Search Options
Judgment Advanced Search
Displaying 6161-6180 of 7097 results.
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....otection) Ordinance, 1982 for an order of abatement of the suit. The learned Judges of the High Court Division held that the appeal and not the suit filed by the respondents has abated in view of the provisions of the aforesaid Ordinance. 4. Being aggrieved Government-appellant moved this Court a......nnot be challenged as being invalid. Section 3 of the Ordinance 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)
....to depose on oath that no summons was served upon him by the process-server as alleged. The process server was, of course, not examined as a witness as his examination is not mandatory in view of the provision of rule 19A of Order V, Civil P. C. Examination of the process-server is mandatory when he......e case of Deputy Commissioner, 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 fulfilled 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)
....lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition 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......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
....involves examination of Section 18 of the Arms Act 1879 which deals with deals with the subject of cancellation and of license of foe-arms. The main burden of the judgment has been to interpret the provisions, of the said section and to hold that the order in the present case was passed within the......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 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 ......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)
...., neither the Chairman nor any Commissioner was asked any question regarding the materials collected by the committee from the Pourashava Office, and the enquiry was not held in accordance with the provision of section 133 of the Ordinance. 9. The Government filed an affidavit-in-opposition and................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)
....his right to joint possession which is one of the main incidents of co-ownership of property. The Courts have not hesitated to put a liberal construction upon the Partition Act and to interpret its provisions in such a way as would promote and fulfill the object of the Partition Act which is to pr...... 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 appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......Pada were beaten up by others. Nanda Lai died instantaneously 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 plaintiffs' 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 committed an error of law in dismissing the second appeal 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)
....esses on the point nor the same made the prosecution case doubtful in any manner. Grounds 2 and 3: 14. The High Court Division upon an elaborate examination of the confession (Ext. 6) and the provisions of Law found that it was true and voluntary. The only objection as to the confession ra......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 Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....y under Article 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 erroneous construction of the relevant provisions of law referred to above." 3. The crucial question is, whether the suit property is an......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 erroneous 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)
....r statements 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 to the English......r plot No. 215 was identical with item No.1 of Babu Khan's kabala Ext. B after giving the defendants an opportunity for taking out a local investigation, and for disposal of the suit according 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)
....d 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 to receive rents as per provision under section 18. The appellants having failed to prove that there was any such written co...... 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 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 ......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)
.... is not sustainable in law. 5. In the result, the appeal is allowed. The impugned order 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
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....t was produced by the defendant-appellant to show payment of rents for these months No receipt was also produced to show payment of rents for March 1973 and April 1973 in time. Having regarded to the provisions of clauses I and 5 of section 18 of the Ordinance and the facts established in the case w......ent subsequently with interest which was accepted by the decree-holder. The question was whether it was a waiver and the Division Bench took the view that the question of waiver is a moot question of law and fact. It was observed: "The conduct of the decree-holders, however, lulled the judgm..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. ...... the 16th April, 1965 was not barred by limitation. This finding of the Court of Appeal below cannot be construed as a making of a new case. The question of limitation is a mixed question of fact and law. In this case Court of Appeal below after considering the evidence both oral and documentary cam..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....e suit land in furtherance of his bainapatra. The equitable principle as given in section 53A can be invoked by the defendant for protecting his possession but since the defendant is protected by the provision of section 47 of the Registration Act, this point needs no further consideration. In th......ubstance in this contention. The agreement was found genuine by the two Courts below. Even the learned Single Judge did question it. As for the second part of the contention is not the requirement of law that the bainapatra must mention that possession was delivered in pursuance of the agreement. ..Category: Property Law | Date: | Hits: 118
17011699169816971693169216911690168916881687168616851684168316821680167816751674