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Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....have failed to point out any violation of any statutory rule or breach of any statutory obligation or ill-motive on the part of the authority canceling the license. Lawyers Involved: S.S Halder, Senior Advocate, instructed by Ramesh Chandra Maitra, Advocate-on-Record, (In all the three appeals)......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 ......s of: (i) conducting/performing all his activities including collection of Tolls, L.S.Cs, Space rent, Berthing and Mooring charges etc. within the licenced premises by himself or through his Officers/servants/representatives/hired personnel and the Licensee shall never make any objection ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
.... appeal is allowed and judgement of the trial court dismissing the suit, restored…........(14,15,16,17) Lawyers Involved: Md Nurul Huq, Advocate-on-Record - For the Appellants. S.S. Halder, Senior Advocate, instructed by Ramesh Chandra Maitra, Advocate-on-Record- For the Respondent Nos. 1&......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 purÂchase 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. MiscelÂlaneous 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 comÂplainant 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
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
.... Court and as such the order appointing an Advocate Commissioner has been rightly set aside by the High Court Division. The petition is dismissed……………(3) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Kazi Ebadul Hague- Advocate-on-Record-For the Petitioner. Sharifud......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... Lawyers Involved: Khan Saifur Rahman, Advocate,(M. A. Wahhab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellant. Khondker Mahbubuddin Ahmed, Senior AdvoÂcate, instructed by Ahmed Nurur Reza- Advocate-on-Record - For the Respondent Nos. 1 &a...... 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 ...... 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 ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....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. ......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 PoÂlice-Station, Janjira for enquiry and report. A CrimiÂnal Motion (Crim..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....ording him the opportunity to take his B.A. Examination. The appeal is allowed and the appellants bail is confirmed till disposal of the appeal………………(8) Lawyers Involved: T. H. Khan, Senior Advocate, (Abdul Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate...... 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)
....een done in the present case. The defence cannot get any benefit by making some weird, vague and misleading suggestion as to ommission. ………………….(10) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record-For the appellants. J.R. Mudassir......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)
....ument is produced or givÂen 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 givÂen 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 givÂen 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)
....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 ......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 ...... 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)
....ating the order, this Division does not feel that there has been any arbitrary exercise of discretion. Thus the appeal is dismissed…………..(9 & 13) Lawyers Referred to: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. T. H. Kh......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 ......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 UpaÂzila 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)
....s., AIR 1941 FC 5, M/s. M. Laxmi & Co. v. Dr. Anant R. Deshpande, AIR 1973 SC 171, Amarjit Kaur v. Pritam Singh and others, AIR 1974 SC 2068, 32 DLR (AD) 65. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Haque and Ajmalul Hossain, Advocates with him) instructed by Sharifuddi......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 CorpoÂration, challenged an order of the Corporation dated 29 May 1985 provisionally..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
.... suit out of which this appeal has arisen stands abated with effect from 18/09/1982………(8, 9 & 11) Lawyers Involved: B. Hossain, Advocate-on-Record- For the Appellant M.H. Khondker, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Record- For the Respondent Nos. 1 &......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. ......2) All suits, appeals, petitions, applicaÂtions, and other legal proceedings pending imÂmediately before the commencement of this OrÂdinance in any Court against the Government or any of its Officers in which the Constitution of the reserved forest or the Notification, as are reÂferred t..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....e. Thus the conviction is altered under section 304 part 1 from section 302 of the Penal Code and the sentence is reduced accordingly……………(6,7) Lawyers Involved: Syed Muhammad Hussain, Senior Advocate, (A.N.M. Gaziul Hoque, Advocate with him), instructed by Md. Ozair Farroque, Advocat......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. 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 injuÂries which ..Category: Criminal Law | Date: | Hits: 67
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 ......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 proceedÂing under 145 Cr.P.C. and the disputed property was attached and the Circle Officer was appointed as reÂceiver. Both the parties adduced their respective eviÂdence and the le..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
.... Kumar Chakraborty and others v. Motaleb Hossain and others, 36 DLR (AD) 248=1985 BLD (AD) 59 and Khurshed Anwar v. Jamil Akhter, 1982 BLD (AD) 83. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior AdÂvocate, (Aminul Haq, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Reco......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. ......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. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....he present and future……………….(12 & 13) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, inÂstructed by B. Hossain, Advocate-on-Record.-For the Appellant. T. H. Khan, Senior Advocate, (M. A. Whab Miah, Advocate with him) instructed by N. H. Khandkar, Advocate-on-Reco...... 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 assessÂment 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 ReveÂnue Of..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....the important finding of the trial court, which seems to be correct, that defendants 4-6 are not the heirs of Samad Ali has not been properly reversed…….(13) Lawyers Involved: M.H. Khondker, Senior Advocate, (AJ Mahammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-......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. ......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. ..Category: Property Law | Date: | Hits: 43
....-
Godha Singh Jabra Singh vs. District Magistrate, Farozepur (AIR 1956 Panjab 33); The University of Dhaka vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722.
Lawyers Involved:
S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Appellants,
A.W.......€˜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.
......iming compenÂsation. 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 forÂwarded a letter to the Secretary, Ministry of Home Affairs, Respondent No. 1 ..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.... So, even though it is unfortunate that the decision in the case turned on two marginal votes only, there is no scope of interference………………..…(16 & 17) Lawyers Involved: T.H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate with him) instructed by Mr. Aftab-Advocate-on-Record......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 ......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 proÂcess of re-counting. They were filing..Category: Election Law | Date: | Hits: 106
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