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Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....cle 100. These were the very areas where the Benches were functioning during the Martial Law period and the Chief Justice was authorised to frame rules and nominate the judges to these benches from time to time and on such nomination the Judges "shall be deemed to have been transferred." The Chief......gh they were elected by the people. Freedom of the press was drastically curtailed; Independence of the Judiciary was curbed by making the Judges liable to removal at the wish of the Chief Executive; appointment, control and discipline of the subordinate Judiciary along with Supreme Court's power of..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....he northern room of the south facing building. The informant was sleeping in the northern facing pucca building. He heard hue and cry from the room of his parents and he rushed to their room. At that time he saw accused Mizazul Islam @ Dablu (condemned prisoner) and another person were running away ...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....drawing the suit with liberty to bring a fresh suit on the ground that there were defects in the schedule and parties and other formal defects in the plaint due to incorrect description given at the time of the drafting of the plaint and that the plaintiffs would suffer for such defects. The prayer......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....enmity with Monoranjan Kuri and the other accused. 11. Post-mortem examination on the dead body of Halima Khatun was held by P.W.I, who was Sub-Divisional Medical Officer, Feni, at the relevant time. He found 8 incised wounds, severe in nature, on different parts of the body, such as head, n......t when pressed hard by the defence, he said that both he and Monoranjan had purchased some lands from one Monorama Kuri and her mother Benodini, that Monorama Kuri filed Misc. Case No. 69 of 1976 for appointment of a guardian for her minor son in which case both he and Monoranjan got impleaded as ..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....ring 1.20 acre consists of two equal parts, the northern one having been purchased by him and the southern one by Bazlur Rahman; he has deposed that he had also grown Irri paddy at about the same time in his northern part and he had harvested his paddy 2 or 3 days before this incident. It appear......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
.... 86. (1)...................................................................................................................... (2) Notwithstanding anything contained in any other law for the time being in force, the right, title and interest of the tenant or his successors-in-interest sha......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....ossession of the premises on expiration of the period of the tenancy on 31.12.83 is not unauthorised, for the landlord consented to this possession, but on a condition for the fulfillment of which no time was set by him. The appellant is not holding over within the meaning of s. 116 T.P. Act nor is ...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....984 was written by the reporting officer on 26.2.85 and the Chief Engineer again made adverse remarks on 10.3.85. It appears to be a coincidence that the ACR of 1984 came to be written at about the time when the meeting of the selection board was in progress. The Chief Engineer obviously held po......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....W.1) and even by her brother Abdul Majid (P.W.5). Prosecution has not brought any material on record to show that Abdul Majid took any steps against the injunction order or that it was vacated at any time before the alleged date of occurrence i.e. 22.12.82. It has not been disputed before us that th......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....a roshid selo.” Abdur Rashid was acquitted by the trial Court. The two D.Ws. consistently deposed that the said accused was on duty at the magazine guard room of the Joypurhat Sugar Mills at the time of alleged occurrence. The trial Court's acceptance of Abdur Rashid's plea of alibi will not-......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was done under section 60 of the Registration A......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....al Co-operative Association within the Upazila and (f) one nominated member. The Chairman and the elected members shall be elected by the direct election on the basis of adult franchise; until such time the Chairman enters upon his office the Upazila Nirbahi Officer or .any other person nominated ......A page 23 in giving the meaning of the word acting it is to be said-" Acting, a term employed to designate one performing the duties of an office to which he does not himself claim title; (as) acting appointment." The word is also sometimes used in the sense of "operating" (as) in a provision th..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....endants. It appears from the impugned judgment that the learned Judge rejected this application on the ground that they were not necessary or proper parties by virtue of their purchase. At the same time it was noticed that Sona Miah (appellant No.1) was already on record on his own petition as......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....s when the matter came up for hearing on 12th April, 1987 his local surety filed an application for adjournment on the ground of appellant's illness but the trial court after rejecting the prayer for time held the trial in absentia. It is submitted that the Court erred in not allowing withdrawal of ...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....Court Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four instalments within the time specified in the Border of bail and warned that in case any of the instalments of the fine was ......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....bout the same on 20.6.1986. On 26.6.86, he filed an application under Order 9, rule 13 C.P.C for setting aside the ex-parte order whereupon Misc. Case No. 143 of 1986 was registered. 3. In the meantime steps were, however, taken for putting the mortgaged property to sale and 14.9.87 was actually ......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
.........Respondents Judgment November 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being ......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
.... at Feni. The plaintiffs' sale deeds purportedly executed by Hemendra were also challenged as fraudulent transactions without any consideration in that Hemendra was not in Bangladesh at the purported time of execution and registration of the sale deeds. 5. The learned Subordinate Judge, on consid......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....y issue but before his death he had given 96-1/2 decimals of his share to plaintiff No. 1, Maharram Ali, who is son of plaintiff No. 2 Eksad Ali, by a Heba-bil-Ewaz dated 28 January 1966; at the same time Ahad Ali gave his remaining share, 65-1/2 decimals, to defendant No.1 Madhu and his stepbroth...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
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