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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 dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......ant Vs. Bhayetullah & anothers.... ..............Respondents Judgment November 11, 1986. C.A. 129 of 1983 The Bengal Tenancy Act, 1885 (VIII of 1885), section 26F The Bangladesh Land Holding Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisition and Te......In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed 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 con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......85. Lawyers Involved: Mozammel Huque Bhuiyan, Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on-Record, —For the Appellants (In both the cases). Bakhtiar Hossain, Assistant Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record- For the Respondent (In both the cases). ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection 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 con­nection 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)

....easons stated above, the appeal is dis­missed. 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 ......easons stated above, the appeal is dis­missed. 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 ......said five Fisheries to respondent No.5, Samity for one year on 18th July 1985 with­out any notice to the appellant's Samity. Appellant moved an application to respondent No.3, Secretary, Ministry of Land Administration and Land Reforms who directed respondent No.1 to submit a report on the violatio......easons stated above, the appeal is dis­missed. 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

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ...... consider whether the High Court Division on a wrong interpretation of the clear provisions of the aforesaid section [4(2)] arrived at the conclusion as above. 5. Mr. B.Hossain, Assistant Attorney-General, submitted that the C.S. plot of Mouza Beltail, P.S. Mirjapur mentioned in the Notification ......of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..

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 ......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 ..

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 Or­der 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 Or­der 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 Or­der 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 Or­der 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)

.... provision of law Government wrote the fol­lowing letter on 28th November 1960: "Office of the Board of Revenue, East Pakistan Memo.NoJ207-E-80/58-S &S dated the 28th November, 1960. To The Director of Land Records & Survey, E.P. Tejgaon, Dhaka, Sub: - Assessment of Land Acquired und......ered to the mill is in accordance with law and the government is entitled to the rent for the present and future……………….(12 & 13) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, in­structed by B. Hossain, Advocate-on-Record.-For the Appellant. T. H. Khan, Senior Ad......0 of the Slate Acquisition and Tenancy Act which, according to the plaintiff, was illegal as the lands have been delivered to him rent free and were, therefore, not liable 'to any assessment of rent. Land was shown rent free in the khatian. Plaintiff objected to the impugned rent under section 19(1)...... Government wrote the fol­lowing letter on 28th November 1960: "Office of the Board of Revenue, East Pakistan Memo.NoJ207-E-80/58-S &S dated the 28th November, 1960. To The Director of Land Records & Survey, E.P. Tejgaon, Dhaka, Sub: - Assessment of Land Acquired under Act I of 1894...

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 de­cree 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. ......ithout any order as to cost. The judgment and de­cree 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. ......ithout any order as to cost. The judgment and de­cree 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. ......ithout any order as to cost. The judgment and de­cree 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

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. ......D 1965 SC 90 = 16 DLR (SC) 1 722. Lawyers Involved: S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Appellants, A.W.Bhuiyan, Additional-Attorney-General instructed by B. Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 5 ......€˜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. ......€˜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. ..

Category: Criminal Law | Date: | Hits: 88

Moulana Mokhter Ah­med 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 ......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 ..

Category: Election Law | Date: | Hits: 106

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. ......C) 1353, State of Assam V. Gauhati Municipality A. I. R. 1967 (SC) 1398, Durayappah v. Fervando and others, 1967 (2) The All England Law Reports 152(07). Lawyers Involved: M. Nurullah, Attorney-General (Hasan Arif, Deputy Attorney General with him) instructed by B. Hossain, Advocate-on-Recordâ......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. ......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. ......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)

.... released forthwith if not wanted in any other connection. The appeal of ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......wyers Involved: Serajul Huq, Senior Advocate, (A.T.M. Kamrul Islam, Advocate with him) in­structed by Syed Sakhawat Ali, Advocatc-on-Record - For the Appellants. B. Hossain, Assistant Attorney-General, in­structed by M. Nowab Ali, Advocate-on-Record -For the Respondent. Criminal Appeal No...... released forthwith if not wanted in any other connection. The appeal of ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. 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)

....s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plain­tiffs' 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

Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)

....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 ......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 ......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 ......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 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. ......20; Bangladesh and others Vs. M/s Speedbird Navigation Co. and others, 30 DLR (SC) 101, McMullen vs. Wadsworth (1889) 14 App. Case 631 (636). Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, in­structed by B. Hossain, Advocate-on-Record- For the Appellant. Rafique-ul-Huq, Senio......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. ......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

Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)

....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..

Category: Property Law | Date: | Hits: 36

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... the accused guilty; but the appellate Court on scrutiny and assessment of the evidence found it to be wanting, insufficient to sustain the conviction. 4. Mr. B.Hossain, learned Assistant Attorney General has relied upon the following facts and cir­cumstances and contended that the conviction of......k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evi­dence 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

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 ......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 ......urt Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, in­structed by B.Hossain, Advocate-on-Record.-For the Appellant. Md. Aftab Hossain, Adv......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 ......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