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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.
......ns but the appeal, was pressed mainly, on the ground that the High Court Division was not justified in upholding the order of cancellation and. conÂfiscation which was passed by the Minister without recording any reason and any finding that it was deemed necessary to cancel the license for the secu......€˜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.
..
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 ......e and documents proved in support of respective cases. During the pendency of the election petition as many as three Munsifs came in and acted as Election Tribunal at Cox's Bazar and finally the case record having been transferred by the Election Commission to the Upazila Munsif, Chakaria, the judgm......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 ..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. ......hin 15 days as to why action should not be taken under 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view with malafide intention "obviously to en......otice was served upon the Chairman to show cause why it will not be superseded and since the ChairÂman is the executive head that was sufficient comÂpliance of the principle of natural justice. Non-service of notice of enquiry could not vitiate proceedÂing nor will it have any legal effect on the..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. ......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. ......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. ..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. ...... he was proceeding at their request to hold the mediation at that unearthly hour of the night. Thus we find substance in the only contenÂtion raised by Mr. Serajul Huq that upon the eviÂdence as on record the conviction of appellants 2-4 for the offence of murder with the application of section 34...... 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. ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....lage, and belonging to different landlords, 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 t......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. ......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. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....conÂfession or that the genuineness of the same was not free from doubt. We have examined the facts and cirÂcumstances of the case as also the confession and come lo the conclusion that there is no good reason to upset the finding of the High Court Division as to the truth and voluntariness of the......d to the P.S. with appellant and himself lodged the F.I.R. (Ext.1) at 22.00 hours. 5. On the following day i.e. 22.12.84 the apÂpellant was sent to the Upazila Magistrate, Bagharpara (P.W. 7) for recording his confession (Ext. 6) and after it was recorded he was sent to jail custody. P.W 1 inves......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 ..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....re 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 good conscience they do not merit consideration because here there was no controversy and no body ha...... him) instructed by Sahrifuddin Chaklader, Advocate-on-Record - For Respondent No. 1. Ex-Parte - Respondent Nos. 2-7 & 9. Respondent No. 8 - Being dead his heir ReÂspondent No. 9 is already on record. Civil Appeal No. 40 of 1984. (From the judgment and decree dated 20.6.1983 passed by ......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 ..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. ......said: "We are not limited to the lifeless words of the statute and formalistic canons of construction in our search of the intent of the Congress and in construing a statute, we may with propriety record to the history of times when it was passed (1942) 315 U.S. 262(L). 32. P.O. 16 was promulg......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. ..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 ......nt No.2 and the heirs defendant No. 1, has arisen out of a suit for partition. 2. The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five persons Babu Khan had 8 annas share; Miajan Khan and Alimuddin Khan ha......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 ..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 ......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 ......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 ..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 ...... Section 201 The two alleged eye witnesses having not disclosed 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 i......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 ..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)
....been. Mr. Khan submitted this could not and should not have been fate of co-sharers in a partition suit who claim a sham and have proved documents which were not even objected to. We think there is a good deal of persuasion in the submission of the learned counsel for the appellants. 9. It appear......a suit for partition where each co-sharer is a plaintiff, the appellants should have been given an opportuniÂty to lead oral evidence in support of their case and connecting the documents already on record with the said case even though the appellants failed to examÂine any witness initially at th......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 ..Category: Property Law | Date: | Hits: 34
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 ......sion of a trial has been specified. In the case of the instant proceedings, Sessions Case No.213 of 1983 - the period for conÂclusion of the trial was 120 days from the date of reÂceipt of the case record by the trial Court, but admitÂtedly the trial was not concluded within this period, and that......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 ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ..Category: Criminal Law | Date: | Hits: 52
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 ......lts in the payment of rent for the months of September 1980, August 1981, September 1982, September 1983, September 1984, November 1984 and February 1985. All these informations were derived from the records of H.R.C. Case No.436 of 1974 in the 1st Court of Munsif, Chittagong on an application for i......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 ..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 ......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 ......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 ..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......nces bringing the case within any special exception or proviso contained in any other part of the same (Penal) Code". There has been a complete failure on the part of the defence to prove or bring on record those circumstances which would bring the case within the aforesaid Exception 4. Except the d......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....No. 23 the names of the defendants be recorded as in forcible possession from 1359 B.S. and as that order was passed on 25th March, 1959 corresponding to 11th Chaitra 1359 B.S. the learned Munsif for good reason observed that it could not be held that the plaintiffs bargadar left the suit village la......e 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 directing that the disputed plots......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. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....n favour of A operates not from the date of its registration but from the date of its execution. Hence sale in favour of B which is subsequent to execution of sale deed in favour of A does not give B good title against A." 16. The Division Bench came to the conclusion that section 47 is intended ......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.......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...Category: Property Law | Date: | Hits: 118
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