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Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....t him out of suspicion and that to their questioning Nausher confessed that he had participated in the murder of Elias in pursuance of a conspiracy with co-accused Jalil and Nuru and others; (5) a judicial confession (Ext 1) of Nausher made before a Magistrate, P.W 1, within 36 hours from the ti...... 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. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... (f) require any person to furnish to the Custodian such returns, accounts and other information and to produce such documents, as the Custodian considers necessary for the discharge of his functions under the order; and any such order may contain such incidental and suppl..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....nterfere dates back from the days of the Privy Council and the principles governing interference have remained more or less the same even to this day. One such principle is that the judicial committee does not advise interference merely because they themselves would have taken a d......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. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....t he committed the crime." According to his Lordship "the inference that he committed the crime" is not sufficient to constitute a confession. But it should be noted that no confession, judicial or extra-judicial, was put in as evidence against the accused in that case but the question......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. ..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... it is another case of non-application of mind which operated adversely insofar as the appellant is concerned. 35. The principle that no man should be condemned unheard is so much enshrined in our judicial system that it needs no reiteration. Suffice to say such non-application of mind lends colo......ance of their statutory duty and it was not an ordinary contract. This agreement of lease was concluded in exercising statutory power. 28. Modern Government has multifarious activities. Some of us functions are Governmental function while exercising sovereign power and again some of the functio..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....the consideration of any oral or extraneous evidence to contradict the terms of an instrument when it is proved under section 91, subject, of course, to certain exceptions. There is uniformity of judicial authorities on the question of exclusion of oral evidence by documentary evidence, and it i...... 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. ..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. ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
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. ......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. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......tinent for a great many years, and is always understood to mean an authority which is entrusted with the administration of a local fund................ A local authority is ordinarily charged with functions of self-government, and has power of making bye-laws of imposing taxation, and of mainta..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....suits of which their cognisance is either expressly or impliedly barred." Pakistan Supreme Court held that "the question as to whether the act of an executive or administrative officer or a quasi judicial or judicial tribunal is without jurisdiction, illegal and not binding on a party, being a m......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. ..Category: Property Law | Date: | Hits: 48
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....t facts to him to sign and verify a written statement, and the other submission is that the Deputy Commissioner who is also Collector of the district, is the recognized agent of the Government in all judicial proceedings and as such he got power under rule 2 of Order XXVII, C.P.C. to sign and verify...... 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 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....tor 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 discretion and law. Moreover, the Government's order as to Withdrawal did not show any reas......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 ..Category: Criminal Law | Date: | Hits: 71
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.......eneral Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District Magistrate in authentication of a declaration……………..(14) Cases..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....etionary) since the matter has been considered and for whatever reasons interference was not made with the impugned order by a Bench of this Division we consider it plainly improper and beyond the judicial norms to sit on judgment once again over the same matter. Furthermore, according to esta......e Division should be addressed for settling the law on the point finally." Thereafter leave was granted by this Court to consider the contention that the learned Sessions Judge has usurped the functions of the Magistrate under section 145 Cr.P.C., inasmuch as, it is the Magistrate who alone c..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....dments, we can legitimately presume that they in their wisdom did not intend to assign a constant meaning to ''trial" in the various provisions of the present Code. This is precisely what judicial opinion holds. A Division Bench of Calcutta High Court in Jiban Molla Vs. Emperor, AIR 1933...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
...., they cannot feel aggrieved. Further, it was found the order of the Joint Secretary dated 8.3.77 could not be challenged before the Civil Court and observed that "the Joint Secretary had applied his judicial order (viewed) and as such an order can hardly be called in question as mala fide and arbit......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. ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ssions Judge, Rangpur stating that the contemner was asking respondent No. 2 to address him as 'sir’. 13. Since this is an unique example of how as an executive officer who is himself exercising judicial powers in criminal matters has the temerity to obstruct the course of justice by such act......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 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....ibunal appointed under section 27. 27. Appointment of Tribunal.- (1) for the trial of election petitions, the Election Commission shall, by notification in the official Gazette, appoint a judicial officer to be an Election Tribunal for such area as may be specified in the notificat......esaid case. 35. Whether District Judge who constitutes the election appellant’s authority a 'persona designata’ or a Court may also, therefore, be decided by considering the nature of his functions. If the functions he would exercise as election appellate authority reveal attributes of ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....as held: "that there must be some miscarriage of justice of violation of some principle of law or procedure, that miscarriage of justice means such a departure from the rules which permeate all judicial procedure as to make that which happened not in the proper sense of the word judicial ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
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