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Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
...........Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The pa......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....overnment filed an affidavit-in-opposition and in paragraph 6 it was mentioned that though the petitioner undertook some development works "but those were not upto the mark of satisfaction of the department as well as of the local people". In paragraph 11 it is mentioned that the enquiry commi......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....ction 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of the transferor's family have a right to live. Once the partition decree is made in preliminary form the rest is for the Commissioner, but the Court at that......e of the appellate court's judgment: "Here the learned Munsif has asked the Advocate Commissioner to assess the value before passing the final decree. The learned Advocate Commissioner will make investigation as to the value of the property concerned and then submit his report to the Court and ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....idence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 wanted that Nanda Lal should be killed and at their behest Amar struck Nanda Lal. This court have not come across anything particular in the evidence upon which it can be said that appellants 2-4 had any intention of their ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....with him), instructed by Syed Sakhawat Ali, Advocate- on- Record- For the Appellants. Rafiqur Rahman, Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 1......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
.... dismissed although the conviction under Section 201 Penal Code was set aside. 11. Leave was obtained raising the following submissions: (1) that the prosecution case as to leading the Police party to the latrine, recovery of the dead body therefrom and washing of the same by the accused him......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....and 3 The impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this......Chowdhury 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: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....k Khan being dead his heirs Shazu Bia & Ors..... ............................Respondents Judgment July 26, 1987. The Evidence Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot b...... remanded the case for a fresh decision on the point whether plot No. 215 was identical with item No.1 of Babu Khan's kabala Ext. B after giving the defendants an opportunity for taking out a local investigation, and for disposal of the suit according to law. 7. In Second Appeal the High Cour..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....ve who came to collect the same. Defendant-appellants never stopped payment of rents from April, 1973. It was not true that the respondent's rent collector went to the appellants during the later part of October, 1973 for collection of rents when defendant appellant No.2 showed him temper or s......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....re acquitted by the impugned order dated 10 January, 1984. Against this order of acquittal leave was granted by us to examine the question raised by the State as to whether the evidence on record particularly, the direct evidence of P.Ws.9 and 12, was improperly rejected by the High Court Divisi......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....half of the appellants but could not be considered for want of oral evidence as held by the High Court Division and on such finding the suit ought to have been sent back on remand as it is a suit for partition. Thus the suit is sent back on remand with permission to examine witnesses in support of t......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....aken in the pleading and has to be established by proof of some overt act indicating landlord's intention to waive such default. 7. Mr. Sen by referring to information gathered from the Accounts department of the office of District Judge,Chittagong on 26th December 1984 which showed nonpayment of......hief Justice. 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: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....(I of 1872) Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, therefore, is prima facie apparent. Ev......ntly handed over to the police. Azizur Rahman was admitted in the Rangpur Medical College Hospital for treatment where he died after fourteen clays on 18.8.79. Police on being informed by P.W.1, held investigation and submitted charge sheet under the aforesaid section. 3. At the trial 11 witnesse..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....vocate-on-Record—For the Appellant. Respondent Nos. 1 & 4-Dead; Azizur Rahman Chowdhury, Advocate, instructed by Miah A. Gafur Advocate-on-Record-For Respondent Nos. 2-3 & 5-7. Ex-parte — For Respondents Nos. 8 to 23. Civil Appeal No. 125 of 1983. (From the judgment and ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
.... 8. Dr. Kamal Hossain, learned Counsel next argued that the equitable principle as laid down in section 53A of the Transfer of Property Act is available to the appellant, in view of the fact that in part performance of the contract the appellant took the possession of the suit land and the contract......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....d by Ranesh Chandra Maitra, Advocate-on-Record. – For the Appellants. B. Hossain, Assistant Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record. - For Respondent Nos. 1 and 2. Ex parte - Respondent No.3. Criminal Appeal No. 17 of 1986. (From the judgment and order dated ......ission of inquiry for the purpose of making an inquiry into allegations from various quarters that many heinous offences could not be tried and therefore went unpunished, because a lack of proper investigation or due to extraneous reasons." The term of reference of the Commission of..Category: Criminal Law | Date: | Hits: 46
.... set out in his plaint is that respondent No.1, General Manager of the Shipping Corporation (respondent No.3), by a public advertisement issued in newspapers invited sealed quotations from interested parties for sale of the vessel "both on cash/credit basis" with a direction that the sealed quotatio...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....resaid Musa Sarkar was alleged to be the prime mover, the main man among the accused. He hails from Char Kajla which is to the adjacent west of Char Khojapur wherefrom the main man of the complainant party Md. Sohrab (P.W.1) hails. Musa Sarkar, admittedly an influential person, has houses at two oth......-30 P.M. on the same day i.e. 14.3.68. The same was treated as F.I.R. and a case was registered. P.W. 17 Sultan Mahmud, Second Officer, Paba P.S. was asked to investigate the case who upon completing investigation submitted charge sheet. The investigating Officer upon receipt of an information from ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....en 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 maintainable inasmuch as heirs of Hemnalini and the Custod......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. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....espondent No.1 filed the Writ petition asking for an information as to under what authority the appellant claims to hold the office of chairman which is a public office alleging that the appellant is party to a contract for some work to be done for the same Upazilla Parishad and has otherwise pecuni....... 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. ..Category: Election Law | Date: | Hits: 132
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