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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. ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..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......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..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 ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..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. ...... 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
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......nder PS Tejgaon, District Dhaka on CS plot No. 533, corresponding to SA plot No. 1348 and RS plot No. 2630, is the property gifted to her by her father, the first party-appellant alleged breach of peace over possession thereof by the second party-respondent and prayed for drawing up a proceeding..Category: Criminal Law | Date: | Hits: 54
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......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
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... to cost. Ed. ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....disputed that exhibit 6 is admissible in evidence to prove itself as a relevant fact under section 35 of the Evidence Act as the same was recorded by the Officer-in-Charge of the Police Station, a public servant in discharge of his official duties. When this GD was lodged there was no allegation......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....ice time has come and experience also demand that the High Court Division will have to be a little more scrutinizing even in a case of acquittal because in the ultimate analysis it is the interest of public justice and or prevention of miscarriage of justice which prompt the Court of revision to in......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....ned as witnesses in this case. It is only the relations of the Informant who are witnesses about the incident, which according to him, took place at broad day light. When the incident took place on a public road near the shop of owe Mohan disinterested witnesses could have been examined. 9. On ca......s set aside and they are acquitted from the charges 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: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....ot Represented- Respondent Nos. 2, 4-10 and 12-13. Criminal Appeal No. 26 of 1984 Judgment Shahabuddin Ahmed J. - The question involved in this appeal by special leave is of considerable public importance. It is whether the Sessions Judge has got power under s. 439A, Criminal Procedur......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....oted below: (Relevant Portions only): “195. (1) No Court shall take cognizance- (a) of any offence punishable under sections 172 to 188 of the Penal Code, except on in writing of the public servant concerned of some other public servant to whom he is subordinate; (b) of any......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)
.... of the sitting Chairman accused Akbar. This has not been denied by the defence either. Throwing of bomb into the hop of Efaz which resulted in his death had created panic in the mind of the ordinary public of the locality. The trial Court considered that it was a special circumstance of the case ......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
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....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 ......ppellant was the first party in a proceeding under section 145 Cr.P.C. The respondents were second parties. The learned Magistrate was of the opinion that there was an apprehension of the breach of peace, so he drew up an order under section 144 Cr.P.C. on 26.11.79. Subsequently this proceeding wa..Category: Constitutional Law | Date: | Hits: 174
....uddin Ahmed J
MH Rahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. .................................Respondents
Judgment
July......r of cancellation and. confiscation which was passed by the Minister without recording any reason and any finding that it was deemed necessary to cancel the license for the security of the public peace and further without affording any opportunity to the appellant to refute the allegations on ..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....shava is unable to discharge or persistently fails in discharging its duties, or (b) is unable 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 Commis......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. ..Category: Election Law | Date: | Hits: 118
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....n abandoned property and directing the appellant to restore the possession of the same to the respondent within three months thereof. 2. Leave no appeal was granted to consider the only point of public importance as quoted below: "For that the respondent or his father or grandfather not ha......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. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
.... Baksh Mallik V. Ram Lal Hazrah reported in 37 Cal 449 it was observed: "If, therefore a party deliberately waives a legal right to which he is entitled, and no question of contravention of public policy or morality arises, such waiver is" operative.-In other words, if the waiver is supp......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
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