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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 ......cquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from payment of rent is unacceptable as because all the l...... 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 ......t to pay rent in respect of the land acquired and delivered 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, inÂstructed by B. Hossain, Advocate..Category: Property Law | Date: | Hits: 47
....€˜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.
......ink it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which......of Home Affairs, Respondent No. 1 for Hiking necessary acÂtion against him alleging certain objectionable conÂduct including misuse of the revolver. Respondent No.1 referred the matter to the Zonal Martial Law Administrator, Jessore and an enquiry committee consisting of three members found the ap......19 & 24)
Cases Referred to-
Godha Singh Jabra Singh vs. District Magistrate, Farozepur (AIR 1956 Panjab 33); The University of Dhaka vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722.
Lawyers Involved:
S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-..
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 ...... day with intensive scrutiny. The parties confronted with application on objection in respect of particular ballot papers and those were met. So, it is not possible that a valid ballot paper was left for counting in favour of either party. So, even though it is unfortunate that the decision in the c......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 ......nting in favour of either party. So, even though it is unfortunate that the decision in the case turned on two marginal votes only, there is no scope of interference………………..…(16 & 17) Lawyers Involved: T.H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate with him) instructed..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. ......t 31, 1987. The Pourashava Ordinance, 1987 (XXVI of 1987) If any individual elected commissioner or the Chairman himself do come within the mischief of law then the necessary steps can be taken for his removal which is authorised by law. But certainly the Paurashava a corporate body which is e......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. ......R. (SC) 232, State of Maharashtra V. B. K. Takkamorc A.I.R. 1976 (SC) 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 Attor..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. ......s Judgment November 2, 1987. Result: The appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of the transferor's family have a right t......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. ......a Charan A.I.R. 1928 Cal. 539; Damodar v. Banwarilal A.I.R. 1960 Cal. 467; Kshirode Chunder v. Sharada Prosad, 12 Cal LJ 525; Pran Krishna v. Keshab Chandra, 22 Cal. CWN 515; (AIR) 1919 Cal. 1055. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record-F..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. ......nd order dated 14 February 1985 passed by the High Court Division (Jessore Bench) in appeal upholding the conviction of the appelÂlants under section 302/34 Penal Code and sentence of transportation for life passed thereunder. 2. There was an occurrence in the night followÂing 31 Aswin 1381 B.S...... 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. ......r request to hold the mediation at that unearthly hour of the night. Offence under section 302/34, 302/109 not being put against accused appellant No. 2-4, they are acquitted………..(7 & 8) Lawyers Involved: Serajul Huq, Senior Advocate, (A.T.M. Kamrul Islam, Advocate with him) inÂstru..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 plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ....................................................Respondents 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. Conside......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. ......ILR 61 Cal. 45: (AIR 1934 Call 461); Bholanath Nandi and others vs. Midnapore Zemindary Company Limited and Six Others [1904] 31 LA. 75, Syed Ali and others v. Sarjon Ali and others 18 C.W.N. 735. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him),..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....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 ...........................................Respondent Judgment November 8, 1987. The Penal Code, 1860 (XLV of 1860), Section 302 FIR is not a piece of substantive evidence but may be used for corroborating or contradicting the maker only. omission in the FIR of the fact leading to recove......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 ......he death reference could not be taken as an extenuating factor for commutation of the death sentence………………(18) Case Referred to- Nausher Ali Sarder Vs. The State, 39 DLR (AD) 194. Lawyers Involved: Mahbubey Alam, Advocate Supreme Court, inÂstructed by Md. Sajjadul Huq, Advoca..Category: Criminal Law | Date: | Hits: 61
