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Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)

....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......pellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27 of 1985 The Transfer of Property Act [IV of 1882] Section 106 The question of title being rightly decided by the trial court on consideration of relevant document whi......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..

Category: Tenancy Law | Date: | Hits: 106

Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......and foot by its own conduct disentitling them form any relief. No illegality has been committed in passing the order by the government and there is no violation of principle of natural justice and no question of estoppel. Hence the appeal is dismissed……………..……(10, 11 & 13) Lawyers In......e Minister granted lease of the fishery to respondent No.1 for 3 years on 20th September 1982. The appellant Society has bound itself, hand and foot, by its own conduct which manifests from aforesaid facts and it cannot, therefore, escape by pleading unawareness of the Government which were made on ..

Category: Property Law | Date: | Hits: 34

Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)

.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......C.S. Khatian No.19. Bhagaban Chandra sold his remaining interest, that is '25 acre, to respondent No.1 and his brother on 23rd August 1969 and thus the respondent became a co-sharer in the holding in question and as a co-sharer and an owner of contiguous lands he was entitled to pre-empt the land ......tion. 9. From the judgment of the learned Single Judge of the High Court Division it appears, however, that those documents were in the file of the case. After considering them and examining the facts and other questions relating to the matter he set aside the judgments and decrees of the court..

Category: Property Law | Date: | Hits: 29

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ...... Circle Officer (Revenue) on 5th December 1975, plaintiff-respondents did not file the present suit but waited till the period of limitation for filing such a suit expired. In view of the aforesaid facts and circumstances of the case and also because no consequential reliefs were sought for by the..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......ondent No. 13 & 19- Not represented. Respondent Nos. 5-12, 14-18 and 20-25 -Ex-parte Criminal Appeal No. 30 of 1983. Judgment: Shahabuddin Ahmed J.- This appeal by special leave calls in question an order of acquittal passed by a Magistrate, First Class and confirmed by the High Court D...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..

Category: Criminal Law | Date: | Hits: 50

Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)

....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..

Category: Property Law | Date: | Hits: 32

Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)

.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......aim to possession of such property. The judgment-debtor in such a case may, if aggrieved, institute a suit to establish his title and on obtaining a decree can recover possession of the property in question. 11. As already mentioned respondent Nos. 1 and 2 obtained a decree for recovery of poss...... declaration of title and confirmation of possession and also filed an application for temporary injunction restraining respondent Nos. 1 and 2 from prosecuting the Title Execution No.3 of 1983. From facts so far disclosed, it appears that the appellant's prayer for temporary injunction cannot be gr..

Category: Tenancy Law | Date: | Hits: 114

Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)

....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......ecord- For the Respondent Nos. 1 & 3. Respondent No. 11- Died Not Represented- Respondent Nos. 2, 4-10 and 12-13. Criminal Appeal No. 26 of 1984 Judgment Shahabuddin Ahmed J. - The question involved in this appeal by special leave is of considerable public importance. It is wh......No. 106 of 1980, corresponding to Sessions Case No. 51 of 1981. The case has run a zigzag course for a period of over 9 years. For the purpose of deciding the question raised before us the relevant facts thereof may be briefly stated below. 3. One Mansur Sarder of village Chardhupuria, P.S. Jan..

Category: Criminal Law | Date: | Hits: 75

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......��……………………Respondent Judgment March 15, 1988. Criminal Appeal No. 18 of 1987 The Code of Criminla Procedure, 1898 (V of 1898), section 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and f..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......on-in-chief. The cross-examination of P.W. 2 and P.W. 9 does not reveal that it was done in the manner indicated above. A lengthy compound sentence recording the various answers of different kinds of questions is neither permissible nor desirable as has been done in the present case. The defence can...... the grievance that certain material aspects of the evidence were not considered by the High Court Division to their great prejudice. We shall come back to them shortly after noticing briefly the facts of the case. 3. One Safil Uddin @ Joybas Ali of village Daulat Rasulpkur, P.S. Mithapukr wa..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......refusing to quash a criminal proceeding which was assailed on the ground that private complaint on which the proceeding started was hit by the mandatory prohibition in section 195(c), Crl. P.C, The question raised in this appeal relates to the scope and extent of this section. 2. Accused-appell...... purchase of a land and then filed the suit claiming specific performance of the contract as evidenced by the Bainapatra which also they produced in the court in support of their claim. As such these facts should attract the prohibition of clause (c). The learned Additional Attorney General has howe..

