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Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....the estate of woman of the class taken by the King of escheat in the absence of heirs should be given away by him in Charity; but the estate should not reach the hands of the King till there was a complete failure of heirs. 8. The dictum mentioned in the case Tara Munnee Vs. Motee Bnonea......t of the rent as it falls due and ceases to cultivate his holding either by himself or by members of his family or by or with the aid of, servants or labourers or with the aid of partners or bargadars for a period of three successive years; (d) When such interest has dev..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
.... interpretation to the provisions of rule 27 of Order XLI of the Code of Civil Procedure as would, in effect, amount to tying down the hands of the appellate Court and stand in the way of doing complete justice in a cause. The rule merely prescribes that the requirement must be a genuine one......la on June 12, 1978 and filed the case for pre-emption on September 12, 1978. Appellants No. 1 and 4 contested the case by filing a written objection contending, inter alia, that the case was barred by limitation and by principle of waiver, estoppels and acquiescence. The case land was purc..Category: Property Law | Date: | Hits: 34
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... court retains the jurisdiction insofar as violations are concerned. Without expressing any view on the reasonings of the Indian courts, we respectfully point out that section 150 is the complete answer and the amendment was made for the removal of doubts which emerged in view of Patna...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ..Category: Others | Date: | Hits: 93
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ion 26G of the Bengal Tenancy Act, the learned Counsel for the appellant cited a few decisions. Section 26G reads as follows: "26G. (1) An occupancy-raiyati may enter into a complete usufructuary mortgage in respect of his holding or of a portion or share thereo......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Property Law | Date: | Hits: 35
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... application for quashing the proceeding was filed and all further proceedings including the investigation were stayed. In the circumstances, the appropriate course would be to direct the police to complete the investigation and submit report within a short time, say 3 months, and to k......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....nces of that case as in the present can never be said to be conclusive as to the guilt of the accused, Munir CJ emphatically remarked that "no body of men, unless their thinking faculty had been completely paralyzed, could have returned a verdict of guilty of murder in the present case". T...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....vidence of alibi is not to be considered in compartments. The evidence on one part will have impact on the other and the court has to consider the entire material on the record as constituting one complete picture. This is precisely what the courts below did. In view of the conclusion of the cou......g wife Halima Bibi. He was convicted by the Trial Court under section 302 of the Penal Code and sentenced to death by hanging. Four others were acquitted of the charge of murder, but two of them, Ekabbar Ali Pramanik and Majibur Rahman Pramanik, were convicted under section 201 of the Penal Code. Th..Category: Criminal Law | Date: | Hits: 49
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....rmation report he did not mention the name of Intaz or his court-yard; there he stated that it was near Manik's house. He gave direct evidence of the incident but the story given by him in court is a complete departure from the one he had narrated in his ejahar giving rise to the question whether he......s set aside and they are acquitted from the charges 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: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ion apparently for transferring the case to Dhaka which was done and it was renumbered as Sessions Case No.4 of 1988 in the Court of Sessions Judge, Dhaka. Admittedly the Trial in this case is almost complete and only part argument remains to be heard and the judgment to follow. 6. In Sessions Ca......ection between the parties continued and it is alleged that on 21.5.85 at about 2 p.m. men of Bachhu Haider committed large scale rioting in Dighirpar Bazar with fire-arms etc. in which two people, Mobarak Haider and Dulal Haider, received gun shot injuries and died. On the following day i.e. 22/5/8..Category: Criminal Law | Date: | Hits: 48
....axim audi alteram partem. the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping, himself in complete darkness and then presenting him with a fait accompli. The Government order (cancelling the......B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
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Category: Criminal Law | Date: | Hits: 88
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....dered his Pakistani passport and applied for British passport on 28.2.72. This date is crucial because on that date P.O. 16 of 1972 was promulgated. We shall revert to this point at a later stage. To complete narration of facts, he obtained British Passport on 14.4.72 and the same is valid up to 197......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. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....ort of their case, Court should have intervened, either in appeal or revision, having regard to the nature of the suit, to allow the appellants a turn for examining their witness for the purpose of complete adjudication between the co-sharers. Such intervention by the court will not only be a step......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
.......Respondent (In both appeals) Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position cor......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 ..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
.... a burden upon the accused to prove “the existence of circumstances bringing the case within any special exception or proviso contained in any other part of the same (Penal) Code". There has been a complete failure on the part of the defence to prove or bring on record those circumstances which wo......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
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....the plaintiffs document was registered earlier in point of time the deed of the plaintiff will prevail over that of the defendant. 12. On his own showing section 47 comes into play and that is the complete answer to the contention, namely, that though the plaintiff's document is earlier in point ......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....unlawful pressure or intimidation by political elements or because no proper investigation could be held or charge-sheet submitted clue to extraneous reasons. The Commission of Inquiry shall complete its inquiry and submit its reports within six months from the date it enters upon its dut......terlocutory stage. The allegation made in the first information report disclosed the commission of criminal offences, particularly offences under section 364 of the Penal Code ; the proceeding is not barred by any provision of law and it is also not a case of total absence of any evidence the prosec..Category: Criminal Law | Date: | Hits: 46
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....his pay from the Government. 5. The appellant entered appearance by filing an affidavit-in-opposition and denied the material parts of the allegations. His contention, was that both the works were completed "long before" he filed the nomination paper and as such there was no work under the contra...... to is an interest of any kind whether it is in connection with the contract or independent of it, for the law provides that a person having any pecuniary interest in the affairs of the Parishad is debarred from seeking election or from acting as Chairman. Cases Referred to- Dr. Kamal Hossain..Category: Election Law | Date: | Hits: 132
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....ring such matters, to overreach and mislead itself to supply some little link that is wanting, to take for granted some fact consistent with its previous theories and necessary to render them complete.” 18. This suit was brought for declaration that it was not enemy property. No atte......H Rahman 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: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....ture can exercise the power of repeal by implication. But it is equally well-settled that there is a presumption against an implied repeal. Upon the assumption that the legislature enacts laws with a complete knowledge of all existing laws pertaining to the same subject, the failure to add a repeali......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....tated that ''a necessary party is one without whom no order can be made effectively; a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding". As to who should...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
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