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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 ......f I860], sections 302/34, 326/30 The Evidence Act, 1872 (I of 1872), section 30. The Penal Code, 1860 (XLV of 1860), sections 326/34 or 149 The confession was no confession in the eye of the law as the maker did not implicate himself in the commission of the alleged offence. If the principa..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 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 ......der of the fisheries in question with the respondent No.5 by the respondent No.1 on 19.7.1985 or at any date vide the Annexure-‘D’ should not be declared to have been granted or given without any lawful authority and of no leÂgal effect and why the petitioner-Samity's still subsisting lease-hol..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. ......e appeals by special leave are directed against a common judgÂment of the High Court Division dated 10 March 1987 disposing of five Writ-petitions including W.P. No. 83 of 1985. A common question of law relating to interpretation of certain statutes being involved in these appeals they have been he..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....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. ......nnot be challenged as being invalid. Section 3 of the OrdiÂnance provides as follows: “ Notwithstanding anything contained to the contrary to the Forest Act, 1927 (XVI of 1927) in any other law for the lime being in force or in any judgment, Decree or Order, the lands comprising of 59,64..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 ......arch 17, 1986. The Code of Criminal procedure (V of 1898), sections 439(4) and 439A(2) The Constitution 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..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. ......e case of Deputy ComÂmissioner, Sylhet V. Israil Ali and others, 1981 BSCR, 222. In that case this Court held that a court while passing an ex-parte decree must be satisfied that all requirements of law have been fulÂfilled and held that the decree passed in that case “neither satisfied the lega..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 ......any land from assessment or payment of rent. The impugned letter of the government directing the respondent 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..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.
......he 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 is embodied in the maxim audi alteram partem. the authorities in the present case at all s..
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 ......nts Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronte..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. ................Respondents Judgment August 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 ..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. ...... Commissioner, but the Court at that stage is not concerned as to what direction should be given to the Commissioner for completing the partition. It is true that the defendant is a purchaser but the law allows under section 4 of the Partition Act the plaintiff to claim for repurchase of that share ..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. ......Pada were beaten up by others. Nanda Lai died instantaneÂously having received the said injury. The accused left the place. Many neighbouring people including Surendranath Biswas (P.W.1), brother-in-law of Nanda Lai arrived at the place of occurrence and heard everything from Amalendu and Bishnupad..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. ......Saladurjaman Chowdhury v. Oajuddin ILR 63 Cal. 851=AIR 1937 Cal. 46 and Asrabulla and others v. Kiamatulla Haji Chowdhury and others AIR 1937 Cal. 245, the High Court Division comÂmitted an error of law in dismissing the second apÂpeal by considering the reasonableness of the right of pasturage in..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 ......t the Magistrate before recording the confession did not inform the appellant that he would not be remanded to police custody even if he did not make any confession. There is no requirement under the law to inform the accused as above. Of course, if a Magistrate has any reason to believe that the ac..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 ....... 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 Hindu law is applicable in their case. A court of law does not decide a point in vacuo. Where there is no ..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. ......e 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 erroÂneous construction of the relevant provisions of law referred to above." 3. The crucial question is, whether the suit property is an abandoned pro..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 ......r plot No. 215 was identical with item No.1 of Babu Khan's kabala Ext. B after givÂing the defendants an opportunity for taking out a local investigation, and for disposal of the suit acÂcording to law. 7. In Second Appeal the High Court Division set aside the judgment of the Court of appeal be..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 ...... Controller on August 7, 1973 after making an offer on July 19, 1973 by money order cannot save defendant-appellants from being defaulters within the meaning of the aforesaid sub-section. 10. The law as to when a tenant would become be deemed to be a defaulter as provided in the Ordinance has al..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 ......sed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused..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 ......e impugned order of the High Court Division (Barisal) stopping all proceedings of the Sessions Case No.213 of 1S$3 and releasing the accused respondent under section 339C, Cr.P.C., is well founded in law. 2. Facts necessary for disposal of this appeal are that on a first information report lodged..Category: Criminal Law | Date: | Hits: 60
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