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Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
.... stated in the first information report that Majid was assaulted by Shahjahan, Munsaf, Shamsher and Kawser. In his evidence he implicated Shahjahan and-Munsaf as mere abettors, saying that on their orders Anwar and Sultan dealt the fatal lathi blows on Majid. Again, though he mentioned all the 15..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....tion 326 Indian Penal Code and imposing a sentence of imprisonment on that charge. 21. In the Federal Court case Shahabuddin J. pointed out that there is no difference in principle between two orders of acquittal even though in one case the acquittal was on one of two separate charges and in ..Category: Criminal Law | Date: | Hits: 55
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 ..Category: Property Law | Date: | Hits: 24
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....t convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the..Category: Property Law | Date: | Hits: 34
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ing aside the impugned sale in 1973 and succeeded in obtaining the order for setting aside the sale. This being clearly contrary to law was set aside or cancelled. On 5th December, 1975 the following orders were passed by the Circle Officer (Revenue) vide Ext. Al-3: "Meno No. I145RA/69-60 X..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....ectly entertain such a case for trial "unless the accused has been sent" to him by the Magistrate. 5. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney-General, has referred to the relevant orders recorded in the Order-Sheet of this case and has pointed out that the learned Judges of the H..Category: Criminal Law | Date: | Hits: 75
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....legal effect and why the petitioner-Samity's still subsisting lease-hold right and interest in the impugned fisheries should not be declared as legal and lawful, or such other or further order or orders passed as to this Court may seem fit and proper." 3. At the same time the learned Judges s..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....date of his suspension, whichever is earlier, the accused shall stand discharged from the charge. This period expired in each of these three cases; consequently, it is contended that the impugned orders passed after the expiry of the time limit are invalid having no legal effect. 6. All the ..Category: Employment/Service Law | Date: | Hits: 112
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
.... is found to have illegally set aside the ex parte decree the learned Single Judge did not direct his attention to this aspect of the matter. 8. In the result, the appeal is allowed; the impugned orders of the High Court Division and the trial Court are set aside and the application under Orde..Category: Procedural Law | Date: | Hits: 89
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....lue of the property by the learned lower Court before making the final decree." 7. Mr. Pal submits that in this state of things there is hardly anything for the High Court Division to revise the orders of the Courts below far less to reverse the decision and remand the case to the trial court. ..Category: Property Law | Date: | Hits: 45
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....disposal: whether such evidence can be relied upon is a matter which will be considered by the trial Court. 12. The High Court Division got inherent power under section 561A Crl. P.C. to make such orders as may be necessary "to prevent abuse of the process of any court or otherwise to secure the ..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 ..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....sion of the joint land by dispossessing the co-sharer in possession of the said land without partitioning the same according to law. In this view of the matter the appeal was allowed and the impugned orders were declared to have been taken without lawful authority. 36. In passing, in the judgment..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....ment supporting defendant No.1. 22. The suit was dismissed by the trial court and the appellate court affirmed that decision. The High Court Division, Comilla Bench, refused to interfere with the orders of the courts below. 23. On behalf of the appellant it is contended that in view of the..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....e conclusion in accordance with law. The Court records its appreciation for the free service rendered by Mr. Abdul Malek. 12. In the result, therefore, this appeal is allowed. The orders of the High Court Division and the appellate Court below are set aside and that of the trial..Category: Property Law | Date: | Hits: 32
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....sary power even during the hearing to pass any order including order of stay of further proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....er of any other authority is as follows: "5. All enemy property vesting in the Custodian shall be exempt from attachment, seizure or sale in execution of a civil court decree or orders of any other authority." Provisions similar to those contained in Arti..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....while considering such a case of acquittal (16 D.L.R (SC) 94) reiterated the principles which have been consistently followed by the Supreme Court of Pakistan for justifying interference with orders of acquittal passed by the High Court. His Lordship observed that the principles seem t..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....elaborate discussion of the function of delegated legislations, it may be mentioned that in relation to the parent Act any subordinate legislation, such as, rules, regulations, bye-laws, circulars, orders, notifications etc. which may be framed there under occupy subordinate position. Invariably..Category: Employment/Service Law | Date: | Hits: 97