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Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ocess of the court if should be issued on the application of the prosecution. Without complying with this provision the learned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this sta..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......d on 17th November 1983. Appellant is the permanent Managing Director of the Company. Respondents and another, namely, Farhad Ahmed Rafiq are the MemÂbers/Directors of the said Company. According to law, the first Annual General Meeting of the Company was to be held within 18 months from the date o..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......f 1985.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the only question for consideraÂtion is whether the learned Single Judge of the High Court Division is well-founded in law in upholding the trial Court's decision that the Deputy Commissioner is competent to file writte..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......annot both approbate and reprobate, at the same time. 17. Mr. B. N. Chowdhury, Counsel for respondent No. 1(d), quite vigorously argued his case in support of his contentions as to requirements of law for impleading all the Shebaits of the deity, including Annapurna, widow of the last Shabait, Pr..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......allowed the withdrawal on perusal of the order of the Government forwarded through the Deputy Commissioner. This is clearly illegal; the Magistrate must act acÂcording to his judicial discretion and law. Moreover, the Government's order as to Withdrawal did not show any reason for withdrawal. We fi..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....cate for the respondent, has submitted that the appellant in his election petition did not make any prayer for recounting the ballot-papers and that after about two months he filed an application for amending the election-petition so as to include therein a prayer for recounting the ballot-papers. T...... Single Judge of the High Court Division having heard both the parties came to certain findings which are summarized below: The partial reflection as directed by the Tribunal is not sustainable in law as elecÂtion of the returned candidate as chairman of the Union Parishad was also not declared ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......sed for determiÂnation in the trial Court. It is now too late to raise this question in giving effect to the condition in the order for rateable since the trial Court acted well within the bounds of law. The High Court Division do not find any reason to interfere with the impugned order.………....Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....Âcluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......tion 10 The General Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District Magistrate in authentication of a declaration……â€..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......nner in which the question has been mooted before us as one of general public importance; it is all the more necessary that the forum of the Appellate Division should be addressed for settling the law on the point finally." Thereafter leave was granted by this Court to consider the contenti..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....tation of section 6 of the General Clauses Act but in the present case the court is called upon to interpret the savings clause of the Ordinance, It is true that when there is a savings clause in the amending law that precisely calls for interÂpretation but the facts of the case before, the Supreme......efore the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Criminal Procedure no vested right accrues to the accused to be tried under the unamended law………….(8) Trial in a Sessions Case presupposes the appearance of the accused befo..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......peraÂtive and not binding upon the SalimaÂbad; (e) that a decree be passed declaring that the Memo. No. XVII-9/78-2226/1(3) dated 24.2.78 issued by the defendant No. 2 is wholly illegal, without lawful authority, malafide, void, inoperative not binding upon the Salimabad hat and is of no legal ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......(XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unlawful bargain……(13) Section 9 of the Ordinance provides that o..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......arranted interference with the administration of Justice. It is deliberately calculated to lower the image of judiciary in public eyes. It is a contumacious disregard of the dignity of a Court of law which must be visited with appropriate punÂishment. We find the contemner guilty of contempt ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....sion of an Election Tribunal. The omission or lack of a forum where an appeal against the decision of a Tribunal could be challenged was removed by providing an appeal to the District Judge by the amending OrdinÂance No. XLIV of 1984. Thus, section 29 of this Ordinance was amended by replacing ......rt Division, Dhaka and Rangpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is avaiÂlable to a person for challengin..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......he trial Court as well as the appellant Courts below discarded the defence case and decreed the suit. The Appellate Division on correct analysis of the evidence on record and the principles of law involved in the case set aside the judgements of the Courts below and dismissed the suit on the..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....e had no jurisdiction to amend the final decree at this stage of the proceeding since ha was functus officio. The Bombay High Court repelled the contention and upheld the order of the trial Court for amending the decree "in such a way as to bring it into conÂformity with the meaning of the Court wh......partition and the Pleader Commissioner allotted the said land to the plaintiff and the final decree was pasted thereon. The contention of the learned Counsel was that the High Court Division erred in law in holding that the preliminary decree cannot be corrected and modified in the appeal against th..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......ions 5, 6 and 7 of Bangal Laud Revenue Sales Act (Act XI of 1859) upon the plaintiff and the recorded owners of the jute or even in the locality and kutchery of the Malgujar in the manner required by law, result being that properties worth Tk. 40.000/- were sold at a shockingly low price of Tk. 400/..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......……(21) Child’s welfare is of paramount importance in appointing guardian. Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for appoint..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......t in view of creation of the tenancy in favour of Kala Mia, father of the respondent, the latter was estoÂpped from questioning the appellant's title under section 116 of the Evidence Act. 6. The law on the subject, that is, landÂlord-tenant relationship, is a settled law. It has been expounded..Category: Property Law | Date: | Hits: 37
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ....... The plaintiff's simple case is that he was on the land since 1927 and the land was a low land. It silted up gradually and in 1940 it became fit for cultivation of jute and since it was regulated by law, he applied for licence and got Ext.1. Then he grew jute. The landlord was Maharaja Sashi Kanta ..Category: Property Law | Date: | Hits: 37
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