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 ......ion that Hindu law is applicable in their case. A court of law does not decide a point in vacuo. Where there is no controversy, the Court is not expected to lay down a law on supposed controversy. As for the other questions whether the parties should be governed by principles of equity, justice and ......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 ...... Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defendant both took the position that Hin..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh 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. ...... High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned prope......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. ......srs. A.T.J. InÂdustries Ltd. and others, 28 DLR (AD) 120; 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, inÂstructed by B. Hossain, Advocate..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 ......m in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admission in the plaint of the former suit, this matter should be remanded to the trial court to decide on evidence to ascertain id......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 ......2; Omar Ali V. Abdul Ali 8 DLR 311, Basant Singh V. Janki Singh AIR 1967 S.C. 341 (343); Mohammed Seraj V. Adibar Rahma Sheikh and others, AIR 1968 Cal 550; Marianski V. Cairns (1852) 1 Macq 212. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....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 ......1984. The Premises Rent 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 t......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 ......sed…………………….(11) Cases Referred to- Ramjan Ali Mistry vs. Md Hedayetallah (1979) 31 DLR (AD) 183; Profullah Kumar Chakraborty vs. Anil Prosad Chowdhury, (1981) 33 DLR (AD) 55. Lawyers Involved: Moksadul Hakim, Senior Advocate, instructed by N.H. Khondker, Advocate-on-Recor..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....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 ......hali by an order dated 26 JanuÂary, 1983 under sections 302/34 and 201 of the Penal Code; all of them except accused Hafez were sentenced to death while accused Hafez was sentenced to transportation for life. Along with them were tried one Joynal Khan and one Yasin Majhi who were however convicted ......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 ......rned Judges of the High Court Division having acquired the accused it cannot be said that their finding is perverse or against any evidence judtifying interference………………………(5 & 6) Lawyers Involved: B. Hossain, Advocate-on-Record. - For the Appellant. Mainul Husain, Advocate..Category: Criminal Law | Date: | Hits: 45
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 ......t Vs. Madhu Mirdha..............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......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 ......pecified in section 339C. Thus the order of the High Court 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, inÂstructed by B.Hossain, Advocate-..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....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 ......zle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for recovery of khas possession of the suit premises after rejecting the defendant- appellant and fo......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 ...... Ltd. reported in A.I.R. 1963 Cal. 473, Jugal Kishore Narain Singh and others V. Charoo Chandra Sur and other, reported in A.I.R. 1939 P.C. 159, Lala Beni Ram V. Kundan Lall reported in 26 I.A. 58 Lawyers Involved: S. R. Pal, Senior Advocate, (S. C. Das, Advocate with him) instructed by Syed S..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......rd, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took deliver) of possession through court on 27th May, 1951 in execution of a decree for eviction, passed in that suit. 3. Thereafter the plaintiff possessed the suit land through ad......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......considering the evidence both oral and documentary came to the above finding………………………(10-12) Case Referred to- A.H. Md. Ismail vs. Sachidananda Bhattacharjee 40 C.W.N.769. Lawyers Involved: M.M. Khondker, Senior Advocjte, instructed by Sharifuddin Chaklader, Advocate-o..Category: Property Law | Date: | Hits: 35
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.......ivil Revision No. 720 of 1984 reversing the concurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he pray......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.......es Referred to- Fazar Ali and another Vs. Afzal Mia and others 9 DLR 258, Jainullah and another Vs. Ami Mia and others 15 DLR 77, Jeo Narayan Matho vs. Budhan Matho and others AIR 1941 Pat 247. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......e allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not a ground for quashing a proceeding, for there are varied circumstances in which lodging of any information as......s a Government in the Country and then in August, 1975 a change was effected in the structures of the State craft and again from 1976 to March 1982 there was Constitutional Government in the Country. Martial Law was promulgated in the later part of March, 1982 and 5 months thereafter this informatio......ourt……………………….(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 DLR (AD) 18, Abdus Salam Master 36 DLR (AD) 58, Moslem Sharif vs. State, Criminal Appeal No. 2 of 1985. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Senior Advocate with him) in..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, accepted in violation of the conditions of the tender forum. The appellant had submitted tender on 18 December, 1986 and claimed that his tender was the h...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil vs. Shama Corp., 1985 BLD, 263 =37 DLR (AD) 117, R.D. Shetty vs. International Airport Authority, AIR 1979 (SC) 1628.
Lawyers Involved:
Rafiqul Huq, Senior Advocate, (M. Fazlul Haque, Advocate with him) instructed b..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....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 ...... Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. ......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 ...... (SC) 503, Himayatullah Farukhi P.L.D. 1969 (SC) 407, Md. Shoib vs. Govt. of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 407 and Shahbaz vs. the State 8 DLR (FC) 20. Lawyers Involved: S.S. Halder, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-R..Category: Property Law | Date: | Hits: 49
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