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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 ...... 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 ....................Respondents Judgment June 25, 1986. The State Acquisition and Tenancy Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the e..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 deÂcree 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. ......ted substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case. Furthermore, the important finding of the trial court, which seems to be correct, that defenda......ower appellate court deÂcreeing the suit being O.C. Suit No. 6 of 1970 of the Second Court of Munsif, Feni. 2. Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belonged to one Samad Ali who died leaving daughter Jait..Category: Property Law | Date: | Hits: 43
....€˜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.
......thers.. .................................Respondents
Judgment
July 29, 1987.
Result:
The appeal is allowed.
The Arms Act, 1898 (XI of 1878), Sections 16 & 18
In the facts of the case we think it was absolutely necessary to hold the inquiry with notice to and in the presence of ......€˜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 ......rticular ballot papers and those were met. So, it is not possible that a valid ballot paper was left for counting in favour of either party. So, even though it is unfortunate that the decision in the case turned on two marginal votes only, there is no scope of interference………………..…(16 ......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. ......tions, or (c) generally acts in manner contrary to public interest." Then the Government can supersede the Paurashava whereupon the Chairman and Commissioner shall cease to hold their office. In this case the Government acted under clause (b), namely, the Pourshava is unable to administer its affair...... A.I.R. (SC) 232, State of Maharashtra V. B. K. Takkamorc A.I.R. 1976 (SC) 1353, State of Assam V. Gauhati Municipality A. I. R. 1967 (SC) 1398, Durayappah v. Fervando and others, 1967 (2) The All England Law Reports 152(07). Lawyers Involved: M. Nurullah, Attorney-General (Hasan Arif, Deputy ..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. ......cree." 7. Mr. Pal submits that in this state of things there is hardly anything for the High Court Division to revise the orders of the Courts below far less to reverse the decision and remand the case to the trial court. 8. In Subal "Chandra Modak V. Gostha Behari Das, 60 CWN 829 a Division B......ule absolute and remanded the suit to the trial court with the following direction: "That he shall appoint a suitable pleader commissioner at the cost of the plaintiff lo physically visit the suit land and ascertain the actual quantum of land covered by the dwelling house and the adjunct land whi..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. ......Bishnupada Dhali (P.W. 11), both college students, were enÂgaged in the rehearsal of a drama in the local club. The appellants before us, in fact, most of the acÂcused who were put on trial in this case belong to the clan of Thakur of the said village. It is alleged that around mid-night some of t...... 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)
....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. ...... 1st Court of Munsif, Kishoregonj for declaration of their right of way, right of drainage and right of pasturage on the basis of a lost grant and customary right, and for permanent injunction. Their case is that the villagÂers of Paikpara had been grazing over 1956 acres of the suit plot from time......on, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the plaintiffs a fluctuating body of persons were used to graze their cattle on the low waste, land only in dry season for 4 or 5 months only. Such limited user on indulgence will neither make it..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 disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......he maker only. omission in the FIR of the fact leading to recovery of the dead body, could not be a reason for discarding the evidence of the witnesses on that point nor the same made the prosecution case doubtful, on the fact that the accused himself in his confession gave detail of the story even ......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)
....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 ......onsider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defendant both took the position that Hindu law is applicable in their case. A court of law does not decide a point in vacuo. Where there is no controversy, the Court is n......s in Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupa..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. ......operty. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was aban......iÂgrated to the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was SecreÂtary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his per..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 ......0 of 1985. Judgment: M.H. Rahman J. - This appeal by special leave, at the instance of defendant 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......t Babu Khan's heirs had 8 annas share; that the heirs of recorded owners continued to possess the suit property according to the respective shares of their predecessors; that plot No. 215 was not the land of the disputed khatian, and that the plaintiffs would get only 3 annas 3 gandas, 1 kara and 1 ..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 ....... 2. Plaintiff- respondent instituted Other Suit No. 3 of 1974 in the 1st court of Subordinate Judge Chittagong for recovery of arrear rents as monthly tenants in respect of the suit premises. The case of the plaintiff-respondent is that the appellants took rent of the premises at the rate of Tk.......ection in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this OrÂdinance within the time fixed in the contract with his landlord or, in the absence of such conÂtract, by the fifteenth day of the month next folÂlowing..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 ...... and 12, was improperly rejected by the High Court Division when their evidence show that the murder in question was committed by the accused-respondents in their very presence. 2. The prosecution case arose from an incident in which the Informant's (P.W.1) younger brother Wazed Mirdha was killed......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)
....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 ......For Respondents Nos. 2-35(ch) 35(ja) ,35(Ta), 37-48 and 50-64. Civil Appeal No. 66 of 1985. (From the judgment and order dated 27.3.84 passed by the High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant Nos. 2-7 in a suit for partiti......led partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of the plaint. Hajrat Ali, predecessor-in-interest of the appellants (defendants 2-7), is admi..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 ...... trials which could not be concluded within the time limit specified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Addit......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 ......s working days as well. But the Order-sheet of the trial Judge shows that as he was in-charge of the District and Sessions Judge on the date fixed for hearing he did not sit in this Court to try this case. Whereupon the witnesses went away. This clearly explains the whole matter and the period of 53......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 ......ed, inter alia, that the appellant was not a defaulter, rent was paid upto September 1974, respondent, however, refused to accept rent for October 1974, appellant therefore started House Rent Control case No.436 of 1974 and has been depositing rent regularly, respondent has no bonafide requirement o......udgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amo..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 ......ther relevant papers should be taken into consideration even though those papers were submitted before the trial court after the evidence was closed and those papers thus not taken into evidence. The case is therefore sent back on remand to the trial court allowing the defendants to adduce additiona......question whether the plaintiff could make any claim in view of the express surrender of the property to (he Government in pursuance of the instruction of the authority of the United Grand Lodge of England. The learned Attorney General filed a prayer for additional evidence with certain annexures whi..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. ......r section 302 Penal Code and sentenced to transportation for life. He obtained leave to appeal to contend that he ought to have been convicted for culpable homicide and not murder. 2. Facts of the case are as follows: Appellant along with three others were put on trial before the Additional Sessi......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
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