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Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....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 ......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 ......als) Judgment May 18, 1986. Civil Appeal Nos. 10, 11 & 12 of 1986 The Constitution of Bangladesh, 1972, Article 102 Contractual right, based on the licence, is not amenable to the writ jurisdiction of the High Court. The appellants have failed to point out any violation of any statuto..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
.....12.75: The case is taken up for suo motu decision. It has come to my knowledge that the lands of R.S. 517/SA, S.A. khatian No.535 of 79. No Serajkati Mouza were not free from encumbrances as a total area of 6 acres of land under plot Nos. 1193, 1194,1195, 1196 and 1197 were entitled with on......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 ...... as described in the Kha Schedule land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are ilÂlegal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The disputed land appertaining to..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....s possession over a land including this part of the building. ReÂspondents obtained a preliminary decree in her partition suit (O.C. Suit No. 52 of 1972) for a saham of .13 decimals of land out of a total area of .31 deciÂmals. The preliminary decree was made final on 9.8.84 upon an Advocate Commi......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
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. ...... 17 August 1983, set aside the Sessions Judge's order and quashed the proceeding of the C.R. Case observing that when the Magistrate dismissed the complaint the Sessions Judge, as a court of original jurisdiction, had no power to directÂly entertain such a case for trial "unless the accused has bee..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....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 ......or bullet. If asked and confronted with any treatise on medical Jurisprudence the doctor could give informaÂtion both as to the said facts as well as to the text book theories on the subject. In the absence of any material before us, we attach ho importance to the submission of the learned Advocate......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)
....71 of the Penal Code. The appellants challenged the proceeding against them by an appliÂcation under section 561 A, Crl.P.C. taking the ground that the cognizance as taken on a private complaint was totally barred by section 195(1)(c) Crl.P.C. in that when the alleged forged document was proÂduced......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 ......ble of both the constructions as discussed above and as such it is to be seen which is in accord with the intension of the Legislature". Section 195 (1)(c) purposely puts a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person unde..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....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 ......Even if it is held that pre-emption was alÂlowed in 1980 by the impugned judgment of the High Court Division it cannot be said that there was any violation of the provision of P.O. 98 of 1972 in the absence of any objection raised by the pre-emptee in that behalf. The point could, be raised by rais......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)
....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 ......d the occasion of tracing the Appellate Criminal Jurisdiction of superiÂor courts and came to the conclusion that the deciÂsions of the Privy Council or the Federal Court cirÂcumscribing their own jurisdiction by self imposed restrictions in matter of criminal appeal had no manÂner of applicatio..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
.... them to do or not to do certain acts. At the lime of admission of this appeal the appellant was satisfied by obtaining a short OrÂder of stay with respect to the High Court's order. What is the sum total of the effect of this Court's OrÂder on the orders passed by the High Court Division or on th...... filed on 11th September 1985 reÂspondent No.5 merely stated facts which were not substantiated by any materials on record so as to enÂable the High Court Division to pass the impugned order in the absence of any materials on record justifying the impugned order. It would seem to be arbiÂtrary an......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)
....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. ......er the new ones or the old ones, are not applicable to the appellants, peÂtitioners who are employees of the Corporation and are not Government Servants. The Corporation tried to explain that in the absence of any Service Rules for their employees the Corporation adopted the Government Servants (Di......ellants; but this alternative forum not being gone through, the Writ petitions are not maintainable, he has contended. We do not think that there is any substance in this contention, for, if the writ jurisdiction is sought to be invoked raising pureÂly a question of law or interpretation of statute..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
.... 1927), the Governor in Council is pleased to declare the areas comprised in the caÂdastral plots described below to be a reserved forest with effect fro0om the 15th August 1928. The approximate total area is 2054.08 acres: Schedule Name of Mouzas Cadastral plots Baltail,......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. ......y forest produce and to deal with the same, and Whereas the Forest Settlement Officers have completed their record in respect of the arÂeas comprised in the cadastral plots of mouzas Retail jurisdiction list No. 195, Ajgana, jurisdicÂtion list No. 198, Chiteswari, Jurisdiction list No.2..Category: Property Law | Date: | Hits: 63
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 ......of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections 439A (2) and 439(4) of the Code of Criminal Procedure. The constitutional mandate is that a writ jurisdiction can be invoked if the High Court Division is satisfied "that no other equally efficacio..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....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. ......as reÂlied upon a number of decisions. On the other hand, Mr. A J. Mohammad Ali, learned Advocate for the respondent has contended that the trial court which had passed the ex parte decree got ample jurisdiction to reverse it if it was satisfied on consideration of the application of the defendant ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... 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 ......d value' in the State Acquisition and Tenancy Act which might have thrown some light on its meaning so as to enable us to either accept or reject the contention of the learned Counsel. Apart from the absence of any definition of the aforesaid terms there arc no provisions in the aforesaid Act recogn......o be made according to direction therein. No declaration that the suit land is not liable to be assessed under any proviÂsion of the State Acquisition and Tenancy Act, 1950 as being illegal, without jurisdiction, null and void nor any declaration that the plaintiff is not liable for the period, 136..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....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. ......atian Ext. 3 and the rent receipts Ext. 2 series belatedly produced by the plaintiffs having been found to be spurious by the trial court, the Subordinate Judge acted illegally in holding that in the absence of any evidence to the contrary it is presumed that Samad Ali Was tenant in respect of the s......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
....€˜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.
......imum requirement of fairness.
16. We are in respectful agreement with the above principle but like to add a rider that so far as exercise of power under Section 18 of the Arms Act is concerned the absence of a prior notice/ hearing may not always invalidate the order passed thereunÂder, the subj......ellant learnt that the license of his revolver and the weapon confiscated by government
4. This notice was challenged in the aforesaid writ petition alleging that the order was illegal and without jurisdiction and further that; it was made malafide having been obtained by respondent No. 4 by exer..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....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 ......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 ......at he does not dispute the authority and juÂrisdiction of the Election Tribunal to take recourse to recounting of ballots in a proper case. Indeed it is too late in the day to lake exception to such jurisdiction of the Election Tribunal after all the pronouncements made by this court which have bee..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....cial meeting of the Paurashava called for the purpose in the prescribed manner, a resolution to the effect that he is liable to be so removed is passed by the votes of not less than two thirds of the total number of commissionÂers of Paurashava and unless the resolution is apÂproved by the Prescri......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. ......as set up "to enquire into the alleÂgation brought against him and misappropriation of fund for 1984-85 and 1985-86" and further it was mentioned" it was found that the petitioner No.1 acted without jurisdiction and misappropriated huge fund." In paragraph 19 it has mentioned "a series of allegatio..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....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. ......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. ......bal "Chandra Modak V. Gostha Behari Das, 60 CWN 829 a Division Bench of the Calcutta High Court observed :- "When an application under section 4 of the Partition Act comes up for consideration the jurisdiction of the Court is limited to questions relating to the rights of the co-sharers of the or..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... 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. ......t vs. The State............................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellan...... 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
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