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Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is disÂmissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......The present appellants contested the case on the ground that it was not maintainable and it was barred by limitation. 4. The learned Munsif dismissed the case. The court of appeal below upheld the decision. ResponÂdent No.1 filed a Civil Revision Application in the High Court Division being Civi..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......Âtion. 3. The case of the respondents is that the liÂcencing authority cancelled the licence in terms of the contract and the licence was given to the MukhtiÂjoddha Sangsad in pursuance to the decision of the Government 4. The case of the Mukhtijoddha Sangsad is that its Central Command Co..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......dants asserted possession of 6 acres of land. They denied title and possession of plaintiffs. 5. Suit was dismissed by the trial Court which decided the relevant issues against the plaintiffs. Its decision was affirmed by the first appellate Court which held that the suit was barred by limitation..Category: Property Law | Date: | Hits: 35
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......atter. Subsequently, by his order dated 19th August 1984 the learned DisÂtrict Judge rejected the prayer for temporary injuncÂtion and vacated the order of stay. In doing so he placed reliance on a decision reported in AIR 1955 All. 64 holding that temporary injunction cannot be granted against ex..Category: Tenancy Law | Date: | Hits: 114
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......ed to sit was already over. These facts are also not disputed by the State. We have no manner of doubt that had the learned Judges of the High Court Division corÂrectly got the aforesaid facts their decision would have been otherwise. 8. In the facts and circumstances of the case particularly ha..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
...., 38 DLR (AD) 60, but the question considered there is not exactly on the point now before us. Since the question is of great public importance we propose to examine it at length in order to find the legislative intent in enacting this provision containÂing the prohibition against taking cognizance...... the alleged forged document was proÂduced in evidence in court it was the court alone which was competent to make a complaint. The learned Judges of the High Court Division, however, relying upon a decision of the Allahabad, High Court in the case of Emperor v. Raja Kushal Pal Singh, AIR 1931, AIL..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......n. The learned Munsif by judgÂment and order dated 14.9.67 rejected all the objecÂtions of the pre-emptee and allowed pre-emption. On appeal, however, the Subordinate Judge, Noakhali reÂversed the decision on the ground that the application for pre-emption was bad for defect of parties in that on..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ourt Division partly allowed the appeal by finding that accused Hira and Fira were not guilty of the crime and acquitted them. Excepting this modÂification the High Court Division concurred with the decision of the trial Court. Now in this Court it is a question of belief and non-belief-whether to ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......titioner argued that when the High Court Division was satisfied as to the prima facie case of the petitioner which led to the issuance of the rule the subsequent order vacatÂing the stay renders the decision inconsistent, inÂasmuch as the rule had not been heard as yet. In vacating the order of st..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....e court is enÂtitled to take into account the facts and events which have come into existence after the decree appealed against; consequently, the appellate court is compeÂtent to take into account legislative changes since the decision in appeal was given and that its powers are not confined only......, learned Advocate has apÂpeared for the appellants and Mr. Monowaruddin, learned Advocate has appeared for the respondent-Corporation. We have heard their arguments at conÂsiderable length and our decisions are being given instantly. 10. It may be noted that the respondent-Corporation did not ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....ance shall not abate, though an appeal is pending against it before any Court. The intention of the Legislature must be disÂcovered from the legislation itself. It will, therefore, be in accord with legislative intention behind the OrÂdinance concerned if it is agreed that the suit out of which th......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......e appellant had another remedy by way of revision and the ratio of the deciÂsion in 35 DLR (AD) 127 has no manner of apÂplication. It was observed: "In our view the observation made in that decision was with reference to the facts in that case. In that case the petition in the revisional..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......whatever before the court to set aside the ex parte decree by altering its own finding that the summons was duly served. In support of his contention the learned Counsel has reÂlied upon a number of decisions. On the other hand, Mr. A J. Mohammad Ali, learned Advocate for the respondent has contend..Category: Procedural Law | Date: | Hits: 89
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ...... Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case. Furthermore, the important finding of the trial court, which seems to be corre..Category: Property Law | Date: | Hits: 43
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......re-fore arises, is it imperative that the person/authority empowered to take action must himself or itself record the reasons for cancellation and finding as to the security of the public peace? Some decisions from the Indian jurisdiction were considered by the High Court Division which shows a conf..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....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 ......in respect of particular ballot papers and those were met. So, it is not possible that a valid ballot paper was left for counting in favour of either party. So, even though it is unfortunate that the decision in the case turned on two marginal votes only, there is no scope of interference………â€..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....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. ......l should not be accepted beÂcause of the fact "that not only the interest of the Chairman is affected, but also the interest of the Commissioners have also been affected." Reliance was placed on the decisions reported in 32 DLR 109, 16 DLR (SC) 476 and 22 DLR (Dhaka) 753 and finally the High Court ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ...... plot No. 492 measuring 3.71 acres is shown in the khatian as the homestead (Bari). In a suit for partition under section 4 the concept of the dwelling house has been settled by long line of judicial decisions and the learned Single Judge erred in reversing decree and remand it to the trial court as..Category: Property Law | Date: | Hits: 45
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......reasonableness of a customary right should be decided on the condition prevailing at the inception of such right or at the time when the Court is called upon to decide the matte; and (ii) whether the decision reported in 7 DLR 464 has been correctly interpreted in deciding the instant case. 6. Le..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......for certain religious and charitable purpose. The question was whether Ext. I Niruponnama was valid even after the death of Pramila and if it is valid then plaintiff gets nothing. On consideration of decisions cited at the bar the High Court Division affirmed the judgment and order of the appellate ..Category: Property Law | Date: | Hits: 32
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