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Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......d 28.3.83 it appears that several adjournments were taken by respondent No. 5 and yet he did not finally appear at the hearing. The ADC rejected the objection petition observing that the aggrieved party may take shelter in the competent Civil Court, if they so desire. It does not appear that eit..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....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. ......in satisfaction of the Zamindars demand of rent. 14. Regulation VIII of 1819 contains a special provision for setting aside sale. Section 14 provides that "it shall be competent to any party desirous of contesting the right of the Zamindar to make the sale, whether on the ground of t..Category: Property Law | Date: | Hits: 28
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....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 ......may be started in this manner that it may well be that a different view of the evidence could have been taken but that is not enough to justify interference in revision on an application by a private party to set aside an order of acquittal. As to the first proposition we say that it is generally co..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......o.5 of 1987. 3. The background of the two cases, briefly, is that J.M.Iqbal @ Bachhu Haider, and accused in case no.4 of 1988, was elected chairman of Dighirpar UnÂion Parishad in 1985. The rival party in the election was that of Zaglul Haldar alias Bhulu. The bitterness created in the election ..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there apÂpears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......e legal position is concerned, a mere trustee for him, there is no reason why an action cannot be maintained in the name of the benamdar in respect of the property although the beneficial owner is no party to it, a proceeding by or against the be-named being in its ultimate result fully binding on t..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......r the election was peaceful in the centre or not, the election commission was quite competent to pass any order including review of the order of any election officer without hearing of any contesting party. The petition is dismissed………………….(3 & 4) Lawyers Involved: Dr. Kamal Hosai..Category: Election Law | Date: | Hits: 126
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......ion of the parties concerned. The wisdom of the proposition that Government beÂing one, there should have been one order passed once only evidencing or creating lease of the fishery in favour of one party may not be doubted, but things as they are no illegality appears to have taintÂed the orders ..Category: Property Law | Date: | Hits: 34
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 ......red that the order dated 20.2.74 be cancelled. The petitioners may take shelter in the compeÂtent court if they desire. The money deposited by them may be refunded on proper prayer. InÂform the party concern and the TDR, Amgaon accordingly". 14. Strangely enough, plaintiff-respondents kep..Category: Property Law | Date: | Hits: 35
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen 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 ......jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document produced before it. In the instant case..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
.... the objecÂtions of the pre-emptee and allowed pre-emption. On appeal, however, the Subordinate Judge, Noakhali reÂversed the decision on the ground that the application for pre-emption was bad for defect of parties in that one of the co-sharers was not made a party in the proceeding. 3. Pre-em...... appeal, however, the Subordinate Judge, Noakhali reÂversed the decision on the ground that the application for pre-emption was bad for defect of parties in that one of the co-sharers was not made a party in the proceeding. 3. Pre-emptor-respondent then went in revision before the High Court Div..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
.... this Court might have taken a different view of the evidence should not be sufficient to overrule the findings of the Courts below; but we should first satisfy ourselves that there is some seriÂous defect in the process by which the finding has been arrived at Where such defect is discovered and t......cause in the judgment of Afzal, J. it has been given fully. The learned Sessions Judge had noticed that 2 influential groups of the locality were involved in this case and the accused belonged to the party of the sitting Chairman accused Akbar. This has not been denied by the defence either. Throwin..Category: Criminal Law | Date: | Hits: 61
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....ent, Decree or Order, the lands comprising of 59,648.70 acres constituting a ReÂserved Forest known as the Attia Forest under Notification mentioned in the schedule shall, not withstanding any defect in such constitution or notification, be deemed to have been validly constituted a reserved......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ...... Bandez Ali struck Wayezuddin with a lathi on his head and chest, as a result of which, Wayezuddin fell down senseless and died after 3 days in Rangpur Hospital. Two more persons of the complainant's party namely, Reazuddin and Bayezuddin were also assaulted by the accused. On these allegations they..Category: Criminal Law | Date: | Hits: 67
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 ......t Division was justified in reÂjecting the petition under Article 102 of the ConstiÂtution and thereby denying any remedy to the appelÂlant. 3. Facts arc as follows: The appellant was the first party in a proceeding under section 145 Cr.P.C. The respondents were second parties. The learned Mag..Category: Constitutional Law | Date: | Hits: 174
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......ng of personal influence and authority in the loÂcality. The committee observed that in the Fakirhat Upazila there were two parties and the people support two persons; Appellant is the leader of one party and the other party is the local administration itself and the Home Secretary works silentlynt..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ...... parties confronted with application on objection in respect of particular ballot papers and those were met. So, it is not possible that a valid ballot paper was left for counting in favour of either party. So, even though it is unfortunate that the decision in the case turned on two marginal votes ..Category: Election Law | Date: | Hits: 106
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. ......e elected CommissionÂers. In the their writ petition the respondents alleged that the Government was inimical to respondent No. 1 for certain political affiliation and respondent Nos. 2 to 5 are his party men. Due to certain political riÂvalry some influential persons in the Government intended lo..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......and 11) and others only heard from them. Let us see what these two eye-witnesses have said about the role of appellants 2-4 in the occurrence. Admittedly Nanda Lal was a mediator against whom accused party had no previous grudge and 10 whom both the quarrellÂing parties went for a settlement. Now w..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ...... dismissed although the conviction under SecÂtion 201 Penal Code was set aside. 11. Leave was obtained raising the following submissions: (1) that the prosecution case as to leading the Police party to the latrine, recovery of the dead body therefrom and washing of the same by the accused him..Category: Criminal Law | Date: | Hits: 61
Government of BanglaÂdesh 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. ......up for conÂsideration in case of private international law where the parties lead evidence and stand the scrutiny of cross examination for ascertaining the law that deÂtermines personal rights of a party with regard to his majority or minority, his marriage, right of succession etc. 67. The res..Category: Immigration and Citizenship Law | Date: | Hits: 214
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