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Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ..........................Respondents Judgment July 29, 1987. Result: The appeal is allowed. The Arms Act, 1898 (XI of 1878), Sections 16 & 18 In the facts of the case we think it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....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. ......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)

....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. ...... trial court de­creed the suit and that was affirmed by the appellate court below. In revision at the instance of the defen­dants the learned Single Judge of the High Court Di­vision made the rule absolute and remanded the suit to the trial court with the following direction: "That he shall ap..

Category: Property Law | Date: | Hits: 45

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....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. ......9 of 1972 and therefore, the property of abandoned property under Article 2(1)(i) of P.O. No.16 of 1972 and in the circumstances the learned Judges of the High Court Division erred in making the rule absolute upon an erro­neous construction of the relevant provisions of law referred to above." 3..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)

....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..

Category: Property Law | Date: | Hits: 34

The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)

....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 ......Hoque, the learned Deputy Attorney-General, has failed to resist this contention. We find sub­stance in the contention of the learned Advocate for the petitioner and accordingly we make the rule absolute." 4. We simply fail to understand how the learned Judges concluded that this case was..

Category: Criminal Law | Date: | Hits: 60

Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)

....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......on set aside the judgment and decree of the courts below and decreed the plaintiff’s suit with direction to give him possession on eviction of the defendant appellant and accordingly, made the rule absolute. 5. Leave was granted to consider the question when the possession of the defendant is e..

Category: Property Law | Date: | Hits: 118

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....1987. The General Clauses Act (X of 1897) Section 21 Principle of locus poenitentiae-Availability of the Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 4A (2) read with Rule 10 (2) The Requisition of Property Rules, 1948. Save and except a view was taken that......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..

Category: Property Law | Date: | Hits: 49

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

....roached Hemnalini during her life time for execution of the deed and after her death the plaintiff approached respondent No.1 but his request was not complied with. Thereafter the Defence of Pakistan Rules, 1965 was promulgated and the property had been vested to the Custodian of the Enemy Property.......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..

Category: Property Law | Date: | Hits: 47

Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)

....of defendant. 12. In Nitindra Nath Roy Chowdhury vs. Subhas Ch. Kar 85 CWN 915 the contention that a Commissioner for inspection before settlement of issues was premature and illegal was repelled. Rules 7 and 8 of Order 39 of the Code empower the court to pass an order on an application by the pl......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..

Category: Civil Law | Date: | Hits: 94

Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)

.... moved the High Court Division, being Civil Revision No. 114 of 1984. The learned Single Judge (Mr. Justice Nurul Hoque Bhuiyan) of the High Court Division who heard the revi­sion case made the Rule absolute holding that as respondent No. 1 was possessing .02 acre of land in plot No. 404, a r......d the High Court Division, being Civil Revision No. 114 of 1984. The learned Single Judge (Mr. Justice Nurul Hoque Bhuiyan) of the High Court Division who heard the revi­sion case made the Rule absolute holding that as respondent No. 1 was possessing .02 acre of land in plot No. 404, a right ..

Category: Property Law | Date: | Hits: 48

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....H Rahman 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: 39 DLR (AD)(1987) 223. ......H Rahman 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: 39 DLR (AD)(1987) 223. ..

Category: Procedural Law | Date: | Hits: 115

Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)

....k fairly placed the facts of the case and then placed the scheme of Order 32 of the Civil Procedure Code and pointed out that when the mother was acting as next friend in the suit of the plaintiff Rule 6 clearly prohibits acceptance of any money for compromise of any suit without the leave of th......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)

....eals to such amendments. In the case of Em­peror v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259) a Division Bench was con­sidering substitution of a sub-rule made in the Defence of India Rules 1939 by an amending order in 1942 and it was observed that "Although nothing is said about rep......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

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Re­sident Propty, Ctg & ors., 1987, 16 CLC (AD)

....d 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 Defence of Pakistan Rules, 1965  and the  property in question was enemy ......tor­ney General submitted that since the property has vested in the Government, under section 3(a) of the repealing Act such decree is inexecutable against it. The vesting is, according to him, absolute, that is, the property had vested in the Government free from any encumbrance whatsoever. ..

Category: Property Law | Date: | Hits: 70

Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....red an applicat­ion under section 115 of the Code of Civil Procedure before the High Court Division, being Civil Revision No. 506 of 1986. The learned Judge of the High Court Division discharged the Rule on finding that respon­dents being appointed under Ordinance XIX of 1977, the terms and condit......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)

.... line of the examination of, the accused under section 342 of the Code. 85. Of the two confessions Lalu's confession is to be straightaway discarded. It was recorded in violation of the High Court Rules, incorpor­ated, in abundant caution, in Form No. M (84), for, guidance  in recording a c...... deceased within those two days. P.W.1 states in cross that he did not know of any golmal (hitch) between the accused and Hafsa over the latter's property. Apart from the alleged confessions there is absolutely no evidence to indicate a desire for vengeance against the deceased in the minds of the a..

Category: Criminal Law | Date: | Hits: 124

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

....vernment orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers to sell the aforesaid property. Appellant succeeded in obtaining a Rule Nisi issued upon respondent Nos. 1-5 on 18th August 1985 to show-cause as to why Memo. No. dec...... 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

M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)

....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 Sa­mity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

.... shall not include any fishery. Hence the fishery has been made non-retainable by the erstwhile rent receiver and such fishery is maintained, regulated and controlled by the Government manual. 41. Rules 205 and 206 in the Government Estates Manual 1958 provide the procedure for settlement of fish......n 22.8.81. Suddenly after three weeks, the Director of Fishery cancelled the lease whereupon the petitioner challenged the order by way of writ, namely, Writ Petition No.19 of 1982. The rule was made absolute and the High Court Division declared the cancellation order as void, whereupon the appellan..

Category: Property Law | Date: | Hits: 87