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Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....he suit pathway from time immemorial and the pathway leads to the main road of the locality. They made improvement of the same at their own costs and it is the only and unavoidable way to reach the public road. The suit pathway had been recorded wrongly as cultivable land along with its contiguous..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....989. Civil Appeal No. 8 of 1989. Civil Appeal No. 17 of 1989. Judgment Badrul Haider Chowdhury J. — These appeals were heard analogously in a bunch since a common question of law of public importance has been raised as to the interpretation of Rule 70 of the Union Parishad (Electio..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
.... years, and whether the High Court Division erred in law in not considering that the Civil Court had no jurisdiction to entertain the suit in view of Art. 117(2) of the Constitution of the People's Republic of Bangladesh and the Administrative Tribunal Act, 1980. Subsequently the appellant filed an ..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....tion 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for preservation of public peace. However he cannot close down such a shop for indefinite period. It should not only be ..Category: Others | Date: | Hits: 125
Category: Election Law | Date: | Hits: 212
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... Consequently, her interest in the land and building stood transferred to the appellant who thereupon converted all his assets into a proprietorship and mutated his name accordingly in all relevant public documents. The decision of the High Court Division in respect of this point is erroneous sinc..Category: Business or Commercial Law | Date: | Hits: 114
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....nd that the execution of the kabala were made for the purpose of stifling a criminal case and as such it is hit by section 23 of the Contract Act because the transaction is unlawful and against the public policy. The appellate Court below noticed the Criminal proceeding under sections 380 and 14..Category: Property Law | Date: | Hits: 42
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....nd (d). The properties is given to his possession, custody and management and the Court confers such power as emphasised in clause (d). The receiver is therefore an officer of the Court, is a public officer. He is a custodian of the properties by the order of the Court and since he is an of..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....appellant was appointed mutawalli of the Bhatipara Waqf Estate—E.C. No 11917—and he has been performing his duties as such since 30 April 1974. Three beneficiaries and one member of the public filed a petition against him on 23 November 1981 before the Administrator bringing some alle..Category: Trust/Waqf Law | Date: | Hits: 196
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ncluded relief to the poor, promotion of education, establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of places of public worship. The income-producing business was indeed owned by the Trust, and also carried on by..Category: Fiscal/Taxation Law | Date: | Hits: 117
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....eased to falsely prosecute the husband and father-in-law of the deceased under section 302 of the Penal Code. He, therefore, committed forgery, falsification of record and criminal misconduct as a public servant punishable under the aforesaid offences. 4. Defence was that the petitioner..Category: Criminal Law | Date: | Hits: 58
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... as right to life and liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....arned Judges: "There was not a tinge of remorse or repentance in the affidavit for what had happened. On the contrary, he came up with defiant justification for his role in the matter. If a public servant is allowed to conduct himself in such manner then it is bound to undermine the confi..Category: Anti-Corruption Laws | Date: | Hits: 113
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
....llenge the legality of the detention. 6. Section 491 of the Code of Criminal Procedure is a summary procedure for enquiry as to whether a person is illegally or improperly detained in public or private custody and if it is so found the Court would direct the release of such a perso..Category: Criminal Law | Date: | Hits: 58
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....-11-1982 passed by the High Court Division, Dhaka in Criminal Revision No. 323 of 1982.) Judgment Shahabuddin Ahmed J.- The question involved in this appeal appears to be of considerable public importance, and it is, under what circumstances a second complaint may be entertained after d..Category: Criminal Law | Date: | Hits: 79
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
.... B H Chowdhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....o be performed in accordance with the laws of the country and the rules of procedure. Any deviation from such course is bound to affect administration of justice inasmuch as the whole system rests on public confidence and once the public confidence is shaken there ends the matter. 7. The al..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....p; Shahabuddin Ahmed J.- This is an appeal by special leave at the instance of the plaintiff-decree holder of a partition suit. A pertinent question of law, which is also of considerable public importance, is involved herein. It is whether an execution proceeding can be reopened ..Category: Others | Date: | Hits: 97
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....nder letting was also recognised and inferior or derivative tenures were conferred similar interest to that enjoyed by prior talukdar. In case of arrears of rent patni tenures are liable to sale by public auction. The Regulation defined the relative rights of Zamindars and patni talukdars and es..Category: Property Law | Date: | Hits: 28