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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 ...... with each other and as such these offences clearly fall very much within the ambit of section 195(c). No cognizance thereof can be taken except on a complaint by the court…………………(15) Cases Referred to- Emperor v. Raja Kushal Pal Singh, AIR 1931, AIL 443, Patel Laljibhai v. State ..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 ......objection is not sustainable. The point not raised earlier is not permitted to raise an issue before the appellate division for the first time. The appeal is without substance mad hence dismissed. Case referred to- 52 C.W.N. 64. Lawyers Involved: Mohammad Ayub, Advocate-on-Record. - For ..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 ......s narrated in the prosecution story demanded disclosure of their name, if the story was at all true and such nondisclosure casts serious doubt as to reliability of the prosecution story..……(22) Cases Referred to- Noora V. State PLD 1973(SC) 469, Ghulam Qadir V. The State P.L.D. 1959 (S.C.) ..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 ......s' behaviour has been presumptuous. For the reasons 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 ..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......re in the previous Rules-Rules of 1984. It is impossible to apply the provision of time-limit under the Rules of 1985 in a proceeding which was drawn under the Rules of 1976……………….(16) Cases Referred to- Shyamakanta Lal v. Rambhajan, AIR 1939 FC 74, Lachmeshwar Prasad Shukul v. Kes..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. ......w are set aside. Other Class Suit No.1 of 1966 out 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 ......viction of the appellant from section 302 to section 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 ......hesitation in saying that the appellant had another remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal ..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. ......rial court to alter its previous finding that the summons was duly served. In the circumstances the trial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Commissioner, Sylhet V. Israil Ali and others, 1981 BSCR, 222, Santos..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 ......is granted it will be beyond its jurisdiction and 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
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. .......R.R. Khatian No. 106 the suit land was recorded wrongly in the names of Raj Mohan and others who created a fictitious Kabala in favour of defendant No. 1 and against the said wrong khatian Misc. Case No. 247 of 1966-67 was filed before the Sub-Divisional Magistrate, Feni who by his order dated ..Category: Property Law | Date: | Hits: 43
....irhat Upazila. In both the applications allegations were made; inter alia, as to misuse of revolver by the appellant. From the inquiry report (Anx."B") to the affidavit in reply) of the Martial Law Inquiry Committee, it is found that the inquiry was held with notice to the appellant who made alleg......g him with a fait accompli. The Government order (cancelling the revolver licence) has been passed without lawful authority and is of no legal effect…………………….(17, 18, 19 & 24)
Cases Referred to-
Godha Singh Jabra Singh vs. District Magistrate, Farozepur (AIR 1956 Panjab 33..
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 ...... Tribunals below, unfortunate it may seem though 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)
....onfirm or modify or set aside the order." Section 132 enables the Prescribed Authority to give direction to the Paurashava to take a particular action. Section 133 is in the following terms: "Inquiry into the affairs of Paurashavas.- (1) The Government may, either suo motu or on an app......r under section 135 and such exercise tantamount to colourable exercise of power. The High Court Division has correctly declared the impugned order as illegal.………………..(28, 29 & 37) Cases Referred to- N.P.T. Co. Ltd. V. N.S.T. Co. Ltd, A.I.R. (SC) 232, State of Maharashtra V. B...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. ......epurchase of that share because the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Aks..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. ......nd they are acquitted of the charge. They should be 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. ..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. ......on the low waste, land only in dry season for 4 or 5 months only. Such limited user on indulgence will neither make it a custom from lime immemorial nor reasonable……………………(15 & 16) Cases Referred to- Barindra Chandra Das and others V. Mvi. Mahbubul Quadir and others 7 DLR 464; ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......t in taking the view that a delay of one year seven months in disposal of the death reference could not be taken as an extenuating factor for commutation of the death sentence………………(18) Case Referred to- Nausher Ali Sarder Vs. The State, 39 DLR (AD) 194. Lawyers Involved: Mahb..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 ......ry. As it has been noticed that the plaintiff and the defendant both took the position that the Hindu Law is applicable in their case, this point need not be pursued further…………………(7) Cases Referred to- 32 DLR 187, Mondodari vs. Kshitendra S.A. No. 2256 of 1931. Lawyers Involve..Category: Property Law | Date: | Hits: 32
Government of Bangladesh 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. ...... he owns a house and rent a flat and his mother lives here and his father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established…………………(29) Cases Referred to- 28 DLR (AD) 120; 30 DLR (SC) 101; AIR 1963 (SC) 1819; (1889) 14 App. Case 631 ..Category: Immigration and Citizenship Law | Date: | Hits: 214
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