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Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ...... No. 1 as well as his dealings with the disputed property are not at all satisfactory. His preference for strangers only shows his indifference and callous attitude. Quite a number of cases have been cited by the learned Counsels for and against the appointment of a receiv..Category: Property Law | Date: | Hits: 45
Md. Matiur RahÂman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....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. ......the witnesses or frame a formal charge; but he or they shall enter in such form as the Provincial Government may direct the following particulars:— (a) the serial number, (b) the date of the commission of the offence;..Category: Criminal Law | Date: | Hits: 41
BD Inland Water Transport CorÂpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... Fazle Munim CJ.- These appeals arise from the judgments passed in Admiralty Suit Nos. 2,3,4 and 5 of 1980 on January 21, 1982. 2. These suits, four in number, were instituted by the plaintiff-appellant, Bangladesh Inland Water Transport Corporat..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Abdus Salam MasÂter 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 proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......sal' takes place where no cognizance is taken and no process is issued. But for the purpose of entertaining a fresh complaint ‘dismissal’ and 'discharge' are often placed on same footÂing. In a number of cases both before and afÂter Partition of India, dismissal of a complaint under section 2..Category: Criminal Law | Date: | Hits: 79
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." ......0th December, 1961 as appears from the notification itself which has been quoted earlier. The appointment was not made on an individual basis but on the basis of an appointment of a number of such officers en bloc from various departments of the Government. The name of the appella..Category: Employment/Service Law | Date: | Hits: 105
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......e Judge fell into an error of law in holding that a final decree becomes void on the death of either party thereto. The learned Advocate has, in support of his contention, referred to a great number of decisions which will be discussed presently. 4. Md. Abdur Rouf, learned Adv..Category: Others | Date: | Hits: 97
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......was a big landlord having several houses at Comilla town and at Dhaka city. The plaintiff generally resides at Comilla. The story of bonafide requirement is false. The plaintiff has not stated the number of members of his family and their occupation and social status. The suit premise is not nee..Category: Property Law | Date: | Hits: 26
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... was subsisting till 18.11.87. It may be noted that the suit land in TS No. 502 of 1987 was described in terms of industrial plot No. 170 (north). There was no mention of any corresponding CS plot number. It was further stated in the written statement that the first party‑appellant obtaine..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......l Proceedings) Order, 1972 (PO No. 12 of 1972). By separate orders Dated 30th April, 1982 those applications were allowed, the decrees were set aside and the suits were restored to their files and numbers for re-hearing. The appellant moved unsuccessfully two revisional applications before the D..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......tion Act. 2. Facts necessary for the disposal of the appeal are that the suit lands are 22.82 acres of char land at Village Majichar, known as Underchar at Noakhali. Plaintiffs, thirteen in number, contended that late Priyanath Das and others had taken a pattani howla of the suit land fro..Category: Property Law | Date: | Hits: 28
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......e absolute and setting aside an order of the trial Court cancelling its earlier order dismissing a miscellaneous case under Order IX, rule 13, CPC and restoring the miscellaneous case to its file and number. 2. The plaintiff-respondent's suit for declaration of title was decreed ex parte and the ..Category: Civil Law | Date: | Hits: 105
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. ......e offence. In Stephen Seneviratne Vs. The King AIR 1936 PC 289 (300) their Lordship of the Privy Council disapproved the idea" that a prosecution must call witnesses irrespective of considerations of number and of reliability, or that a prosecution ought to discharge the functions both of prosecutio..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......April 1980 and on the following day Yakub Sarder, a relation of the deceased, lodged a First Information Report (FIR) whereupon the police investigated the case and subÂmitted charge-sheet against a number of persons and thereupon the G.R. Case No. 106 of 1980 was startÂed. This case was sent by t..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......toÂry prohibition in section 195(c), Crl. P.C, The question raised in this appeal relates to the scope and extent of this section. 2. Accused-appellant No.1 had filed Title Suit No. 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ash..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......this Court would not interÂfere, for it is not the practice of this Court to enÂter into an appreciation of evidence in criminal appeals. But we have gone through the whole record and we find a number of considerations supporting the conclusions reached by the Courts below." In the cas..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......fact those appellants was finally removed from service by order dated 4 May 1987 after High Court Division's judgment on 10 March 1987. 15. The learned Counsel for the appellants has referred to a number of decisions in support of his contention that the court should decide an appeal in the light..Category: Employment/Service Law | Date: | Hits: 112
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......by the Additional Sessions Judge. Their defence was that it is the complainant's men who had, in the early morning, raided their house which is adjacent to the house of the complainant, looted away a number of articles worth Tk.5, 00/- and in that connection when resistance was offered a free-fight ..Category: Criminal Law | Date: | Hits: 67
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... material whatever before the court to set aside the ex parte decree by altering its own finding that the summons was duly served. In support of his contention the learned Counsel has reÂlied upon a number of decisions. On the other hand, Mr. A J. Mohammad Ali, learned Advocate for the respondent h..Category: Procedural Law | Date: | Hits: 89
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......re and an enquiry committee consisting of three members found the appellant not guilty of the charges.
5. Respondent No.1 in his affidavit-in-opposition stated that the appellant was involved in a number of Criminal cases and earned ill-reputation in the locality for his rude and rough behaviour...
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......f natural justice. Non-service of notice of enquiry could not vitiate proceedÂing nor will it have any legal effect on the impugned order. 13. The teamed Attorney-General placed his reÂliance in number of decisions of the Indian jurisdicÂtion. In the case of N.P.T. Co. Ltd. V. N.S.T. Co. Ltd.,..Category: Election Law | Date: | Hits: 118
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