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The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......esulted from the injuries and not from the surgical operations the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. Surgical operations are sometimes resorted to for saving the life of an injured person when brought to hospital. If death of the......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
.... dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......ntract and also on the failure of the defendant appellants to prove the existence of an oral contract between the parties to the effect that the respondent would collect rents for several months at a time according to his convenience the defendant-appellants must be held to be defaulter within the m......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......llots and the Tribunal considered and 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 appe......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......the C. S. recorded tenant Nabin Chandra Mondal. Plaintiff then, it seems, became wiser and amended his plaint about one year after the filing of the written statement introducing case for the first time that his vendors also took settlement of-the suit land from Nabin Chandra in 1329 B.S. He file......nt is in possession of the property and this is the admitted position as to possession which prompted the court of first instance after having found title of the plaintiff to pass a decree for recovery of possession. Nobody admitted that defendant dispossessed the plaintiff. Further the lowe...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......uently that is, after the impugned transfer. It was also held that respondent No. 1 had no knowledge of the impugned transfer before 17th April 1980. Application for preemption was, therefore, not time barred. 7. Appellants obtained special leave to appeal on two points, whether responde......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......śwhen the original has been desÂtroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time.” It is further provided in cases of (a), (c) and (d) that secondary evidence of the contents......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
.... are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......efendant No. 6 was the mother of defendant No.1 Defendant Nos. 1 and 6 left for India about one and half year after the Indo-Pakistan war in 1965. Their share was declared as enemy property. At the time of his migration to India defendant No.1 Radhika Mohan Sil (now deceased) sold his hut o......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
.... of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ...... part of the decree when there was no permission from the Court for compromising the suit on behalf of the minors as requited by rule 7 of Order 32 of the Code of Civil procedure. 8. At the time of hearing of the appeal the appellant submitted in person that he was unable to engage a Coun......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
.... conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......981 it will be clear that the intention of the legislature was to super-impose the provision of section 35A upon the amounts of ad valorem court-fee as shown in the Schedule which may be amended from time to time. In section 35A, reference was made to the Schedule of 1960 simply because that schedul......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
.... the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ...... governs an application under section 115 of the Civil Procedure Code. It merely laid emphasis on the principle that the High Court's power to revise an order suo motu is not restricted by any time limit. 5. There is a long practice being followed since the days of Dhaka High Court t......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....tation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......onspiracy in which the other accused, acquitted since then, had participated. Nausher was detained inside the shop of Toyeb Ali from where the police arrested him within four hours. In the meantime, the injured Elias was brought home, but expired within a few minutes whereupon the informant......pursuance of a conspiracy with co-accused Jalil and Nuru and others; (5) a judicial confession (Ext 1) of Nausher made before a Magistrate, P.W 1, within 36 hours from the time of the incident;(6) recovery of a torchlight from Nausher at the time of his arrest which was identified by a...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
....ourt is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
......cree obtained by
appellant.
5. The miscellaneous case was,
however, allowed by the learned Subordinate Judge who found that respondent Nos.
2-6 were not in Pakistan at the relevant point of time, that the respondents
came within the definition of enemy as
given in Rule 161 of the D......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
..
Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....nterference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......ike this no members of the locality come forward either to express sympathy with the victims or to depose against those persons who clear the village of the bad characters. Even the police sometimes display antipathy towards such criminals. Non-recovery of the dead bodies from the mud well b...... either to express sympathy with the victims or to depose against those persons who clear the village of the bad characters. Even the police sometimes display antipathy towards such criminals. Non-recovery of the dead bodies from the mud well by the police immediately after the incident indicate......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......ted to the next higher post as Junior Account Supervisor in July 1981. AccordÂing to respondents, the seniority list prepared on 30th September 1980 violated the merit list which was prepared at the time of selection of 42 Senior Account Assistants. On represÂentations respondents were given senio......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....e on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......hey suspected that Ashraf had been murdered. The informant at once ran to Srimongal to inform the police and on his way he met Vice-Chairman Fazlul Haque and narÂrated the occurrence to him. At that time Profulla Kumar Das (P.W. 9) came there and said that on the previous night he had seen the dece.......W. 1 who also mentioned these circumstances in the F.I.R. Oral evidence and circumstantial evidence only lead us upto the point that the deceased was in the company of the accused and thereafter the recovery of his dead body suggest that he had been done to death. As for the manner of the crime it ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......Ltd. and M/S. Neptune Enterprise. Appellant made the tenants inducted by him as well as the allottees of the Government parties to the aforesaid Writ Petition as respondent Nos. 6 and 7. As at the time of issuance of the Rule Nisi it was found that respondents Nos. 6 and 7 were not necessary par...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....ain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......iness. 3. Immediately after the proceeding for winding-up was started, appellants filed an application seeking injunction against the Chairman-respondent alleging that at about the time the application for winding-up of the company was filed, the Chairman surreptitiously and frau......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
.... for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......use was found to the satisfaction of the Court for non-appearance of the appellant the petition of review ought to have been restored. Section 5 of the Limitation Act provides for extension of time for an application of review but not for the restoration of an application for review reject&s......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....rily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......hould show some development work in April, 1984, the District Fishery authorities reported that the appellant satisfactorily completed the stipulated development work of the fishery. 4. In the meantime it was detected that in calculating rent of the fishery an error had crept in, inasmuch as the ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
....al is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......e purchased land deputed its officers to demarcate the area and create a boundary wall but they were prevented from doing so by defendant No. 2 and his wife defendant No. 1 Defendant No. 2 in the meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that th...... the principal’ and that the principal having not been in actual possession, the 'theory of constructive possession' was of no help to the principal whose remedy lay in a regular suit for title and recovery of possession. The decision was based on consideration of the fact that at the time of fili...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
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