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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. ...... to administer its affairs or meet its financial obligations, or (c) generally acts in manner contrary to public interest." Then the Government can supersede the Paurashava whereupon the Chairman and Commissioner shall cease to hold their office. In this case the Government acted under clause (b), n..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....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. ......ut sider does not force his way into a dwelling house in which other members of the transferor's family have a right to live. Once the partition decree is made in preliminary form the rest is for the Commissioner, but the Court at that stage is not concerned as to what direction should be given to t..Category: Property Law | Date: | Hits: 45
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....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 ...... point. P.W. 8 Jagadish Chandra Biswas, Dafadar, slated in his evidence that Dipak (appellant) pointed out the dead body and himself brought it out from the latrine well. P.W. 11 Md. Golam Mostafa, Commissioner, Narail Pourashava, (witness named in the FIR) also slated that Dipak admitted in his p..Category: Criminal Law | Date: | Hits: 61
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. ......sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his permanent address was given at Dhaka. His passport was renewed in 1963 by the Pakistan High Commissioner in London. 6. In 1962 he was allotted a piece of land by the D.I.T. and he construct..Category: Immigration and Citizenship Law | Date: | Hits: 214
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......rming therein that the order dated 20.2.1985 was modified in respect of .44 acres of land and the same land would continue to remain under requisition. 4. An appeal was filed before the Additional Commissioner, Khulna and the appellate authority took the view that since the order of de-requisitio..Category: Property Law | Date: | Hits: 49
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......llants. 2. Respondent No. 1 instituted a suit for partition on 30th March, 1986. On the following day he filed two applications, one for appointment of a receiver, and another for appointment of a Commissioner for making an inventory of some of the items of the schedule properties. The court issu..Category: Civil Law | Date: | Hits: 94
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......adrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Pabna…………………………&..Category: Procedural Law | Date: | Hits: 102
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. ......riginal tender with a fresh one, P-3, quoting therein different rates just below those stated in tender, P-6 of Doongaji. On 11-11-46 accused No. 1 handed over those "opened tenders" to the Assistant Commissioner of Excise, Amar Nath, (P.W. 23) for submitting a report and ultimately the contract was..Category: Criminal Law | Date: | Hits: 124
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. ......th this aspect came to the conclusion that it was a delay of one year two months. 5. To complete the story the respondents issued an impugned order dated 15.5.85 stating: "The Additional Deputy Commissioner (Rev) Moulvibazar. Regarding lease of Chatla Beel under Upazila Kulaura, Dist. Moul..Category: Property Law | Date: | Hits: 87
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. ...... Appellate Division (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Commissioner of Taxes, Dhaka (East Zone), Dhaka.................... Appellant Vs M/S...Category: Fiscal/Taxation Law | Date: | Hits: 84
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. 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: 39 DLR (AD) 1. ....... No notice as enjoined by law was served upon the plaintiffs. All these acts revealed the malafide of defendants. Plaintiffs filed Miscellaneous Requisition Appeal No. 26 of 1976 to the Additional Commissioner, defendant No. 5 who, without-considering the real facts, dismissed the appeal Plaintif..Category: Property Law | Date: | Hits: 48
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. ......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. ..Category: Criminal Law | Date: | Hits: 56
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......uthorised the Military Estate Officers as specified in the Schedule of the said Notification, to sign and verify the plaint or written statement in a suit by or against the Government. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Defence, u..Category: Tenancy Law | Date: | Hits: 108
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rosecution. In this case there was no such application from the Public Prosecutor but the 'Magistrate allowed the withdrawal on perusal of the order of the Government forwarded through the Deputy Commissioner. This is clearly illegal; the Magistrate must act according to his judicial discretio..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......de to the Presiding Officer who is alone empowered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51; Nurul Islam V. Munsif, Election Tribunal 28 DLR (Dhaka) 375. ..Category: Election Law | Date: | Hits: 140
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......strict Magistrate" used in sections 12,23 and 24 of the Printing Presses and Publications (Declaration and Registration) Act, 1973 did not include Additional District Magistrate/Additional Deputy Commissioner, He further submitted that under the provisions of section 19 of the General Clauses ..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ...... A.G. v. British Museum [1903] 2Ch. 612; Strata Mercella's Case, 9 Rep. 25 b.; Northumberland vs. Houghton, L.R. 5 Ex. 127; Cunningham v. Tomey Homma [l903] A.C. 141; State v. Weatherly, 45 No. 20; Commissioner of Taxes v. Ford Motor Co. of Australia Pty. Ltd, [1941] St. R. Qd. 233; Rakhal Das Add..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ...... and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the contemner. In the Memo he has not only asked the Deputy Commissioner, Rangpur to note the absence of the Munsif Magistrate without intimation to the U.N.O..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......4 PC 81, Hemshing V. Basant , AIR 1936 PC 93 ; Addikappa V. Chandrasekhara, AIR 948 PC 12 ; Shamsul Huq Sikder Vs Election Tribunal, (1975) 27 DLR 388; Md. Amjad Hossain Howlader V. Chief Election Commissioner, Govt. of the People's Republic of Bangladesh, (1975) 27 DLR 373. 7. As against t..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....y and his wives. On the other hand, D.W. 1 is defendant Khorshed Alam himself; his claim was supported by D.Ws. 4, 5 and 7. Of them D. W. 5 did not depose from his personal knowledge, but he, as Ward Chairman, held an enquiry in course of which he met Baramoni of Natore who told him that the d...... far to seek. Amir himself has given the answer in his life till and it will be useful to consider Ext S(1) petition by Amir Ali dated 12.11.49. in respect Misc. Case No, 6 of 1944 before the Wakf Commissioner who initiated the proceeds on various allegations by Solaiman Mia Amir Ali posed the q..Category: Family Law | Date: | Hits: 239