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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. ...... succeed on the basis of customary right. Following Abul Hossain v. Sadai Gobind Deb 42 CWN 1102 = ILR 63 Cal. 851 it was held that an easement right of pasturage can not be acquired by an indefinite number of people of a certain village or villages on the basis of a lost grant or by prescription ..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury 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: 40 DLR (AD) (1988) 116. ......ax for the year 1972-73 from 12.4.73 and Municipal tax for the year 1973-74 on 13.3.74. He emphasised in his representation annexure-L that during the period of 20 years between 1952 and 1972 he paid number of visits to Dhaka for visiting his parents and relations and he did never visit any place in..Category: Immigration and Citizenship Law | Date: | Hits: 214
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......it is also not a case of total absence of any evidence the prosecution proposes to rely on to substantiate the allegation. Both the first information report and the charge-sheet show that there are a number of witnesses of the occurrence. Among the 20 witnesses cited in the charge-sheet, one is Moha..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......s denied the claim of the appellant that he was the highest bidder on 18 December 1986. Their case is that the appellant submitted a tender within the specified time and when all the tenders, four in number, submitted that day, were opened in presence of the bidders including the appellant at 12-15 ..
Category: Business or Commercial Law | Date: | Hits: 95
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
.... the Assembly. Hamoodur Rahman CJ. after reviewing a number of cases including from English and American jurisdictions made the following observation: "An election dispute is a dispute raised by a voter or a defeated candidate in his individual capacity under the Statute. It determines the privat......ind this argument to be convincing, for the remedy by a quo-warranto proceeding, in which the title to a public office may be questioned by any person, is independent of remedy available to a limited number of persons having personal grievances; Moreover, the election-petition may be withdrawn by wa..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......d two others were put on trial on a charge of murder committed by them in furtherance of their common intention. They pleaded not guilty to the charge. But on consideration of the evidence of a great number of witnesses including the expert evidence of a doctor, the Sessions Judge, Pabna found that ..Category: Criminal Law | Date: | Hits: 62
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......late Court, however, reversed the decision of the trial Court and dismissed the suit on the following findings: that the plaintiff, examining himself as P. W. 1, could not give the khatian or plot number, or the area of the suit land, nor he could give the year of his purchase; that he could not..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....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: ......implication. An implied repeal will be held only when provision of the two statutes are so inconsistent that they cannot stand together. 7. In this connection, Mr. A. W. Bhuiyan has referred to a number of decisions to press his point that section 35A has not been repealed by necessary implica..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. ......1) of Nausher made before a Magistrate, P.W 1, within 36 hours from the time of the incident;(6) recovery of a torchlight from Nausher at the time of his arrest which was identified by a number of witnesses including P. W. 7 Hamida that this torch-light belonged to her husband who had ..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ...... charged.'' 3. The prosecution case is that on 12-7-72 the house of Khijir, one of the three persons allegedly buried alive, was raided by the respondents along with other villagers numbering about 25, that he was charged with having stolen four jack-fruits belonging to one of th..Category: Criminal Law | Date: | Hits: 46
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. ......to the Full Bench was, whether the court could accept the inculpatory part of a confession which commended belief and reject the exculpatory part which was incredible. On reference to a large number of authorities cited the Full Bench observed that these authorities actually established ..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ich is In fact, the existing business as it has been in existence from before, that is, since 1981, whereas the company was incorporated in 1984. In support of this contention he has referred to a number of documents, particularly Annexures ‘I’ 'J 'K and ‘L’, of the Affid..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....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. ...... passed being Annexure— A which has been quoted above. 7. The appellant challenged the impugned order by filing a Writ Petition and the High Court Division while dealing with the case considered number of submissions which would be considered at the appropriate stage and ultimately came to the ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... 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. ......defendant No.1- appellant No.1, was a Director of the Homeland Insurance Company in 1959, Respondent filed a suit (T.S. No. 122 of 1976 in the 1st Court of Munsif, Dhaka, which was subsequently renumbered as Title Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Def..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. ......arned Judges of the High Court Division without traversing findings of the Tribunal dealt with the point whether the amount was compensation having the nature of capital receipt considered the number of rulings namely, Shaw Wallace case reported in AIR 1932 (PC) 138: C.I.T Vs. K Rahman &..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......wo) Nos. Coaster of 600 DWT capacity as per attached specifications drawn by Bangladesh Shilpa Rin Sangstha (BSRS) and as per drawings approved by N. K. ARTICLE: 2 Price of one number steel body, (self propelled) cargo coaster of capacity 600 DWT complete as per specifi..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......sh;and before their retreat the accused Montu sprayed kerosine oil on the roof of the complainant's hut and accused Siraj set fire by a match stick. P.Ws. 4, 5 6, 7 and 8 though stated that a large number of people came to the place of occurrence and some of them tried to extinguish the fir..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....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. ......a substantive relief, and that ad valorem court-fee will be necessary for such a relief under section 7 (iv)(c) of the Court-fees Act. Facts of that case were quite distinguishable and in view of a number of reliefs having been prayed for in that suit, which was for both declaration and cancella..Category: Property Law | Date: | Hits: 86
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. ...... by limitation. 25. Plaintiffs examined 4 witnesses but adduced no documentary evidence except the admitted kabuliyat dated 2 June 1920 (Ext 1).Defendants examined 4 witnesses and produced a number of documents including seven registered Barga-kabuliyat, 18 Rent receipts and some khat..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......esumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone………….(49) Law does not require a particular number of witnesses to prove a case. A conviction can be founded even on the testimony of a solitary..Category: Criminal Law | Date: | Hits: 56
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