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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. ......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. ..Category: Property Law | Date: | Hits: 28
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....nst the respondent entirely depends on circumstantial evidences. It is needless to say that the standard of proof required to convict a person on circumstantial evidences is now well‑settled by all judicial pronouncements. It is to be seen whether the approach of the High Court Division was correc......ir 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 prosecution and defence. If it does so confusion is very apt to result, and never ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......t, was held to be valid. The learned Counsel has contended that the learned Single Judge misconstrued the relevant provisions of law, particularly Article 17(1) of P.O. 27 of 1972 which defines the functions of a Corporation which necessarily include the power of transferring in employee of one in..Category: Employment/Service Law | Date: | Hits: 143
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....habad) 64, which was over-ruled by another decision of the said court in the case reported in AIR 1972 (Allahabad) 418. The learned Counsel argues that the High Court Division did not apply its judicial mind in considering the point of law raised on behalf of the petitioner and committed an ...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....e was committed by a party to the proceeding as contemplated in section 195(1)(c). Leave was granted by us to consider the legality of the order of the High Court Division in view of the fact that judicial opinions are sharply divided on the question involved. 3. Khondkar Mahbub Hossain, lea......ument is produced or given 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 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....scribing their own jurisdiction by self imposed restrictions in matter of criminal appeal had no manner of application in the case of the Supreme Court functioning in the country at the apex of its judicial system. Hamoodur Rahman, CJ. considered that the Supreme Court has every right to examine t......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....ssuance of the order of the rule itself and that begs the question whether the satisfaction in granting the rule and vacating the ad-interim stay could be justified on the well settled principle of judicial discretion. Points merit consideration. Leave is granted." 7. Along with this ord......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
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......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..Category: Constitutional Law | Date: | Hits: 174
....rom the Pakistan Jurisdiction. (The University of Dhaka Vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722) which have consistently taken the view that in all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedin......B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
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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 ......ection 135 of the Pourashava Ordinance, 1977 for 180 days and, further appointment thereof Additional Deputy Commissioner (General) Rangpur under section 135(2)(b) of the Ordinance to perform all functions of that Pourashava during the period of supersession. 4. The Pourashava election was he..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......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..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. ......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......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..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......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..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 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..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,......hief Justice. Order of the Court. By the 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) 89 ..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......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 ..Category: Criminal Law | Date: | Hits: 46
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... he is a worker or employer. Even if it is taken that he has supervisory function, still mere supervisory capacity will not bring him into the category of "employer". Respondent does not exercise any functions managerial or administrative in nature. He got no power to control or to supervise the wor..Category: Labour and Industrial Law | Date: | Hits: 122
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......H Rahman 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: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
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