Search Options
Judgment Advanced Search
Displaying 4481-4500 of 5057 results.
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree 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. ......ithout any order as to cost. The judgment and decree 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. ......er & others..................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy...... to prove that defendants No. 4 to 6 are the heirs of Samad Ali, that they failed to adduce any material evidence to show that Samad All's tenancy was ever continued, that the plaintiffs created some documents in collusion with defendants 2-6 taking advantage of the entry in the khatian Ext. 3 when ..Category: Property Law | Date: | Hits: 43
....matter as they were taking up the matter for enquiry and necessary action. He forwarded the case to the Divisional Commissioner, Khulna who on his part forwarded the case to the Government with all relevant papers expressing agreement with the recommendation of the officers. The higher authority...... they were taking up the matter for enquiry and necessary action. He forwarded the case to the Divisional Commissioner, Khulna who on his part forwarded the case to the Government with all relevant papers expressing agreement with the recommendation of the officers. The higher authority of the G......ahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. .................................Respondents
Judgment
July 29, 1987.
Result:
......B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed 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 ......e in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronted with application on objection 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......udgment 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 parties confronted with a...... 4. The appellant contested the election petition by filing a written objection denying all the material allegations made by the respondent. 5. Several witnesses were examined on either side and documents proved in support of respective cases. During the pendency of the election petition as man..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....t that has been raised before us. 17. Mr. M. Nurullah learned Counsel citing these cases intended to develop the point that principle of natural justice is to be understood in the context of the relevant law and facts of each case. There is no dispute with this proposition. Now the question is ......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. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am......y and sub-section (2) the enquiry officer shall have the powers of the Court under the Code of Civil Procedure 1908 to take evidence and to compel the attendance of witnesses and the production of documents. On the conclusion of such enquiry the next step is given by section 135 which says "if af..Category: Election Law | Date: | Hits: 118
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....custody about concealing of the dead body is admissible under section 27 of the Evidence Act as such information was followed by recovery. The deceased was admittedly living with the appellant at the relevant time and thus he was obliged to give an explanation as to how his wife had met with her dea......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 ......the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by ......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)
....d property under Article 2(1)(i) of P.O. No.16 of 1972 and in the circumstances the learned Judges of the High Court Division erred in making the rule absolute upon an erroneous construction of the relevant provisions of law referred to above." 3. The crucial question is, whether the suit prope......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. ......t of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A......he stated that he was a British subject and prior to becoming a British National he was a Bangladeshi Citizen. 47. On 16th July, 1984 the Government asked the respondent's mother to produce some documents-respondent's British Nationality Certificate, his declaration that he relinquished Pakis..Category: Immigration and Citizenship Law | Date: | Hits: 214
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....d Mobarak; direct evidence of P.Ws. 9 and 12 who stated that they had seen the accused persons killing Wazed by inflicting several blows with daggers and ram-daos at about Magreb prayer time of the relevant day; the extra-judicial confession of accused Joynal to the Chairman (P.W.2) that the accus......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 ......n (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J The State……………………Appellant Vs. Abdur Rashid Piada alias Abdur Rashid Sardar and others..............Respondents Judgment July 27, 1987. The Code of Criminal Procedure......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)
....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 ......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 ......der Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ...... Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be conside..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....XXXVII of 1983 came into force and this Ordinance extended the period for conclusion of trial of the cases which were pending on the date of its commencement. Article 8 of the Ordinance, which is relevant for the purpose, is quoted below- "8. Special extension of time limit in certain ca......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......spondent Judgment August 18, 1987. The Code of Criminal procedure, 1898 (V of 1898), Section 339C read with Ordinance No. 37 of 1983 Time limit for trial was extended from time to time and the last date for conclusion of trial was on 30/06/1985. The order being passed on 19/03/1995 du......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....e Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position correspondence made between the parties in the disputed matter and other relevant papers should be taken into consideration even though those papers were submitted before th......te Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position correspondence made between the parties in the disputed matter and other relevant papers should be taken into consideration even though those papers were submitted before the trial c......s also Reported in: 40 DLR (AD) (1988) 86 ......thority of the United Grand Lodge of England. The learned Attorney General filed a prayer for additional evidence with certain annexures while adjudicating the appeal "to consider the above-mentioned documents at the time of hearing of the appeals in the interest of justice, otherwise the appellants..Category: Property Law | Date: | Hits: 39