Category: Criminal Law | Date: | Hits: 63

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ...... Acquisition and Tenancy Act came into force. So, limitation is available to the petitioner under the BT ACT. Thus the case was filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitione......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..

Category: Procedural Law | Date: | Hits: 92

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......tances…………..(20 & 21) State................................................................Respondent Non-disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The alleged eye-witnesses did not disclose n......e deceased Efaz by Ajit and in that confessional statement Daud detailed the circumstances how the hostility developed between the two groups over the lease of the Hat. The trial Court accepted the facts from the confessional statement in order lo base its conclusion on the oral evidence. Analysis..

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......he High Court Division issued the following Rule Nisi upon the respondents: "Let a Rule Nisi issue calling upon the respondents 1-5 to show cause as to why the impunged order of the fisheries in question with the respondent No.5 by the respondent No.1 on 19.7.1985 or at any date vide the Annexu......earned Judges were prima facie satisfied about the appellant's right and possession in the said fisheries. Further, in their application filed on 11th September 1985 respondent No.5 merely stated facts which were not substantiated by any materials on record so as to enable the High Court Divis..

Category: Property Law | Date: | Hits: 45

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....pealed by the Rules of 1985 -Government Servants (Discipline and Appeal) Rules, 1985- which came into force on 20 August 1985. It appears that the provisions of these two Rules 1984 and 1985, contain identical provisions in many respects; but the Rules of 1985 have done away with the expression "as ......- These three appeals by special leave are directed against a common judgment of the High Court Division dated 10 March 1987 disposing of five Writ-petitions including W.P. No. 83 of 1985. A common question of law relating to interpretation of certain statutes being involved in these appeals they ......the High Court Division is correct, reasonable and in accordance with the established principles and rules of construction. In addition to this question as to interpretation, another ground involving facts was taken in Civil Appeal No. 12 of 1987. It is that the departmental inquiry on the basis of ..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ...... section 4(2) of the Ordinance No.XXXIII of 1982. They are: "4. Abatement of legal proceedings.- (1) The Constitution of Reserved Forest as is referred to in section 3 shall not be called in question on any ground whatsoever before any Court. (2) All suits, appeals, petitions, applica�......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..

Category: Property Law | Date: | Hits: 63

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......homicide not amounting to murder punishable under Part-H of section 304 of the Penal Code. 4. It appears that neither the trial Court nor the appellate Court paid any particular attention to the question whether the act of the accused Bandez Ali attracts the definition of murder under section 3......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..

Category: Criminal Law | Date: | Hits: 67

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 ......udgment: Badrul Haider Chowdhury J. - This appeal by special leave is directed raglans the order of the High Court Division in Writ Petition 435 of 1985. 2. Leave was granted to consider the question whether the High Court Division was justified in rejecting the petition under Article 102......ay of revision and the ratio of the decision in 35 DLR (AD) 127 has no manner of application. It was observed: "In our view the observation made in that decision was with reference to the facts in that case. In that case the petition in the revisional application under section 439A C..

Category: Constitutional Law | Date: | Hits: 174

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......ve that the summons was not served as claimed by the plaintiff and it was incumbent upon the defendant to depose on oath that no summons was served upon him by the process -server as claimed. But the question is what is the basis of trial court's finding that the summons was not served. The basis, a......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......ent of rent and accordingly made payment of the same voluntarily. Further, plaintiffs claim was by waiver, acquiescence, estoppel and limitation. 4. Trial Court, on declaring that the lands in question arc not liable to assessment of rent decreed the suit. It was also ordered that the plainti...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..

Category: Property Law | Date: | Hits: 47

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