whether the death was due to these injuries or to surgical operations performed on the injured person, was perverse resulting in miscarriage of justice. 3. This centres round the death of one Shantu who was an employee of Pabna Al-haj Textil......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. ..Category: Criminal Law | Date: | Hits: 62
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......ngs 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 o..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
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. ......since last 30 years back as the bharatia of the original owner of Surendra. This much is admitted that the defendants executed a kabuliyat in 1970 in favour of the plaintiff. This is a registered document. The plaintiff claimed that the three sons of Surendra gifted the property by a registered ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ...... 4 Mani Mohan Roy and others. On the disclosure of defendant No.1 Radhika Jiban Sit that a stamp paper and cartridge papers, purchased earlier on 17th February, 1967, were available for writing the documents the scribe Asmat Ali wrote the agreement to sell at the direction of the defendants. Defe..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....il 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 prayed for justice. Mr. Abdul Malek a Senior Advocate voluntarily offered his service to appear a......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. ..Category: Property Law | Date: | Hits: 32
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....as got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceedings "for ends of justice" irrespective of the fact that the application was rightly admitted for hearing. Simil......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... in saying that bitter matrimonial relationship played a part in this nefarious situation and while inflicting sentence such relationships cannot be overlooked. In this case, we think, ends of justice will be met if the three appellants are sentenced to transportation for life instead o......rder which originated from the bitter relation between Elias and Laily who administered poison in his food a year before this incident has been substantiated by strong evidence, both oral and documentary, such as Ext. 9, which is a copy of petition filed by Elias in court. 7. Mr. Se..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. ......bed and regulate the collection of an accounting for such fees ; (f) require any person to furnish to the Custodian such returns, accounts and other information and to produce such documents, as the Custodian considers necessary for the discharge of his functions under the order..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....nce and attending circumstances against the accused. I agree with my learned brother that interference with acquittal by this court is not resorted to except in a case of gross miscarriage of justice either caused by perverse finding of fact or by erroneous view of law In the instant c......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. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....d apprehended that the matter of tenders was going to be manipulated in favour of Doongaji. He in this letter dated '20-11-46" brought, this matter to the notice of the Commissioner of Excise seeking justice and fair play. This letter bore an endorsement of accused No.1 bearing the date "21-11-46" t......an inquiry which resulted in the prosecution of both accused No. 1 and accused No. 2 on charges of criminal conspiracy for forging tenders, for committing forgery of the tender Ext. P-3 and another document, Ext, P-24. 55. The trial Court, a Special Magistrate, acquitted both the accused from t..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....certain condition and the authority in doing so performs the function of the affairs of the republic. When such authority oversteps or commits breach of rule or even in breach of principle of natural justice certainly such lapses and breaches can be challenged by Invoking the extra-ordinary Constitu......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. ..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. ......ng of this sort was mentioned anywhere in the Deed, Ext.1, and this claim is entirely retted upon oral evidence of the vendor. Oral or extraneous evidence to contradict the terms of the contents of a document is inadmissible under section 92 of the Evidence Act. His oral evidence has been corrobor..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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....y;dance) to go to the Police station, so near to the place of occurrence, and such omission, in our opinion, has affected the decision based merely on oral evidence and cause a miscarriage of justice. That there could be a concocted story of burning of the dwelling hut in order to falsely i......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
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