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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)
....e cases) Vs. Sheikh Aminuddin & others………….. ResponÂdent (In both the cases) Judgment May 8, 1986. The Code Criminal Procedure, 1898 (V of 1898), Section 494 Under this provision of section 494 of the Code the Public Prosecutor alone is authorised to file an applicatio......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)
....decided the appeals on a different ground. It was that the 'M' Form relating to ballot-paper account was not prepared by the Presiding officer and submitted by him to the Returning Officer though the provision for preparation and subÂmission of 'M' Form was mandatory under the Election Rules. The A...... 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
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....s that the Returning Officer shall consolidate in Form L and shall declare to be elected the contesting candidate whom the highest number of votes has casts and since there was no tie the rest of the provision of sub rule (5) need not be considered. 6. It is distressing to note that the Courts be......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....iew of a submission of the appellant that he would be able to obtain an order of stay from the Appellate Division within this period. But when no such stay was granted by the AppelÂlate Division the provisional order of the trial Court did not amount to an order of stay. Moreover, the Leave Petitio......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)
....tication of the declaration on the weekly 'Ispat' Kushtia printed, published & edited by Mr. Waliul Bari Chowdhury from Mukul Mudrayan, Masompur, Kushtia is illegal and as is required under provisions of sections 7 & 12 of the Printing, Presses and Publications (Declaration and Regis......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)
.... view of this conclusion, there is no hesitation in saying that though the Sessions Judge premaÂturely intervened passed the order correctly and legally and any such irregularity is curÂable by the provision in section 537 Cr.P.C. The Barisal Bench rightly refused to interÂfere in exercise of ......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)
....he starting point of the trial. The High Court Division committed no error in holding that there was no illegality in the trial without the aid of the assessors as because the trial started after the provision for assessor was withdrawn…………(8 & 10) Since the act of murder was committe......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)
....suit. The Appellate Division affirmed the judgement and decree passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole author......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)
..... Section 23 of the Contract Act provides: "The consideration or object of an agreement is lawful, unless it is forbidden by law or is of such a nature that if permitted it would defeat the provisions of any law; or is fraudulent or Involves or implies injury to the persons or propeÂrty......(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)
.... on this point. 2. Before the amendment of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983) the hearing of an election petition was governed under the following provisions: "26. Election petitions.- (1) No elecÂtion under this Ordinance shall be called in......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)
.... of Nazlee Begum, wife of defendant No. 1 and this document Ext G was executed as safeguard for the defeÂndant and his wife. This finding is based on conjecture which was recorded overlooking the provision of section 91 and 92 of the Evidence Act. The High Court Davison also viewed as the appel......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)
....ve been the result of mistake. If it is a case of mistake, as it has been accepted by the courts below, then the only question is wheÂther such mistake could not be rectified by taking resort to the provision of section 151 or 152 C.P.C. The Appellate Court below and the High Court Division found t......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)
....y a kabala 12th June 1936 are included in jote No. 5, Rajab Ali within mouza Dakshin Pahartali, P.S. DouÂble Moorings, his interests were not affeÂcted by the sale "Mohal No, 5 Tafur Ali" under the provisions of Act XI of 1859. After the purchase appellant's predecessor got his name mutated in Mut......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)
.... In cases involving the question of guardianship their decisions are seen to be influenced by the concept of welfare of the minor child concerned. In his connection it may be mentioned that under the provisions of Guardians and Wards Act, the Court to whom an application is made under that Act is to......……(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)
.... The rest of the land can be settled by the Government vide section 76: ''(1) Except as otherwise expressly provided in this Act, any land which vests in the Government under any of the provisions of this Act shall be absolutely at the disposal of the Government; and the Government s....... 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
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....Mortgage Bank, which is a Co-operative Society, is a government servant. The leaded Additional Attorney General has referred to the order of appoiÂntment of the respondent, Ext. 1 vis-Ã -vis various provisions of the Co-operative SocieÂties Act, 1940 and the Rules made there under, along with diff......ry co-operative society vests in the general body of its members. The management of every co-operative society is vetted in a Managing Committee constituted in accordance with this Act, rules and bye laws. The Act, or the Rules, do not expressly provide for appointment' of officers and employees of ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....……………..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be tried simultaneously by the same court. Though these is no express provision of law requiring trial of cross-cases by the same court, practice extending over a century......€¦..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be tried simultaneously by the same court. Though these is no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attendin..Category: Criminal Law | Date: | Hits: 60
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