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Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....t should be advanced that such order could not be recalled. But here in this case no such step had been taken and the Additional Commissioner precisely referred to this circumstances by noticing that simple permission or order of the Ministry does not affect a proceeding "in any way unless acted upo......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....e was governed by "B.T.M.C. Service Rules" is palpably erroneous. 11. As to whether the suit is hit by section 42 of the Specific Relief Act, it is found, the relief claimed in the plaint is for a simple declaration that the order of dismissal is illegal; there is no prayer for any consequential ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....rrated a story without scrutinizing at all upon a correct principle of assessment of evidence in a criminal case whether the testimony of the said witnesses were at all worthy of credence. It was too simple a way to conclude that since P.W. 4 Mobarak named the present appellants as taking part in th......out from a ditch, inquest was held and then the dead body was sent to Rajshahi Medical College for postmortem examination. Dr. A.K.S. Karim (P.W. 5) held the postmortem examination, found several cut injuries on the person of the deceased and gave the opinion that the injuries were ante mortem and h..Category: Criminal Law | Date: | Hits: 55
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
.... operation the persons responsible for the fatal injuries will easily escape punishment……(5 & 6) If the criminal act is done with the intention of causing death then it is murder clear and simple. In all other cases, of culpable homicide, it is the degree of probability of death from cert......urt's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the occurrence. In view of the clear opinion of the doctor that death res..Category: Criminal Law | Date: | Hits: 62
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....ion of my learned brother MH Rahman J. Badrul Haider Chowdhury J. - I regret that I could not subscribe to the views expressed in the judgment by my learned brother MH Rahman J. 2. Facts are simple. Plaintiff is the appellant. He filed the suit being Title Suit No. 264 of 1977 in the Cour......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)
....ion is whether section 35A occurring in the Court Fees Act itself (containing reference to schedule I) is included and contemplated within the meaning of "any other enactment". The answer is fairly simple, for, the General Clauses Act itself defines 'Enactment' as follows: "enactment" shall includ......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
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... rushed to the spot, recognised these three appellants in the light of the moon as they were hurriedly retreating through the jungle. Golam Ali found Elias lying almost dead with multiple injuries; he raised alarm whereupon the mother and the second wife of Elias appeared on the spot, ..Category: Criminal Law | Date: | Hits: 62
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......on the upper part of the abdomen on the midline just below xiphoid process measuring 2"x1.2” x by cavity through huge quantity of small intestine with mesentery protruding. The opinion was that the injuries on the upper part of the neck correspond with the injuries on the lower part of the head an..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....3 (SC) 848 to substantiate his contention. 31. Review of all these decisions point out that Judicial thinking has crystallized on this subject in two clear-cut ways, namely,(1) if it is a pure and simple contract which is entered into by the Government in its trading capacity for any breach of su......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....e maintainable as against her as she has been possessing the land In her own right under the oral gift of her possession is adverse against the owner, whoever he might be. Answer to the contention is simple. She got no title whatever and she was possessing the land as wife of appellant No. 2. Appe...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
.... Appeals Nos. 402 and 403 of 1971, They arise respectively from Title Suit No. 532 of 1967 and Title Suit No 87 of 1969 of the 1st Court of Munsif, Sylhet. In one suit, M.S. No. 532 of 1967 a simple declaratory decree was sought to the effect that a sale-deed dated 9-9-59 purportedly execut......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....ted 12 April 1939. Since then Alfazuddin possessed the joint property as a co-sharer of the plaintiffs. Now inconvenience of joint possession being felt the plaintiffs flied the suit for simple partition to the extent of 5 pakhis 2 gondas. On objection having been raised the plaint was ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
.... "in or in the possession of any local authority". See section 85A clause (3). Therefore, the defendants could not take resort even to the provision of the Non-Agricultural Tenancy Act. The reason is simple, because the application of the Non-Agricultural Tenancy Act would saddle the Municipality ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... implication of the appellants, particularly of appellant Muslem, the Chairman and appellant Kamini, a member of the Minority-community, who had dared file a Civil Suit against Daroga, P.W. 6. Upon a simple reading of the judgments of the trial court and the appellate court we find that no attempt......red the hut by opening the eastern jhap door. She woke up and lighted the kupi bati. She saw seven accused persons inside the hut who assaulted her husband. All of them ran away after causing several injuries with daos and daggers to her husband which caused his death. She recognised seven accused p..Category: Criminal Law | Date: | Hits: 56
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......orts lodge the Informant- respondent Aminuddin on allegation that the accused persons armed deadly weapons forcibly entered into his Bakery and looted away his articles worth Tk. 3 lac caused serious injuries to the inmates, of whom succumbed to the injuries later on. In both the cases tee police su..Category: Criminal Law | Date: | Hits: 71
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......injuries were said to have been caused by the appellants and the evidence of the postmortem transaction of the doctor is that Mona Karati died due to shock and hemorrhage on account of the internal injuries which were ante mortem and homicidal in nature. Since it was proved that each of the appe..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....e same rights in India, and the English cases do not, in my opinion, apply. It seems to me therefore that the right of opening a hat in Bengal is not of the nature of a privilege or a monopoly; but a simple right which every landholder possesses, and that a landholder, who has an old established hat......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....f the High Court Division, Rangpur (Mr. Justice Mustafa Kamal and Mr. Justice Muhammad Abdul Wahab) on 28th November 1984, convicting the appellant or contempt of Court and sentencing him to suffer simple imprisonment for 7 days and to pay a fine of Tk. 1000/- and in default, simple imprisonment......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... on record and found no substance in either of the grounds nor did he find any illegality or material irregularity which called for interference in revision with the finding of facts, pure and simple. I have considered Exts. 5 (a) and 6 to see if they were used as substantive evidence in the...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....e relevant sections of the Act by Land Revenue Sales (Amendment) Act 1943 (Bengal Act II of 1943) and also the decision reported in 12 DLR 339. 9. Mr. Khondoker finally submitted that the suit for simple declaration that the impugned sale on 24th June 1953 was without jurisdiction and void is n......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
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