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Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......o. 3 of 1982 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Amirul Islam Chowdhury and Mr Justice Md. Altaf Hossain) on 30th May, 1983. 2 Facts as stated in the ejahar which was recorded by Officer-in-Charge, Kuliarchar P.S. are that on the night of 31st Bhadra, 1386 B.S. corre......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......prosecution, examining the accused and hearing both the parties, if the court considers that under the given evidence, there is no evidence of commission of the offence, then only order the Court can record is an order of acquittal. …………..(11) Section 339C Cr.P.C. provides for release......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ...... of arrest having been issued against them and that when the notice of the revisional applications was served upon them they refused to accept the same. In the circumstances, no question of non-service of notice can be raised before us. As to the merit of the case the learned Judges observed, ..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......ether it is a mere omission all the part of the Tribunal The Tribunal gave serious consideration to the question whether the election of the returned candidate should or should not be set aside and recorded its reason for not setting aside the respondent's election hot for maintaining It, The reas......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....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 ......The Appellate Court further disapproved of the method of recounting at the instance of the Returning Officer and upon analysis of the evidence the finding was: “Considering the materials on record and the circumstances of the case I find the Presiding Officer and the Returning Officer co......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)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......lows: "Government of the People's Republic of Bangladesh, Office of the District Magistrate, Kushtia. Memo No. P-III/11-85/203-C dated 16.4.1985. ORDER Whereas on perusal of records, I am satisfied that the authentication of the declaration on the weekly 'Ispat' Kushtia p......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......ding under section 145 of the Code was moved on 6.11.84. On the same date the learned Magistrate asked for report from the officer-in- charge of the police station. On 17.11.84 the learned Magistrate recorded the following under: "Record is put up today. Seen the report of O/C. I am satisfied......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... no vested right accrued to the accused to be tried under the unlamented law. The Court held that if before that contingency arises the legislature intervenes and changes the procedure, there is no good reason why the new procedure should not become applicable to the trial. 9. In the case befor......mes pending. In the instant case since all the accused appeared and the case was taken up for hearing on 16.3.81, that date, in our opinion, marks the beginning of the pendency of the trial. It is on record that once before all the accused appeared and trial date was fixed by order dated 15 2.78. If...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....st in land. It grants the franchise of holding a market and authorizes a market to be held; and it does so after inquiry by a peculiar proceeding, whether the granting of the market will be for the good of the public or to their detriment; therefore there seems to be no reason why the grant should......nd was liable to be closed down. The learned Single Judge of the High Court Division was, therefore, of the view that the impugned orders were not malafide or arbitrary nor contrary to material on record. 14. Being aggrieved, appellants moved this Court and .obtained special leave to appeal to......(2) of the Public Servants (Retirement) Act, 1974. The provisions contained in this section, before its amendment in 1981, were as follows: "9. (2) The Government may, at any time, retire from service a public servant who has completed twenty-five years of service without assigning any reason..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......y especially on section 10 inasmuch as the entire judgment revision such foundation of interpretation of section 10 of the Act and section 23 of the Contract Act. As for sub-letting the trial court recorded the finding that the defendant had admitted the breach by sub letting the premises to defen......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....y nature of the judicial function makes judges sympathetic and responsive. Their very training blesses than with 'insensitivity', as opposed to hypersensitivity. Judges are always seeking good reasons to explain wrong conduct. They know there are always two sides to a coin. They neithe......ari, Upazila, Kurigram sat by his side and said that respondent No. 2 should take practical training from him as to how cases are filed, how depositions are taken, under what sections depositions are recorded, etc. These utterances were made in the presence of Advocates, Court Sub-Inspector and th......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 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......fication. (2) Where the person constituting an Election Tribunal is succeeded by another, the trial of a petition shall continue before the person so succeeding and any evidence already recorded shall remain upon the record and it shall not be necessary to re-examine the witnesses...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....it; is, like every other presumption of fact, capable of being set aside by contrary proof. The Privy Council says in a formula as under: "The result is that a claimant son who has in his favour a good acknowledgement of legitimacy is in this position. The marriage will be held proved and hi......ve the suit was brought out. The 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...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......efore us, and therefore, do not express our judgment." Accordingly the decree was amended. The Court further noticed; ''we are not now making anew order on the appeal, but simply amending the record because it doss not correctly state what the order of the Court was," 16. A similar ques......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....lity of the suit on the ground of limitation has, therefore, justifiably been raised by the defendant-respondent. Lack of knowledge of the impugned sale due to non-service of notice might have been a good ground for overcoming the plea of limitation, but plaintiff-appellant's conduct from the date o...... “Mahal No. 5 Tafur Ali," was sold on 24th January 1953 without issuing and serving any notice under lections 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 requi......F 1859), sections 26 and 33 The General Clauses Act, 1897 (X of 1897) Section 27 The learned Judges of the High Court Division committed no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and d..Category: Fiscal/Taxation Law | Date: | Hits: 80
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