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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......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..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
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
.... in 1982 and was buried in Dhaka. The respondent was born in Calcutta on 17th September, 1941, His father miÂgrated to the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was SecreÂtary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent......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. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....nt Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a time. Such irregular payment did not also constitute a waiver of the right to receive rents as per p......rcome the mischief arising from their default 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) 109 ..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....1) younger brother Wazed Mirdha was killed and his dead body having been cut into pieces was packed in three gunny bags which were concealed in a ditch. The incident took place at about Magreb prayer time on 3rd December 1980 on the bank of Kharadanga Khal, a little away from the Informant's house i......k that this finding is perverse or against any eviÂdence 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
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
...............Respondent 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 ......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
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....condly, even if default was made by the appellant in not paying rent for the months of March 1973 to August 1973, plaintiff respondent waived such default by accepting the rent- for those months at a time. 6. Mr. Ranadhir Sen, learned Counsel for the plaintiff-respondent, submitted that default, ......hief Justice. Order of the Court. By the 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) 89 ..Category: Tenancy Law | Date: | Hits: 109
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