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Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....ion which was substituted by the so-called fresh order resulting in the effect in continuing the detention without any break which was the subject matter of the rule. 5. Back to the facts: The undisputed facts that have emerged in course of the proceeding are as follows: On the 14th of Mar...... the order of detention dated 15th August, 1987 that order could not be interfered with. 28. Two questions call for determination in this appeal: (a) whether the High Court Division was right in holding that the Rule became infructuous on the revocation of the order dated 27th June, 1987 though..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....s applied by the High Court Division on proper appreciation of facts and correct interpretation of law involved in this case. 6. Facts of the case, though a little complicated, are not seriously disputed except in the case of possession, and as such it is a case mainly involving questions of la......hat Chandra Bala was set-up by her brother Khemesh who had unsuccessfully contested the Redemption Suits as defendant No. 3. 5. The trial Court by judgement dated 27 August 1959 decreed the suit holding that the suit was not barred by limitation or by res judicata and that the plaintiff was in ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....tition No.73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila,......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....uently transferred to the Second Court of Subordinate Judge of that place and was renumbered as Title Suit No.4 of 1982. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
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Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......537 of the Code of Criminal Procedure. 7. Hence it is ordered that the judgment and the order of conviction and sentence is accordingly set aside and the case is sent back to the Special Judge for holding trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimal..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
.... 6. The petitioner filed affidavit-in-reply to the affidavit in opposition filed by the respondent No.1 and respondent No. 3 and reiterated what was stated earlier asserting further that the disputed fishery falls within the Baralekha Upazilla and a small part of it falls within Kulaur......ssioner (Revenue), Moulvi Bazar suddenly put the fishery in auction on 25.05.1984 for the period 1391 B.S. to 1393 B.S. in spite of the petitioner's existing lease. The petitioner objected to the holding of auction and somehow the fishery was omitted from the auction list. 3. But immediatel..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......t it appears that it took into consideration the averments made in the plaint of Title Suit No.201 of 1956, miscellaneous proceeding case No.562 of 1970 and Money Suit No.6 of 1969 for the purpose of holding that the surrender was not acted upon. The finding as to whether a document by which certain..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......of 1983 as amended by Ordinance No.XXIX of 1985 the accused petitioner is to be deemed to have been released on 30 September 1985 on stopping the trial. The learned Sessions Judge rejected the prayer holding that section 8 of Ordinance No.XXXVII of 1983 applies to cases in which cognizance was taken..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....rted the order of acquittal passed by the learned Additional Sessions Judge, Dhaka upon the same reason as was given by the learned Judge. 9. In this case both the courts found and it was also undisputed that the accused respondent married Must. Ayesha Sultana on 31-5-74 and the said marriage s...... Council and Municipal Committees (Dissolution and Administration) Order, 1972 was promulgated on 21st January, 1972. By Article 3 all the Local Councils were dissolved and the persons holding office as Chairman, Vice-Chairman, etc. ceased to hold office and then clause (c) provided t..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......set it aside. But at the same time the learned Sessions Judge observed that the Magistrate might proceed against the petitioner under section 200 Cr.P.C. that is, to take cognizance, if necessary, by holding judicial enquiry. The Sessions Judge's order was challenged again and ultimately it came bef..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....g into the polling booth. The agents were not able to perform their respective duties as a result of interference by the followers of the opposite party No.1. The Tribunal also found that in the disputed South Dharmapur Centre, the petitioner and the other candidates secured in total only 15 vo......arty, submits that the Tribunal has not considered the evidence on record that both at the time of election and after it, the petitioner never submitted any complaint with regard to the peaceful holding of the election and peaceful counting of votes. It is only in the election petition that he ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......ry into the above noted occurrence I examined Noor Mohammad (accused appellant) (son of Monir Ahmed) husband of the deceased and other neighbouring witnesses who were present at the time of holding inquest and ascertained that on 5.9.83 at evening deceased Lutfunessa Begum was cutting fish..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......d any compensation to the complainant and accordingly it was held in the facts of that case that there should not have been double sentence and as such the sentence of fine was set aside while upholding the sentence of imprisonment. 9. In the case reported in 35 C.W.N. the conviction ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......ward any compensation to the complainant and accordingly it was held in the facts of that case that there should not have been double sentence and as such the sentence of fine was set aside while upholding the sentence of imprisonment. 9. In the case reported in 35 C.W.N. the conviction was u..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....ted that the work of survey shall, where practicable, be connected with such permanent marks as may exist in the vicinity and that the map prepared shall show the permanent marks, the boundary of the disputed land, the boundaries of adjacent lands so far as may be necessary and the Position Of the S......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......ich means that it was not the prosecution case that a gun was used while committing the offence. The Sessions Judge and Ex-Officio Special Tribunal clearly committed an illegality in the said case by holding that the cognizance will be taken u/s. 27 of the Special Powers Act as the case under sectio..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....rcle Officer (Rev) for enquiry and report. In his report dated 17-6-80 the Circle Officer (Rev) stated that he held enquiry g and found that the opposite parties were in if peaceful possession of the disputed huts and that the alleged occurrence was absolutely false. The petitioner filed Naraji and ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....ell as examined the papers filed by the defence. It is in the order dated 1.1.83 that complainant has not been able to produce any paper or document in support of his title and possession in the disputed land and is unnecessarily harassing the accused persons. In the said order dated 1.1.83 it ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....rned Single Judge has relied upon the case of Yakub Ali Mondal V Akhter Ali Mandal 6 DLR 130 in which it was held that transfer to a co-sharer by purchase is preemptible. This proposition is not disputed; secondly, that case was-decided under section 26F of the Bengal Tenancy Act which limited ......(2) Transfer to a co-sharer by inheritance is not pre-emptible in any way……………(4) It appears that the appellant-transferees are the only co-sharers in the holding, and it is they who already purchased the land. Since there was no other co-sharer in t..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....cising Admiralty Jurisdiction has derived its jurisdiction from the Admiralty Court Act, 1861, Colonial Court of Admiralty Act, 1890 and Colonial Courts of Admiralty Act (India), 1891. It is not disputed that this Court would exercise the same jurisdiction after the enactments of the said Colon......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
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