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Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....High Court Division was not available to the peÂtitioners for establishing their contractual right based on licence, the terms of which had excluded the prinÂciples of natural justice. 6. At the time of the hearing of these appeals the learned counsel for the appellants produced before us a cyc......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 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....The plaintiff-respondents filed objection in Miscellaneous Case No. XII-37 of 1973-74 and deposited the aforesaid amount upon which the Circle Officer (Revenue) set aside the auction sale. In the meantime, however, the disputed land which the Government had taken posÂsession of in pursuance of the ......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 ..Category: Property Law | Date: | Hits: 35
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....sion) that the appellant was all along present during trial but on the date fixed for judgÂment i.e. 19.4.87 the appellant, who was on bail, failed to appear because of Unless and an application for time for his appearance duly supported by a mediÂcal certificate was filed. The Assistant Sessions ...... 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)
....ther husband who had died. Deceased Safiluddin was Sefat's son by anÂother wife named Sadeka. Admittedly there was enÂmity between Nazrul Islam and the deceased over anÂcestral property for a long time. The other accused are relations and associates of Nazrul Islam. DeÂceased's father Sefat is s......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 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... evidence in such proceeding. It is immaterial that the offence has been committed by the party before the proceedÂings are taken and the bar contained in section 195(1) (c) will apply if at the time when the court is called upon to take cognizance of a complaint, the accused is a party to ......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
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....n there was no law limiting land holding 100 Bighas. So, this objection is not sustainable. The point not raised earlier is not permitted to raise an issue before the appellate division for the first time. The appeal is without substance mad hence dismissed. Case referred to- 52 C.W.N. 64. ......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 ..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....s of the bomb but in giving testimony each of them had given his own version as to the names of the accused who were involved in causing crime and while doing their testimony became discrepant and at times inconsistent. The trial court after shiftÂing the evidence came to the conclusion that the pr......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 ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....right and interest in the impugned fisheries should not be declared as leÂgal and lawful, or such other or further order or orders passed as to this Court may seem fit and proper." 3. At the same time the learned Judges stayed the operation of the impugned leasing of the fisheries in question wi......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 ..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....far as may be" was inserted obviously because in the previous Rules there was no such provision; but ho such qualifying clause was necessary in the similar provisions of the Rules of 1985 as the same time-limit was there in the previous Rules-Rules of 1984. It is impossible to apply the provision of......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. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....ion list No. 198, Chiteswari, Jurisdiction list No.200, Telina, jurisdiction list No.207, police-station Mirzapur, in the aforesaid forest known as the Attia Forest, as mentioned below, and the time for preferring appeal has expired, and all appeals have been disposed of, and Whereas the ......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
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....for setÂting aside the decree taking the ground that no sumÂmons was served upon him, but it was fraudulently suppressed and that he came to know about the suit and the decree therein for the first time when the deÂcree was executed through court. The appellant filed a written objection denying t......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)
....ction 22 of the Act express proÂvisions are made subjecting all lands to assessment and payment of rent. Its provisions are "22. (1) Notwithstanding anything conÂtained in any other law for the time being in force or in any entry made in the record-of-rights last prepared and finally published...... 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 ..Category: Property Law | Date: | Hits: 47
....lected chairman of Fakirhat Upazila Parishad, District Bagerhat in the elecÂtion held on 16.5.85. He is a leader of the local Awami League, has been involved in political and social works for a long time, was elected member of the Provincial Assembly in 1970 and of the ConstitÂuent Assembly after ......€˜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.
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Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.... to certain ballots and the Tribunal considered rejected them. 14. It will be seen that the succeeding Munsifs worked on the basis of the consolidated result sheet (order dated 31.12.84) and from time to time dealt with the applications as and when filed by the parties, particularly by the appel......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)
....by the poÂlice in order to assist the authority in making up its mind. It was noticed that the parties did not raise any objection to the police report and the question had been raised for the first time before the High Court after the Appellate Tribunal had decided to grant the permit to the appel......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)
.... all the items of joint property. Giving a direction as regards one of the properÂties other than the dwelling house will be dealÂing with the part of the case which is not before the Court at that time." 10. The Court can only give a limited direction after perusing the Commissioner's report a......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. ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....der section 323. Twelve witnesses were examined in support of the prosecution case. 4. On behalf of the defence it was suggested to the P.Ws. that Nanda Lal met his death at a different place and time and at the hands of others and the acÂcused were falsely implicated. It was further suggestÂe...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. 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)
....Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inception. Considering changed circumstances the Court may modify, extend or ev......e in changed conditions or circumstances. 9. In Mahamaya Debi v. Haridah Haldar ILR 42 Cal. 455 (474) after considering the essential eleÂments of a valid custom it was observed: "it is also well scaled that the period for ascertaining, whether a particular custom is reasonable or not, is the ti..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....bout 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 death althou......onment for life. In the result, therefore, the appeal is disÂmissed 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
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....dow Kumari got life interest. Kumari died leaving daughters Tripura and Pramila who also got life interest in the property. On Tripura's death her interest devolved upon her sister PramiÂla for life time. Pramila died in 1937 leaving behind five daughters, defendant No. 2 and others. Pramila Sundar......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 ..Category: Property Law | Date: | Hits: 32
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