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Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....o grow kaun on the disputed land. In this case plea of private defence of property must be rejected. 10. Before we examine the case closely we like to refer to some of the decisions cited from the Bar. When the Penal Code was made in 1860 section 34 was in the following terms:- "When a crim......s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......e. But the latter principle can be deÂparted from, if there are circumstances which outweigh the hardship and cause a prejudice to the applicant. This principle has been well enunciated by the Privy Council in the case of Charan Das Vs. Amir Khan, AIR 1921 PC 50, which has been followed by the SupÂ..
Category: Property Law | Date: | Hits: 36
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. ...... 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. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101....... to the spot. The dead body of Rashid Khondker was taken to the house of P W.6. Of other peoÂple who came to the place of occurrence were Malek Matbar, Abdul Majid Matbar, Mannan, Clerk of the Union Council, Mannan Dhali, Taib Ali Howlader and the local PLA. The respondents are the neighbors of dec..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....) 22 DLR 64; Tamijuddin Ahmed Vs. Guljan Bibi (1974) 26 DLR 93; Motilal Sikder Vs. Binodin Das (1976) 28 DLR (AD) 5; Behari Lal Roy Vs. Pullin Behari Paul, 38 CWN 654; Surabala Basu Vs. Rukmini Kanta Barman Roy, 42 CWN 288; Monoran Chatterjee Vs. Pavari Mohan, 43 CWN 220; Srimati Monkushi Das Vs. Ab......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ember 5 of the same year. 11. Both the first Information reports charged the accused with cognizable offences the police were entitled to investigate without a Magistrate order, Mr. K.L. Gauba, a Barrister-in-Law who had represented Saleh, made a written complaint on August 7, 1941 to the Distri......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. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
.... is specifically denied by the person concerned, as under the circumstances, such material may have little rational probative value. 34. The answer to the questions which have been debated at the Bar does, in ultimate analysis, depend upon the legal position wheÂther the satisfaction of the det......ions, is not open to challenge." 39. The view as to the invalidity of Rule 26 of the Defence of India Rules as expressed in the above decision was overruled by the Judicial Committee of the Privy Council in the case of Emperor Vs. Shibrath Banerjee, AIR 1945 PC 156 which held, relying upon sub-s..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......nors to the benefits of the partnership in spite of the general incapacity of a minor to enter into a contract in view of the bar under section 11 of the Contract Act and the deciÂsion of the Privy Council in Mohori Bibi's case ILR 30 Calcutta 539 corresponding to 7 CWN (PC) 44. Under section 30, ..Category: Fiscal/Taxation Law | Date: | Hits: 85
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....o. 507 of 2003 and Bauphal Police Station Case No. 12 dated 8-12-2001 under sections 147/ 148/149/140/141/324/326/307 and 302 of the Penal Code now pending in the Divisional Druta Bichar Tribunal, Barisal in respect of the petitioner only. 2. The facts, leading to this petition, are that ......ation before the Tribunal under section 265C of the Code of Criminal Procedure, stating, that on the date of occurrence, the petitioner was not present at the place of occurrence and he was at Bar Council Rest House, Dhaka. The Tribunal rejected the said application and framed charge against the..Category: Criminal Law | Date: | Hits: 34
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....nding upon the appellant and, as such, the appellant felt constrained to prefer the appeals, and the appeals are therefore absolutely bonafide. We have considered the submissions made at the Bar and perused materials on record. 106. We have already noticed that the two paragraphs, i......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....inst the two appellants and co-accused Aynul Sheikh and therefore, there is no error in the judgments of both the Courts below. 11. We have considered the submissions made at the Bar and perused the materials on record. It appears that the prosecution case is mainly built upon ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....tate 115 H.M.Co. Vs. Miller; (1878) 3 AC 889 Queen vs. Burah; (1908) 6 Com LR 469 New South Wales vs. Brewery Employees Union (564) 15 US 93 26 Law Ed. 110 Ex-parte John L. Rapier; (1887) 12 (AC) 575 Barrk Toronto vs. Lambe; (1921) 28 CLR 129 Amalgamated Society of Engineers vs. Adelaide Steamship C......Courts. Letters Patents-Analysis. Clause 31 Letters Patent of Calcutta High Court (1865) reads as:— "And We do further ordain that whenever it shall appear to the Governor-General in Council convenient that the jurisdicÂtion and power by these Our Letters Patent, or by the reci..Category: Constitutional Law | Date: | Hits: 1934
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....ion, Removal and Vacation of ofÂfice) Rules, 1986 called hereinafter Upazila Parishad Rules. 2. Facts are as follows:- Chandina Upazila comprises of 12 Unions including Galli (north) Maizkhar and Barera (south). Respondent No. 1 was elected Chairman of Maizkhar Union and then he contested for th......7. In Namdeorao Madhavroa Thakre Vs. Dulaji Sitaram Patil 70 Bombay 843 a Full Bench of the Bombay High Court while interpreting the exÂpression "the total number of councilors (other than associate Councilors)" in sec. 49(7) Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 noÂticed tha..Category: Election Law | Date: | Hits: 128
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......ingh v. Shamlal Singh, 58 Indian Appeals, 125; Maharaja Sir Kesho Prosad Singh v. Bahuria Mt. Bhagjogna Kuer and others, AIR 1937 PC 69. In the last mentioned case the Judicial Committee of the Privy Council obÂserved: "A judgment is not admissible as evidence against one which is a stranger to ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....& Co. has been also reported in 17 Indian Appeals, 110. It is a decision of the Privy Council upon an appeal from the decision of the Calcutta High Court and the Board's judgment was delivered by Sir Barnes PeaÂcock. This case arose from a suit filed in the Court of District Judge, Midnapor, by the......uit for partition." The learned Judge then referred to the Principle of law as to partition as elucidated in "Freeman on Co-tenancy and Partition" and also relied upon the decision of the Privy Council in "Robert Watson & Co. v. Ram Chand Dutta and others" on which the learned Single Judge has..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......s to interfere in cases of election because it is desirable that decision on a matter of disputed election should as soon as possible become final and conclusive so that the Constitution of the Council or Legislature may be distinctly and speedily known. There is another reason why the Court..Category: Election Law | Date: | Hits: 165
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