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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. ....... 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. ......te with him), instructed by Md. Aftab Hossain, Advocate-on-Record (absent) - For Respondent No. 1. B. Hossain, Advocate-on-Record - For Respondent No.2. Abdul Wadud Bhuiyan, Additional Attorney General. -Amicus curiae. Civil appeal No. 3 of 1987. (From the Judgement and order dated 28.9....... 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
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ondents". In this view of the matter, the learned Judges found the accused guilty under section 307/34, instead of sections 302/34, of the Penal Code. 4. Mr. B. Hossain, learned Assistant Attorney-General, contends that the observation of the learned Judges, as stated above, got no basis whatever......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....ers 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record— For the Appellant. Salehuzzaman, Deputy Attorney General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent No. 1. ......H Rahman 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: 39 DLR (AD)(1987) 223. ......AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record— For the Appellant. Salehuzzaman, Deputy Attorney General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent No. 1. Khandker Mah......H Rahman 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: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......itra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4—5. A.W. Bhuiyan, Additional Attorney General with B Hossain, Assistant Attorney General-Amicus Curiae. Civil Appeal No. 1 of 1986. ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
.... Badrul 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………………………&h......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. ...... 1983 before the High Court Division. Finding the application filed 21 days beyond the period of limitation"—the learned Single Judge of the High Court Division asked the Deputy Attorney General of the Government of Bangladesh to file an affidavit disclosing the name of the person res......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. ..Category: Procedural Law | Date: | Hits: 102
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... 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. ...... 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. ...... 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. ......gesting the murder at the instance of Golam Ali, Ukil and Aftabuddin, is a mere suggestion having no basis whatever. Again, the first information report lodged by P. W. 3 Ayub Ali who left for the Police Station within half-an hour of the incident and it was recorded within two hours of the..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....s Involved: S. R. Pal, Senior Advocate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. ...... 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. ...... S. R. Pal, Senior Advocate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. ...... 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. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....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. ......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. ......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. ......d Judges of the High Court Division for the following reasons: (1) The first information report was delayed by five days but the reason was not explained (2) Informant instead of going to the Police Station which is six miles away went to the Magistrate's Court 28 miles away; (3) Interested..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....nd Nargundkar and another v. State of Madhya Pradesh, AIR 1952 SC 343, the question was whether an admission of the accused can be split up and part of it used against him. Accused No.1 Nargundkar, a Deputy Commissioner of Excise, invited tenders for working a Distillery. Five sealed tenders were .......6.76 when the accused refused to confess. According to the prosecution case on the basis of a statement of the same very accused who refused to confess on the previous day-P.W.19 the Sub-Inspector D.K. Barua went to Bhanuagacha on the following day with the accused Lalu for examining P.......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. ......sed Lalu was arrested on 38.6.76. He was also produced before a Magistrate on 30.6.76. Lalu was remanded to the police custody and on 5.7.76 also made a confessional statement before a Magistrate. Police after investigation submitted a charge-sheet under section 303 and Kabir was charged under se..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......others v. Exxon Insurance Consultants International Ltd. All E.R. (1981) Vol. 2 pages 495; Turton vs. Turton, 42 Ch. Division, 128; Office Clearing Services Ltd. v. Westminster Window and General Cleaners Ltd. RPC Vol. 62-63 p. 39; K.M. Multani v. Paramount Talkies, AJR 1942 Bom. 1......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellant. M. Nurullah, Attorney-General, M.M. Huq, Deputy Attorney-General with him instructed by B. Hossain, Advocate-on-Record—For the Respondents ......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. ....... 1628. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellant. M. Nurullah, Attorney-General, M.M. Huq, Deputy Attorney-General with him instructed by B. Hossain, Advocate-on-Record—F......s harm and loss to the appellant. Thereafter the Additional Deputy Commissioner initiated the present proceeding for cancellation altogether this lease falsely showing it falling within 'Kulaura' Police Station although, according to the government's order of lease, the Lease Agreement and all..Category: Property Law | Date: | Hits: 87
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....urement of the agency was a trading asset and hence termination thereof had no impact on the trading capacity. In view of the above fact and circumstances, the view was taken that the Deputy Commissioner of Taxes was fully justified in treating it as revenue receipt and thereby...... 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. ...... 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
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....hellip;…………..Respondents Judgment May 15, 1986. Lawyers Involved: Aminul Huq, Advocate-on-Record.-For the Appellants. Syed Mudassir Hussain, Deputy Attorney General, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......ellip;……..Respondents Judgment May 15, 1986. Lawyers Involved: Aminul Huq, Advocate-on-Record.-For the Appellants. Syed Mudassir Hussain, Deputy Attorney General, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte......he trial court nor the High Court Division considered those circumstances, particularly the absence of proper alamats of a burnt hut and complainant's failure (or avoidance) to go to the Police station, so near to the place of occurrence, and such omission, in our opinion, has affected..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
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. ...... it is referred to a lawful title. Similar view had been expressed much earlier by Lord Denman C.J. in Culley v. Doe Dem Taylerson. 11A & E 1008 (1840) in the following terms: "Generally speaking one tenant in common cannot maintain an ejectment against another ten......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. ......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. ......is stopped from denying the title of his landlord. Now to examine the contention of Mr. Pal that the land originally belonged to a rent-receiver and that the acquisition of rent receiving interest by General Notification dated 14th April 1956 it became the property of the Government. The General Not......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. ..Category: Property Law | Date: | Hits: 34
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. ......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. ......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. ......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
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