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Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......ken up for consideration during the period of suspension and continuation of criminal proceeding unless such proceedings end with acquittal. Cases Referred to- Government of India and another vs. C. A. Balakrishnan and others, AIR 1975 (SC) 1498; Ram Sewak Prasad Vs. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......learned Attorney General and Mr. Islam supported the appellants and submitted on the line as indicated above. 11. A strikingly similar case came up for consideration in the Supreme Court of India in Raja Soap Factory vs. S.R Shantharaj AIR 1965 SC 1449. In that case the plaintiff who want..Category: Civil Law | Date: | Hits: 119
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... constructing houses. One Monindra Nath Pramanik by tempering the record of right (ROR) sold the suit land to the plaintiffs. The land was recorded in the name of Anil Ranjan and since he left for India defendant No. 4 Salgaria Samity on the basis of their long possession as vested property pray..Category: Property Law | Date: | Hits: 39
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......on a rickshaw with a jute bag in front a Amin Bakery at Raja Bazar and having suspected them the informant interrogated them and during interrogation they disclosed that there were black Indian alachi (Cardamon) in the bag. Then the bag was opened in presence of witnesses namely, Chan ..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......ence. II. Because the courts below wrongly held that the witnesses are independent while P. W.1 admitted that he possessed 3 plots of land left by Joytish Chakraborty who went away to India but P.W 3 admitted that he was dispossessed by Syed Hossain and other witnesses who were mad..Category: Criminal Law | Date: | Hits: 31
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......med, the learned Counsel for the respondent and the High Court Division and other connected papers. 6. It is not disputed that the suit property was allotted to Abdul Jalil as refugee from India. The plaintiff's case is that during the war of liberation Abdul Jalil temporarily took shelt..Category: Property Law | Date: | Hits: 34
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......hose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' schedule property in India in 1949 AD. Shibnath Ghose and others filed a suit in the Court of Munsif at Krishnagar, Indi..Category: Property Law | Date: | Hits: 32
Category: Civil Law | Date: | Hits: 111
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......LR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossai..Category: Criminal Law | Date: | Hits: 63
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ...... ignore with impunity the arrangement that has been made by the District Judge following the letter of the Law Ministry. If it is intended to show officiousness of bygone days of the servants of East India Company openly attempting to flout the order of the Bengal Supreme Court, then it must be said..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......tructed by the defendants. 14. As has been noticed that this is a representative suit which is called' public litigation these days. Courts have expressed their anxiety in such a litigation. The Indian Supreme Court, in a number of decisions, considered the nature of this proceeding. In the cas..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......egistration of the kabala. On 2.4.69 he was intimated by the Board of Revenue that no permission was necessary as the Ordinance lost its force in the meantime. Defendant No. 1 having already left for India the suit was filed on 24.12.69 upon assertion that the cause of action arose on aforesaid 2.4...Category: Procedural Law | Date: | Hits: 132
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....agwan Swarup Vs. State of Maharashtra, A.I.R. 1965 (SC) 682; Abdur Rashid Khondkar 16 DLR (SC) 605; Durgacharan Naik and others Vs. State of Orissa AIR 1966 S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; ......ment March 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in..Category: Criminal Law | Date: | Hits: 52
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......mitted that an information in the nature of quo warranto was not issued where there was an alternative remedy which was equally appropriate and effective. The learned advocate has referred to some Indian decisions of which reference may be made to AIR 1954 Bombay 116 (Bhairulal Chunilal Vs. Sta..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s Referred to- Safdar Ali Vs. The Crown, 5 DLR (FC) 107 at p. 109. Samiruddin Ahmed @ Samir Mia Vs. The State 1988 BLD (AD) 157; Gorchand Gope, BLR (Supplementary Volume) 443 (FB); Mahbub Shah Vs. Emperor AIR 1945 PC 118; Pandurang Vs. State of Hyderabad AIR 1955 (SC) 216; Mahbub Shah Vs. The K......eaning of the term in s.34 should never be reached unless it is a necessary inference deducible from the circumstances of the case." 12. In Pandurang Vs. State of Hyderabad AIR 1955 (SC) 216 the Indian-Supreme Court observed that "Several persons can simultaneously attack a man and each can h..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......l 20, 1977. Cases Referred To- Chairman, Railway Board Vs. Abdul Majid, DLR 1966 SC 532; Abdul Majid Sheikh Vs. Mushaffe Ahmed & another, DLR 1965 SC 63; Parshotam Lal Dhingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others,..Category: Employment/Service Law | Date: | Hits: 66
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... the evidence of the complainant, and that the High Court should have set aside the said finding. In support of both these contentions learned Counsel relied upon a decision of the Supreme Court of India in the case of National Engineering Industries Ltd. Vs. Hamman AIR 1968 (SC) 33. 5. On the..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......ng the former and dismissing the latter. 3. The case of the respondents, who were plaintiff in Title suit No.436 of 1956, is that Respondents No.1 and 2 are owners of properties in West Bengal, India. The appellants had some building within the Municipal area of Khulna town. Both parties agr..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....g Hock………..Respondent (In Criminal Appeal No. 6 of 1978) Rizal Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. ......iciary should not interfere with the police in matters which are within their province and into which the law imposes upon them the duty of enquiry.” Their Lordships further observed: “In India as has been shown there is a statutory right on the part of the police to investigate the circ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....akistan, 1965 PLD Dacca 514; N. Ranjan Singh Vs. State of Bengal AIR, 1952 (SC) 106; Sharfuddin Ahmed Vs. Secretary, Ministry of Home Affairs, (1975) 27 DLR 658; Liversidge Vs. Anderson, 1942 AC 206; Emperor Vs. Shibrath Banerjee, AIR 1945 PC 156; Emperor Vs. Vimlabai Deshpande, AIR 1946 PC 123; Na...... a person on being satisfied as to the existence of such circumstances, the nature of such power of detention had been the subject of controversy in the Courts of law in England as well as in the Indian subcontinent. 35. The question verily turns on the scope and extent of the power of the C..Category: Constitutional Law | Date: | Hits: 408