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....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.......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.......n Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back......stablished on evidence. A document that has been registered relates back to the date of its execution and when the question of title as between the two contestants claiming on the basis of successive documents executed by the self-same vendor must be determined with reference to the title to the lat..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....since then the victim's whereabouts were not known. This information was lodged on 7.8.82. The F.I.R. itself is given in the paper book at page 38. It was a three-page report containing 72 lines. The relevant information is in second paragraph containing 10 lines only. Then in a separate paragraph t......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 ......40 DLR (AD) (1988) 69 ......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
....rference in revision by the High Court Division. But in view of the facts discussed above we find that the very basis of the finding of the two courts below is a misconception as to which tenders are relevant in this suit. As such the concurrent finding cannot claim any immunity.
16. Having consi......he suit.
3. Case of the appellant-plaintiff as 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......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right...... 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.
..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....aking such enquiry serve on the person or persons who appear to be entitled to such restoration a notice in Form-F for the release of the property. Form-F under Rule 10(2) is a statutory form and the relevant portion may be quoted: "And whereas it has been decided to release the said propert......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 ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………......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
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....les; but the learned Single Judge reserved his opinion as to whether the respondent was a "worker". 5. Leave was granted by us to consider the question whether the respondent is a worker under the relevant Labour law or whether he is an employee of the Corporation, governed by its Service Rules, ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respond...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
.... It is said that there are Prodhans of the local villages but Musa Sarkar is the leader of all those Prodhans. Admittedly the complainant party had enmity and litigation with the accused party at the relevant time. Md. Sohrab (P.W.1), amongst others, brought a case of arson against Musa Sarkar and 1......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......d. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....ure of the property whether Stridhan or not does not merit consideration inasmuch as the issue was not raised before in the pleading and therefore the contention does not merit any consideration. The relevant provision of rule 182, as it stood on the promulgation on the 6th of September, 1965, was t......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. ......d in: 40 DLR (AD) (1988) 23. ......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)
....s disqualification was a continuing disqualification. 7. Leave was granted by us to examine the legality of the impugned decision of the High Court Division, particularly its interpretation of the relevant statutes including the disqualification clause of Ordinance No. LIX of 1982 in section 6(2)....... 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. ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismiss....... 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
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......ts in the petition before the Tribunal and the statements of the P. Ws. recorded by the Tribunal it appears that the respondent petitioner has been able to prove that the counting of the ballot papers were not properly done and that some of the valid ballot papers were excluded from coun......m) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revi......pellant contested the election petition by filing a written objection denying all the material allegations made by the respondent. 5. Several witnesses were examined on either side and documents proved in support of respective cases. During the pendency of the election petition as ma..Category: Election Law | Date: | Hits: 110
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
..... That was not the case here. The executants did not deny the execution. Another objection was raised that though the document is a registered one, the executants were not in the country during the relevant period. This is not legal objection and does not deserve consideration. When the document...... 34. Before the appellate court the plaintiff produced some portions of the alleged burnt document, but they did not appear to that court to have been recovered from a gutted house. As the burnt papers were not readable the appellate court observed that the plaintiff ought to have called for th......Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea......ination of any attesting witness or an identifier of the executants the plaintiff did not give any explanation". 9. The short answer to this is given by the Privy Council itself "wills and documents which are required by law to be attested raise other questions.” But insofar as the re..Category: Procedural Law | Date: | Hits: 115
16941693169216911687168516821681168016771674167316721670166916681666166416611657