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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.......sel, are sufficient to justify the legality of authentication done by the Additional District Magistrate.” 13. In this connection the learned Additional Attorney-General referred to the case of Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129, Here, an extradition offence was committed in..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 ......se No. 20 of 1984. (The learned Upazila Magistrate not only drew up the proceeding, but attached the land in question and appointed a Receiver.) The learned Sessions Judge noticed that the previous case, being M.R. Case No. 20 of 1984 was dropped on 27.10.84. The first party attempted to revive th..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... 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 ...... Feb 10, 1986. The Penal Code, 1860 (XLV of 1860), sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the t..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal..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 ......ff is the appellant. He filed S.C.C. Suit No. 4 of 1978 in the Court of Subordinate Judge, Second Court and S.C C Judge, Subject, against the respondent for their eviction from the suit premises. His case was that defendant respondent was a monthly tenant at Tk. 30 /- payable according to English ..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 ......lt, simple imprisonment for 3 days more. 2. Facts as stated in the complaint against the appellant by respondent No. 2 who is Munsif-Magi strafe, Chilmari are that while he was conducting criminal cases in Court on 6th December 1983, appellant who is an Upazila Nirbahi Officer, Chilmari, Upazila,..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. ......fer an appeal to the District Judge within whose jurisdiction the election in dispute was held, and the decision of the District Judge on such appeal shall be final: Provided that in the case of a decision announced before the commencement of the Local Government (Union Parishads) (A..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... 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. ......eclaration that the plaintiff is the only son of late Amir Ali Mia, Mutwalli of Salamat Mia Wakf Estate of Rajshahi and as such was eligible for the Mutwalliship of the Wakf Estate. The defence case is that Amir Ali had 4 wives. First first wife Sakina Bibi died childless when Amir Ali marrie..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 ......thers……….Appellants Vs. Sukumar Chandra Das and others…………………………….Respondents Judgment January 15, 1986. The Civil Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact th..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......, void, invalid and inoperative. The sale did neither confer any right upon the defendant-respondent nor did it affect the plaintiff-appellants' interest in Schedule 2 lands. In brief, appellant's case is that the suit, jute comprised 28, 35 acres of lands and out of this area 6.37 acres were ten..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......t schools of Muslim thought (Sunni) have difference of opinion about Hizanat. According to Superior Courts in the sub-continent, Hizanat is justified to fit in with the attending circumstances of the case in exercise of the discretion exercised by the Court………………(21) Child’s we..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...... it has ceased…………….(10) If the heirs of the late tenant continue to stay on, but do not pay rent they shall not be permitted to say that the landlord has no title on the property and in case such heirs claiming title must first restore possession to the landlord. These tenants are tena..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ...... know that in the rent-roll the suit land has been wrongly shown as khas land of the Government, thereby casting a cloud on his tenancy right. 3. Defendant-appellants contested the suit. Their case was that the suit land is s part of C.S. Plot No, 3271 of mouza Hogla which consists of 21.61..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......s of a society shall be referred to the Registrar before it is brought to a court of law. In respect of a land mortgage bank, the Registrar's power of control and supervision is even stricter. In the case of sale of a bank’s property in auction, it is the Registrar who appoints a sales-officer (se..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they 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) 75. ......ess is tendered by the prosecution out of a motive and not examined least something undesirable to the prosecution should come out of his lips………………..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be tried simultaneously b..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......oceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, Third Court, Dhaka, till disposal of the former case. Judgement of the High Court Division rejecting the order is set aside. Lawyers Involved: ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......e Commissioner of Taxes, East Zone, Dhaka, filed an application under section 66(1) of the Income Tax Act and the question of law was framed thus: ''Whether on the facts and circumstances of the case the Tribunal was justified in allowing the appeal setting aside the order of the Appellate Jo..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... laid down in the Criminal Law Amendment Act for trial of certain offences; and the Bother question, if, of course, the first question is answered in the negative, is whether the facts of the instant case in which the impugned conviction has been recorded, bring it within the four corners of sec..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......thout making and subscribing the declaration as required by law complainant flied the complaint under the aforesaid provisions of law. 3. Chief Metropolitan Magistrate who took cognizance of the case transferred it to the Metropolitan Magistrate, Dhaka. By his order dated 11th April 1984 the sa..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......within their competency to revoke the licence of any licencee by invoking the terms and conditions laid down in para 12 of the agreement. There is a term for serving 30 days' notice on either side in case of cessation of business and there are also terms and conditions under which the petroleum comp..Category: Business or Commercial Law | Date: | Hits: 118
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