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Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....hould contain in the judgment even though the sections does not require it………..(8 & 9) Cases Referred to- Muslim Mondal and others Vs. The State, 14 DLR 595; Emperor Vs. Sugnomal Bhojraj and another, A.I.R. 1942 Sind 52; Mysore Vs. Mahabala Seety and anothe......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..Category: Criminal Law | Date: | Hits: 41
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ritten objection contending, inter alia, that the documents relied upon by the plaintiff were not genuine; that after the death of Anath Bandhu Guha the land belonged to his four sons who left for India long before and the case land vested in the Custodian of Enemy Property. The learned Munsif a..Category: Property Law | Date: | Hits: 28
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ntertainment of the fresh complaint is a mere abuse of the process of the Court, the learned Advocate further contends, and in support of this contention he has placed reliance upon a decision of the Indian Supreme Court in the case of Pramatha Nath v Saroj Ranjan, AIR 1962 SC, 876. 4. Before I ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......he passing of consideration." 11. The trial court gave cogent reason for accepting the plaintiff's case because of their relationship and both parties migrated together from India soon after partition and jointly started a motor transport business and also resided togethe..Category: Property Law | Date: | Hits: 30
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......820; Mokhtar Ahmed Vs. Mohammad Hossain, PLD 1955 (Sind) 70; Abdul Majid Sk. Vs Mushafee Ahmed 17 DLR (SC) 63 = PLD 1965, SC. 208; Golam Sarwar Vs Pakistan, PLD 1962 SC 142; PL Dhingra Vs Union of India, PLD 1958, SC (Ind.) 217. Lawyers Involved: Moinul Hossain, Advocate (Joynal A..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....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. ...... Once it is held that it has a partnership business and the complainant and the accused persons were partners, principle laid down in AIR 1951 Calcutta, subsequently approved by the Supreme Court of India in AIR 1965 (SC) 1433 would apply. In such circumstances, the prosecution is not maintainable...Category: Criminal Law | Date: | Hits: 146
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......the execution proceeding which was the subject matter of enquiry is hit by section 48 C.P.C. 6. In Lalji Raja and Sons Vs. Firm Hansroj Nathuram, A.I.R. 1971 (S.C) 974 the Supreme Court of India considered that section 48(1) of the Code indicated that the period is a period of limitation..Category: Civil Law | Date: | Hits: 107
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... these circumstances, by themselves, are not enough without anything more to connect the accused with the crime and they are entitled to be acquitted. In an old Lahore Case, Ghulam Rasul @ Pathan Vs. Emperor, 107 IC 1928 P 774, there was evidence of motive besides the usual evidence of calling away ......is question assuming that the two circumstances as noticed above were proved and established. Relying upon the decisions in 11 DLR (SC) 365, Eradu and others Vs. The State of Hyderabad, PLD 1956 (SC) India 286 and Ismail Sarker and others Vs. The Slate 33 DLR 320 the High Court Division found that t..Category: Criminal Law | Date: | Hits: 38
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property with the aforesaid premises at 7 Wiseghat Ro..Category: Property Law | Date: | Hits: 36
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....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. ......t is properly admitted in evidence under section 64 of the Evidence Act the contents of the document are also admitted in evidence. In paragraphs 18 and 19, their Lordships of the Supreme Court of India have observed as follows: "Before leaving this case it is necessary to refer to one of the..Category: Criminal Law | Date: | Hits: 49
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ing of acquittal can be converted into one of conviction only in an appeal under section 417. This view accords with the language of section 423……(21) Cases Referred to- Kishan Singh vs. The Emperor, 55 1.A.390, Shera and 6 others vs. The Crown, 6 DLR (F.C.) 80, Bawa Singh Vs. The Crown, IL......t an appeal against acquittal by Provincial Government has not been envisaged in the Criminal Procedure Code and is entirely repugnant to the provisions of section 423". 19. The Supreme Court of India, it seems, has taken similar view as to the scope of Sec.423 (1)(b) Cr.P.C. In the Case of Lak..Category: Criminal Law | Date: | Hits: 55
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....s such these offences clearly fall very much within the ambit of section 195(c). No cognizance thereof can be taken except on a complaint by the court…………………(15) Cases Referred to- Emperor v. Raja Kushal Pal Singh, AIR 1931, AIL 443, Patel Laljibhai v. State of Gujrat, AIR 1971 SC......ivate complaint is perfectly lawful. The learned Additional Attorney General has placed reliance upon the Allahabad case, AIR 1931. 443, and strengthened his opinion by referring to a decision of the Indian Supreme Court in the case of Patel Laljibhai v. State of Gujrat, AIR 1971 SC 1935 wherein the..Category: Criminal Law | Date: | Hits: 63
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......en now the point can be decided since important point of law has been raised on status and reliance was placed on 32 DLR (HCD) 187. The learned Judge noticed that 32 DLR 187 based its decision on Indian amendments of 1956. These amendments have not been made in the Succession Act in Bangladesh..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....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. ...... was absent from Bangladesh his property should not be taken as abandoned property. It was observed: "The petitioner No. 2 instead of opting for Pakistan left Bangladesh temporarily and lived in India." The Court then observed: "The provisions of Article 2(1) including clause (II)(a) of P..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....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. ......dants. Their case was that the suit property belonged to Surendra Chandra Saha, who let out the same to the plaintiff, defendants and father of defendant Nos. 4 and 5; that the sons of Surendra are Indian and hence after the death of Surendra it becomes enemy property and the Assistant Custodian..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ...... and the northern half share, measuring '39 ac e, belonged to Radha Charan Sil and Purna Chandra Sil were recorded in respect of their share. As Radha Charan Sil and Purna Chandra Sil left for India their share was declared as enemy property. From the share of defendant No. 1 and his brother..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....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: ......r. 7. In this connection, Mr. A. W. Bhuiyan has referred to a number of decisions to press his point that section 35A has not been repealed by necessary implication. One such decision is of the Indian Supreme Court in Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561. It was held in ..Category: Procedural Law | Date: | Hits: 124
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... on 3rd April 1967 respondent No. 1 filed an objection under section 47 of the Code of Civil Procedure, being Miscellaneous Case No. 47 of 1967. It was alleged that respondent Nos. 2-6 were all in India and the mortgaged property vested in the custodian on and from 6th September 1965 in the..Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....s allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhuboni Sahu vs. The King, 76 Indian, Appeals 147; Pakala Narayan Swami vs. Emperor AIR 1939 P.C. 47; Hannmant Govind Nargundkar and another vs. State of Madhya Pradesh, AIR 19...... September 8, 1986. Result: The Appeal is allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhuboni Sahu vs. The King, 76 Indian, Appeals 147; Pakala Narayan Swami vs. Emperor AIR 1939 P.C. 47; Hannmant Govind Nargundkar a..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... 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. ......nt November 9, 1986. Cases Referred to- AIR 1954 Call 208,34 DLR AD 25, AIR 1957 SC 354; AIR 1963 SC 780; Makhan Lal Chakraborty vs. S. K. Chatterjee, AIR 1954 Cal 208; British India Corporation Ltd., vs. The Industrial Tribunal, Punjab AIR 1957 SC 354; Udit Harain Sing..Category: Property Law | Date: | Hits: 31
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