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Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... section 4 of the said Act containing a declaration of the Government that the land was needed for a public purpose. That declaration in the present case is Ext. C which shows that the Governor-in-Council was satisfied that the suit land was required to be taken by the Government at public expen...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....used to forgive and forget, even though the offence alleged to have been committed is not a compoundable offence. In Stephen Seneviratne Vs. The King AIR 1936 PC 289 (300) their Lordship of the Privy Council disapproved the idea" that a prosecution must call witnesses irrespective of considerations ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....itted of the said charge but the appellant and accused Azimuddin were convicted unÂder section 324 for causing hurt to Fakir with danÂgerous weapon. It has been held by their Lordships of the Privy Council in the case of Kishan Singh vs. The Emperor, 55 1.A.390 that when a person is tried for the ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
.... In the Calcutta Weekly Note case there was no question of limitation and the decision relates to interpretation of the second proviso to Order 21 Rule 90 C.P.C. This decision has relied upon a Privy Council case which is reported in 11 DLR (PC) 143. In the 9 DLR case an order of the House Rent ConÂ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....Zemindary Co. Ltd. reported in 70 C.L.J 218 in support of his submisÂsion. In the case of Chowdhri Gur Narayan and Ors. Vs. Sheo Lai Singh and ors. reported in 23 C.W.N. 521 (P.C)=461.A.1, the Privy Council observed that as a benamdar represents the real owner, and is so far as their relative legal......cussion above there apÂpears 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
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......andidate for election to office of Chairman of Panchashar Union Pari-3, Munshiganj, is challenging an order of the Election Commission dated 1 April 1988 directing fresh poll in Benodepur High School Centre. He had filed Writ Petition No. 284 of 1988 challenging this order; but the said Writ-petitio..Category: Election Law | Date: | Hits: 126
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
.... in terms of the contract and the licence was given to the MukhtiÂjoddha Sangsad in pursuance to the decision of the Government 4. The case of the Mukhtijoddha Sangsad is that its Central Command Council made a represenÂtation before the Ministry of Communication for granting licence in respect......to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
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 ..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen 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 ......ument is produced or givÂen 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 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....State PLD 1973(SC) 469, the Supreme Court of Pakistan had the occasion of tracing the Appellate Criminal Jurisdiction of superiÂor courts and came to the conclusion that the deciÂsions of the Privy Council or the Federal Court cirÂcumscribing their own jurisdiction by self imposed restrictions in......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....n the case unÂder section 19 of the aforesaid Act have occurred. Now, therefore, in exercise of the power conferred by section 20 of the Indian Forest Act, 1927 (XVI of 1927), the Governor in Council is pleased to declare the areas comprised in the caÂdastral plots described below to be a......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....he perÂsons whose possession had been found by the crimiÂnal court. 13. In the case of Raja Indrajit Pratap BaÂhadur Sahi Vs. Amar Singh and others reÂported in AIR 1923 (P.C) 128 of the Privy Council noticed that in the proceeding under section 145 Cr.P.C. the defendant was found in possessi......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 ..Category: Constitutional Law | Date: | Hits: 174
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 ...... the order dated 31.12.84, the Tribunal while bringing on record the results of the recounting mentioned that the ballot papers of four centers, namely, Moktarkul Suratia Madrasa, Cox's Bazar College Centre, Madhya Jhilonja Primary School and South Kharulia Primary School were not examÂined minutel..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ava consists of 14 elected members and three nomÂinated members. Paurashava is itself a corporate body as it has been noticed a corporate body can only be superseded on serious allegation. The Privy Council in Durayappah v. Fervando and others 1967 (2) The All England Law Reports 152(07) obÂserved......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. ..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....sce." 10. In Asrabulla and others v. Kiamatulla Haji Chowdhury and others AIR 1937 Cal. 245 a referÂence was also made to Mercer's case. The decision in Asrabulla's case was approved by the Privy Council in Lakshmidhar Misra and others V. Rangalal and others 54 C.W.N. 143 (P.C), but no view was ......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. ..Category: Civil Law | Date: | Hits: 113
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....h authority for the proposition as to what amounts to waiver. See. A.I.R. 1939 (P.C.) 159 and the distinction between the waiver and the acquiescence can be appreciated from the decision of the Privy Council in 26 I.A.56. 28. This Court in 33 DLR (A.D) 55 also took the view that waiver is a quest......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 ..Category: Tenancy Law | Date: | Hits: 109
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......On being asked as to where they were being taken, the miscreants replied that they were going to Musa Sarkar who was at Saiyed's house. After passing through an area, which is now Government Research Centre, they arrived at a vast place. There some of the miscreants said that the captives be murdere..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... And the Custodian after the termination of the war is bound to deal with it in such manner as his Majesty (keeping no doubt, in view the arrangements made at the conclusion of peace) may by Order in Council direct...The phraseology used in the preamble and in section 5 establishes in my judgment th......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....held to be a bar to remedy by a proceeding in the nature of quo-warranto. In that case the petitioner was found to be a person set up by some defeated candidates in an election to the Provincial. Bar Council and was all along aware of the matter. In those circumstances, it was observed by the court ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......ated 31.12.84, the Tribunal while bringing on record the result of the recounting mentioned that the ballot papers of four centers, namely, Moktarkul Suratia Madrasa, Cox's Bazar College Centre, Madbya Jhilonja Primary School and South Kharulia Primary School were not examined minutely..Category: Election Law | Date: | Hits: 110
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