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....€˜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.
......ecord the reasons for cancellation and finding as to the security of the public peace? Some decisions from the Indian jurisdiction were considered by the High Court Division which shows a conflict of views. The High Court Division, however, agreed with the decision in Godha Singh Jabra Singh Vs. Dis..
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 ......Mr. Khan has rightly refrained from arÂguing that a valid ballot paper was not counted in faÂvour of the appellant or that an invalid ballot paper was counted in favour of the respondent. 17. In view of the discussion above we find no substance in the contention ultimately raised by the learned..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. ......section 135 (1)(b) of the OrdiÂnance. 6. Respondent No. 1 submitted a parawise statement and pointed out that the report is not based on the records of the Pourashava and it has taken disÂtorted view with malafide intention "obviously to enable the Government to take steps against the peÂtitio..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. ......r of the plaintiff according to law and in the light of the obÂservation made above." 5. Leave was granted to consider whether the approach that was made by the High Court Division was correct in view of the nature of the suit and the contention that even if any area is lo be excluded that could..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. ......r of Nandalal was that of appellant No. 1 Amar Thakur alone and he has been rightly found guilty for the said offence. Mr. Serajul Huq has refrained from making any submission on his behalf. 8. In view of the discussion above, the appeal is allowed in part, that is in respect of appellants No. 2-..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. ......rds, which reÂsult in precluding the land from being brought under cultivation, is unreasonable and is not legally enÂforceable. The decision in 7 DLR 464 is good one and it does not call for any review. 7. Appellants' next contention is that in view of the decisions in Mahamaya Debi v. Haridas..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 ......bligation to account for the death for which he is on trial. The consideration is bound to be different in a case like this……………..(16 & 17) The High Court Division was right in taking the view that a delay of one year seven months in disposal of the death reference could not be taken as ..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 ......d contended that the plaintiff is not entitled to any relief. The trial Court found that the plaintiff is out of possession of the suit land and his remedy is to bring a suit for parÂtition. In that view of the matter the trial Court disÂmissed the suit as being not maintainable. On appeal the lea..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....are attracted to make the respondent first a non-national, inasmuch as, he was not a permanent resident of Bangladesh and then his residence in U.K. was taken as permanent residence. This approach is erroneous because in P.O. 149 both the concept had been kept in view by the legislature e.g. permane......stained. The High Court Division t in this part of its finding." 15. Then in the case of Bangladesh and others Vs. M/s Speedbird Navigation Co. and others, 30 DLR (SC) 101 the Court reiterated the view that Liken earlier as to the meaning of the expression of the abandoned property. It was viewed..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 ...... bound by their stateÂments in the previous suit. 11. The High Court Division wrongly relied on Omar Ali V. Abdul Ali 8 DLR 311 where no such question as contended before us was raised. 12. In view of clear provision in section 17 of our Evidence Act, 1872 it will not be appropriate to refer ..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 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 ......it to the Informant, was mentioned specifically in the first information report lodged at the earliest opporÂtunity. But Mr. Mainul Hussain, learned Counsel for the respondents has contended that in view of the admitted enmity with Rashid and Mobarak it is unÂlikely that they would accompany the d..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 responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......ls of those documents and that in the absence of oral evidence the» prayer for saham even was not before the court. 10. Mr.T.H. Khan frankly admits that no exÂception can be legally taken to the views expressed by the High Court Division. He, however, pointed out that there were some materials ..Category: Property Law | Date: | Hits: 34
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 ......ment of rent by the defendant-appellant after the plaintiff-respondent acknowledged the payment of rents for the aforesaid period." 5. Mr. S. R. Pal, appellant's Counsel, Submitted that, in view of payment of rent for the months of March 1973 to August 1973 which appeared from the receipt,..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......nauthorised and for eviction of the defendants. 5. Title Suit No.193 of 1978 was transferred and renumbered as Title Suit No.320 of 1980 for analogous trial with Title Suit No.33 of 1979 6. In view of our proposed order we advisedly refrain from dealing with the factual aspect of the case, bu..Category: Property Law | Date: | Hits: 39
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. ......er dated 25.3.53. By this order the defendants were shown in the Record-of-Rights to be "in forcible possession" of the land of the plaintiff. The learned Advocate for the appellant submitted that in view of the fact that Ext. D, the record of rights, was corrected on the plaintiff's own petition by..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....nciple of section 53A of the Transfer of Property Act the defendant is protected. 6. Dr. Kamal Hossain, learned Counsel appearing for the defendant-appellant submitted that the High Court Division erroneously overlooked that the title of the defendant related back to 30.12.72 the date of executio......chase it at a consideration of Tk. 8000/- on 30.12.72. It was observed: "that he got the delivery of possession of the suit land just after execution of the bainapatra in his favour in 1972". In this view of the matter the trial court dismissed the suit. On appeal the Appellate Court below noticed t..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 ......the High Court Division Jessore Bench, in Criminal Revision No. 66 of 983 and Criminal Revision No. 68 of 1983.) Judgment: Badrul Haider Chowdhury J.-I regret that I could not subscribe to the view expressed in the judgment by my learned brother S. Ahmed, J. 2. Facts are given in the judgm..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.
......itted on 18 December 1986, which was the highest? According to the appellant, his was the highest; but according to the respondents, that of respondent No. 4 was the highest. The trial Court took the view that since the tenders received on 6 December 1986 were not cancelled and no fresh Tender Notic..
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 ......s 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 44 decimals was de-requisitioned, nothing further was done and no enquiry was ei..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....be governed by the Labour law. Therefore, the finding of the High Court Division that the respondent was an employee of the Corporation or that he was governed by "B.T.M.C. Service Rules" is palpably erroneous……….(10) (iii) in view of the findings that the respondent is a worker and that he......fore, the finding of the High Court Division that the respondent was an employee of the Corporation or that he was governed by "B.T.M.C. Service Rules" is palpably erroneous……….(10) (iii) in view of the findings that the respondent is a worker and that he is not an employee of the Corporati..Category: Labour and Industrial Law | Date: | Hits: 122
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