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Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....either executed by putting his signature nor by affixing his thumb impression nor by permitting anybody to sign his name. The will was registered by false personification, which was not attested by persons whose names appeared as attesting witnesses in the will. Defendant-appellants asserted that ......Further, no doubt the execution was somewhat unusual in the absence of the thumb impression of the testator but section 63 of the Succession Act provides for such mode of execution. As regards the disinterestedness of P.W.4 Sarada, the learned Judges observed that "there is nothing on record to show......others………………………Respondents Judgment December 12, 1982. Result: The appeal is dismissed. Cases Referred to- Munnalal Vs. Mst. Kashibai, AIR 1947 PC 15; Harmes Vs. Hinkson, (1945) 50 CWN 895; G. Thataiah Vs. Venkata Subbaiah, AIR 1968 SC 1332; Purnima Debi Vs. Khag...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....on various grounds denying that he is a defaulter. It was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlemen...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....ribunal Case No.212 of 1996 arising out of the same occurrence but that the accused‑petitioner has not been granted bail in this case. The learned Advocate further submits that out of the 9 accused persons in this case 8 accused persons have already been granted bail and accused‑petitioner stand......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......n his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258...Category: Criminal Law | Date: | Hits: 90
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
.... any interlocutory order of the Artha Rin Adalat it cannot be said that the revisional jurisdiction of the High Court Division under section 115 of the Code of Civil Procedure is not available to the persons aggrieved by an interlocutory order of the Artha Rin Adalat. Mr. Rokanuddin Mahmud then argu......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......ute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......r right is so acquired; and 12. But more relevant for our purpose is section 51A of the Act which deals with the cancellation of registration. Section 51(A) is to the effect: "(1) Any person interested may present a petition for the cancellation of the registration of a design‑ a) at a......ter of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n: 50 DLR (HCD) (1998) 434.......ter by registered Kabala dated 34‑96 transferred, the same to defendant No. 4 who out of her nobility gifted the said land to the opposite party No.3 the Girls High School, for extension of women's education in the locality and with the help and supervision of the Facilities Department of the Gove..Category: Civil Law | Date: | Hits: 93
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... on behalf of the community as impartially as is given to the lot of men to decide, is not a privilege accorded to judges. The power to punish for contempt of Court is a safeguard not for judges as persons but for the function which they exercise" (Page 1314). 90 LAW Ed. 15. Probably the grea......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....beg the question. But I do not think it does. The essential distinction, which runs through all the cases to which we referred, is between a domestic or private tribunal on the one hand and a body of persons who are under some public duty on the other. Thus in Reg. Vs. Criminal Injuries Compensation....... 1, the NSF is admittedly not a commercial or trading entity. It was animated and does exists for the solitary purpose of providing recreation, not for profit but as a public utility body, to enable interested people to participate in the sports of shooting. It thrives on taxpayers money indeed the......m leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......terest”. 61. This may happen in a wide variety of ways. For instance a body is performing a public function when it provides ‘public goods’ or other collective services, such as health care, education and personal social services, from fund raised by taxation. They may also do so if they re..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......h Foundation”, (henceforth the Foundation) with the joint stock companies.
That Foundation was established for providing social service, charitable works and other social developments work, like education, green plantation, orphanage and others things.
3. The Hon’ble President of Banglades..
Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....e under to suffer rigorous imprisonment for fifteen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Mosharrf Hossain, a Warrant Officer deputed to RAB-5 produced three persons along with 3978 detonators to Godagari Police Station on 18.12.2005 and lodged an ejahar all...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......6. "8. The rent-receipts were excluded from consideration by the lower Appellate Court taking the view that these are provisional receipts and that they carry little weight in that "any person interested in a land may pay rent to the Government Acquired Estate." This view is erroneous, for re......r Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission, District Office, Dhaka-1, as informant lodged a First Information Report (FIR) on 2-9-2007 implicating 7 accused persons including the accused petitioner alleging inter alia that the accused petitioner in conniv......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......al Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
....abiding officer and acted in accordance with the direction of this Hon’ble Court. The respondent no. 4 i.e. SP, Bogra informed the respondent no. 3 that police had lodged an FIR against the accused persons.
9. The respondent No. 3 issued official orders to the concerned authorities i.e. respond......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
...... the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....1994, the people, specially belonging to the opposition political parties and also the people at large, were of the view that there cannot be any free and fair election by the government comprised of persons belonging to a political party inasmuch as the political party in the government at the rele...... of the political party it belonged to by using the government machinery. Hence instead of such caretaker government the concept of non‑party caretaker government comprised of non‑partisan and disinterested persons was introduced in the Constitution for holding free, fair and independent electio...... these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......more often resort to violent means for its implementation as popular and mass demand creating undue political unrest retarding the desired and expected growth of trade, commerce, economy and also the education in the country. This proclivity of the political parties has to be averted in the interest..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....n. Mr. Sadek, Assistant Director was set up at T & T Office overseas line IT Ex point in those T & T offices overseas line in order to gather the signal transmitted by Mr. Innocent to various persons named Mr. Bhola, Mr. Troylochan Singh alias Raju, Mr. Kashem alias Bahal, Mr. Aleze, Mr. And...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......ansferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ts and at that time another miscreant fired gun shot, as a result thereof the complainant's brother, his Bhabi and nephew succumbed to the gunshot injuries. 2. The defence case is that the accused persons are innocent and close relations of the deceased and that they have been falsely implicated ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......aid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....ht of 9-9-1974. The Police took up investigation, recovered the dead body of Montazur Rahman from a certain Haor and completing investigation submitted charge sheet on 29-6-1975 against the accused persons under section 148/364/120B and 302 of the Penal Code, read with Special Powers Act, 1974, to......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....very Tk. 1,000 or part thereof secured in excess of Taka 1,000 Taka. Exemptions. Two Taka. Three (Three Taka). (1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturist Loans A...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ingle Benches of the Calcutta High Court. But it is found that in neither of these two cases there was any recoveyance or re-sale to the original vendor, but the lands were retransferred to different persons other than the original vendor. In the former it has been held that as soon as the transfer ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... ex p Smith (1989 2 Admin Law Report) the various English Courts , inclusive of the House of Lords judicially reviewed Magistrate and Crown Courts’ decision to ignore the plea raised by the accused persons that the criminal courts concerned were obliged to examine the validity of the by-laws, they...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......me relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
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