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Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)

....in on bail granted earlier………………………(3) Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Ap­pellant B. Hossain, Assistant Attorney-General, in­structed by M. Nowab Ali, Advocate-on-Record—For the Respondent. ......al is allowed. The ap­pellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......al is allowed. The ap­pellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..

Category: Criminal Law | Date: | Hits: 53

Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....hra Pradesh Vs. T. Narayana AIR 1962 S.C. 240, Zamir Qasim and others Vs. Emperor, ILR 1944 All 403. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record-For the Respondent. Cr......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..

Category: Criminal Law | Date: | Hits: 55

Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)

....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......ut the said Writ-petition was summarily dis­missed by an order dated 13 June 1988. 2. The order for fresh election was challenged taking the ground that according to the Returning-officer and the Presiding-officer election in the dis­puted centre, Benodepur, was held peacefully, votes were coun......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..

Category: Election Law | Date: | Hits: 126

Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....i ever arises requir­ing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requir­ing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......F.C.S. for 3 years from 1392 B.S. to 1393 B.S. at Tk. 30,000/- (Thirty thou­sand) only for 1392 B.S. and at 10% higher for 1393 B.S. and 1394 B.S. Sd/- Md. Siddique, Sr. Scale Section Officer, H/O Land Admn. & Land Reforms Memo. No. VII-Habi-13/85/348 Dated 13.3.85" 3...

Category: Property Law | Date: | Hits: 34

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 ......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 ......oclamation managed to pur­chase the land in the name of the Government5. Some of the certificate debtors were already dead. After the emergence of Bangladesh plaintiffs filed objection before Circle Officer (Revenue), Madaripur. Miscel­laneous Case No.XII-37 of 1973-74 was started and on 27th July..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......nd. The evidence of D.W.1 shows that the accused persons were living in their houses on the disputed land. P.W.1 the com­plainant claimed to have taken settlement of the land from the Sub-Divisional Officer by paying necessary dues and he has been corroborated on this claim by the Tahshilder, P.W.6..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)

....y course for the Sessions Judge was to direct further enquiry under section 436 Cr. P.C..………………(7) Lawyers Involved: Abdul Wadud Bhuiyan, Addi­tional Attorney-General, B. Hossain, Assistant Attorney-General with him, instructed by M.R. Khan, Advocate-on-Record- For the Appellant.......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......eging that they were the real culprits. This complaint was registered as C.R. Case No. 420 of 1980, as already referred to. The Magistrate after examining the complainant on oath sent the case to the Officer-in-Charge of the Po­lice-Station, Janjira for enquiry and report. A Crimi­nal Motion (Crim..

Category: Criminal Law | Date: | Hits: 75

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

.... Court Division (Jessore Session) rejecting the appellant's prayer for bail in a pending Criminal Ap­peal being No. 64 of 1987. 2. The appellant along with 17 others were convicted by the learned Assistant Sessions Judge, Khulna, by judgment and order dated 19.4.87, under Sections 304 Part 11/20...... 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 ...... 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 ..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......ent April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Officer in actually the same terms in wh..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....3. Lawyers Involved: Khondkar Mahub Hossain, Advocate, instructed by Syed Sakhawat Ali,-Advocate-on-Record-For Respondent No. 1(State) A. W. Bhuiyan, Additional Attorney General, (B.Hossain, Assistant Attorney General with him), instructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte......ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..

Category: Criminal Law | Date: | Hits: 63

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....Appeal No. 16 of 1985. Lawyers Involved: Mozammel Huque Bhuiyan, Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the cases). Bakhtiar Hossain, Assistant Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record- For the Respondent (In ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... were produced in support of the prosecution case. Three of them were only tendered by the prosecution and two (P.W. 14 and 18) were declared hostile. P.W. 22, S.L. Abdul Mannan was the Investigating Officer who submitted charge sheet, P.W. 20 another S.I. of police filled up The F.I.R. From on rece..

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 dis­missed. 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 ......easons stated above, the appeal is dis­missed. 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 ......ies Act was granted lease of five Fisheries in Charandwip mouza within Chokoria Upazila in the District of Cox's Bazar for a term of three years from 1391 B.S. to 1393 B.S. by the Upa­zila Fisheries Officers. An agreement was signed by the parties on 30th April 1984. Respondent No. 1, namely, Deput..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....licable to his case since the Corporation adopted these Rules for its employees. 3. In Civil Appeal No. 11 of 1987, which arises out of Writ Petition No. 137 of 1985, the appellant, Wazed Ali, an Assistant Store Officer of the Corpo­ration, challenged an order of the Corporation dated 29 May 19......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......ase since the Corporation adopted these Rules for its employees. 3. In Civil Appeal No. 11 of 1987, which arises out of Writ Petition No. 137 of 1985, the appellant, Wazed Ali, an Assistant Store Officer of the Corpo­ration, challenged an order of the Corporation dated 29 May 1985 provisionally..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....eave to ap­peal to consider whether the High Court Division on a wrong interpretation of the clear provisions of the aforesaid section [4(2)] arrived at the conclusion as above. 5. Mr. B.Hossain, Assistant Attorney-General, submitted that the C.S. plot of Mouza Beltail, P.S. Mirjapur mentioned i......of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......2) All suits, appeals, petitions, applica­tions, and other legal proceedings pending im­mediately before the commencement of this Or­dinance in any Court against the Government or any of its Officers in which the Constitution of the reserved forest or the Notification, as are re­ferred t..

Category: Property Law | Date: | Hits: 63

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......rticular attention to the question whether the act of the accused Bandez Ali attracts the definition of murder under section 300 of the Penal Code. They simply referred to the evidence of the Medical Officer P.W.4 and held the accused guilty of murder as his death resulted from the inju­ries which ..

Category: Criminal Law | Date: | Hits: 67

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....ion and ac­cordingly vacated the order of attachment etc. As against this order, the respondents filed Criminal Motion No. 9 of 1984 under section 439A of the Code of Criminal Procedure. The learned Assistant Sessions Judge, who was deemed to be an Additional Sessions Judge, after hearing the parti......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 ......ace, so he drew up an order under section 144 Cr.P.C. on 26.11.79. Subsequently this proceeding was converted into proceed­ing under 145 Cr.P.C. and the disputed property was attached and the Circle Officer was appointed as re­ceiver. Both the parties adduced their respective evi­dence and the le..

Category: Constitutional Law | Date: | Hits: 174

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... thereon. Plaintiff claimed that the aforesaid agreement contained no term for payment or assess­ment of rent for the suit land. In 1962 plaintiff, however, received a notice from the Revenue Circle Officer as per Memo. No.1207-E 80/58 dated 28.11.60 issued by the Board of Revenue. The Reve­nue Of..

Category: Property Law | Date: | Hits: 47

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....€˜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. ......€˜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. ......iming compen­sation. It was asserted that the appellant was not at all aware as to why his license had been cancelled, The appellant, staled in his writ petition that on 20.1.84 the Upazila Nirbahi, Officer, Fakirhat for­warded a letter to the Secretary, Ministry of Home Affairs, Respondent No. 1 ..

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 ......t at all supported and established by the papers on record." 16. It appears from the order sheet that the counting was done on all the days in the presence of the parties, their lawyers and the Presiding Officers and both sides enthusiastically took part in the pro­cess of re-counting. They w......upported and established by the papers on record." 16. It appears from the order sheet that the counting was done on all the days in the presence of the parties, their lawyers and the Presiding Officers and both sides enthusiastically took part in the pro­cess of re-counting. They were filing..

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. ......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. ......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