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Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....court in exercise of its jurisdiction can decide wrongly as well as rightly. In Malkarjun V. Narahari and another reported in 25 (Bom) 337 P.C. it was pointed by the Judicial Committee that the judicial sale was not a nullity and could not be treated as invalid notwithstanding any irregulari..Category: Constitutional Law | Date: | Hits: 174
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....his office if he without reasonable excuse, absents himself from three consecutive meetings of the Paurashava (b) he is convicted for any offence relating to corruption, criminal misconduct or prejudicial or anti-state activity;(c) he refuses to perform or becomes disabled from performing his ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....tion that plot No. 492 measuring 3.71 acres is shown in the khatian as the homestead (Bari). In a suit for partition under section 4 the concept of the dwelling house has been settled by long line of judicial decisions and the learned Single Judge erred in reversing decree and remand it to the trial..Category: Property Law | Date: | Hits: 45
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
.... 6. Eventually the appellant was put on trial on the aforesaid charge before the Additional Sessions Judge, Jessore in Session Case No. 10/85. 7. 12 P.Ws. were examined and, amongst other, the judicial confession (Ext. 6) was proved in support of the prosecution case. 8. The defence case w..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....ddhists of Bengal are governed by Bengal School of Hindu Law (Mondodari Vs. Kshitendra S. A. No. 2256 of 1931 ( at page 46). The amendments of 1956 were made to bring the law in conformity with the judicial decisions. But this point need not be pursued further because as it has been noticed that t..Category: Property Law | Date: | Hits: 32
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
.... the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not being reliable and ..Category: Criminal Law | Date: | Hits: 45
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....ese statutory restrictions relating to payment of monthly rent within certain date, if disregarded by the tenant, disentitles him to the protection against eviction for default in payment of rent. By judicial interpretation of these provisions which impose such restrictions the only exception which,..Category: Tenancy Law | Date: | Hits: 109
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
.... সুবিচারের প্রার্থনা জানাইয়া এই লিখিত এজহার থানায় দিলাম। This explanation does not appeal to any judicial conscious for entertaining the reason of the delay. It is true that criminal prosecution sh..Category: Criminal Law | Date: | Hits: 46
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....nce on oral evidence of the interested witnesses in utter disregard of the principles propounded by the law of evidence tantamounts to open a door for extraneous considerations thereby jeopardizing judicial thinking and its process. There is always the danger in a case like the present that conj..Category: Procedural Law | Date: | Hits: 115
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....t him out of suspicion and that to their questioning Nausher confessed that he had participated in the murder of Elias in pursuance of a conspiracy with co-accused Jalil and Nuru and others; (5) a judicial confession (Ext 1) of Nausher made before a Magistrate, P.W 1, within 36 hours from the ti..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....nterfere dates back from the days of the Privy Council and the principles governing interference have remained more or less the same even to this day. One such principle is that the judicial committee does not advise interference merely because they themselves would have taken a d..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....t he committed the crime." According to his Lordship "the inference that he committed the crime" is not sufficient to constitute a confession. But it should be noted that no confession, judicial or extra-judicial, was put in as evidence against the accused in that case but the question..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... it is another case of non-application of mind which operated adversely insofar as the appellant is concerned. 35. The principle that no man should be condemned unheard is so much enshrined in our judicial system that it needs no reiteration. Suffice to say such non-application of mind lends colo..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....the consideration of any oral or extraneous evidence to contradict the terms of an instrument when it is proved under section 91, subject, of course, to certain exceptions. There is uniformity of judicial authorities on the question of exclusion of oral evidence by documentary evidence, and it i..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....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
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....suits of which their cognisance is either expressly or impliedly barred." Pakistan Supreme Court held that "the question as to whether the act of an executive or administrative officer or a quasi judicial or judicial tribunal is without jurisdiction, illegal and not binding on a party, being a m..Category: Property Law | Date: | Hits: 48
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....t facts to him to sign and verify a written statement, and the other submission is that the Deputy Commissioner who is also Collector of the district, is the recognized agent of the Government in all judicial proceedings and as such he got power under rule 2 of Order XXVII, C.P.C. to sign and verify..Category: Tenancy Law | Date: | Hits: 108