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Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... 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 ......onsideration of the facts and circumstances of the case that appellant Mohitullah was responsible for the death of the aforesaid victims and the other appellants also inflicted fala injury on the body of deceased Mona Karati. It was also found that the appellants were members of an unlawful as..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ee passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish hat and bazaar and to fix days of their sittin......to hold Salimabad bat at its present site in Salimabad Mouza on two days in a week, Tuesday and Friday. The claim is not tenable for two reasons, first, no grant either by the Government or any local body to hold Salimabad hat at any point of time has been established and secondly, plaintiff-appella..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....Criminal Miscellaneous Case No. 24 of 1984. 5. During the pendency of the above Rule for contempt District and Sessions Judge, Rangpur forwarded two representations mace by respondent No. 2 to the Government praying Sot his transfer from Chilmari, On perusal of the representations the learned Jud......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)
....s Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1...... been created for seeking remedy. Article 26 provides for filing an election petition challenging an election at which the petitioner was a candidate. This petition cannot be made to any person or body other than an Election Tribunal. Under Article 27 an Election Tribunal for a particular area i..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....out 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquainted with late Amir Ali, having occasionally visited Amir Ali's house. P.W. 4 (76) is a retired teacher of a Government High Madrassa and Amir Ali's neighbour having personal knowledge about Amir Ali's famil......s his father. So the condition, No. 1 and 3 are fulfilled. Now what about second condition, It says that the descent of a person acknowledged must not be already established from another. Has anybody proved that Khorshed Alam is son of another person? None whatsoever. On the contrary, plaintif..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
..... 70 corresponding to 20 IA 165. Their Lordships of the Committee observed: "a sale is a sale made under the Act, XI of 1859 within the meaning of that Act. when it is a sale for arrears of Government revenue held by the Collector or other officer authorised to held a sale under the Ac......in the suit land and his kabala is a bogus one. All notices and processes of the sale were duly and legally issued and served upon the recorded tenants of the jute. Defendant had no collusion with anybody and he purchased jute at an adequate and proper price at the time of sale of the jute for arr..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....under the appellant. These exhibits are certified copies of two applications of the respondent to the Additional Deputy Commissioner (Revenue) praying for settlement to the suit-premises from the Government, the ultimate owner. Both the appellant and the respondent (defendant No. 1) prayed for s......toppel is founded upon a contract between the tenant and the landlord. It provides that when a person enters into possession of immovable property as a tenant of another person then neither he nor anybody claiming through him shall be permitted during the continuance of the tenancy to deny the lan..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....: 38 DLR (AD) (1986) 93 ......section (1), shall become tenants directly under the Government and shall pay real at the existing rate, in respect of the rent paying lands so held by them, to the Government and not to anybody else." His case that he was a tenant of ex-rent receiver and he became a tenant under ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....e Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land ......Second Court of Munsif, Dhaka for declaration of nullity of the order of dismissal taking, among other things, the ground that he was a government servant and was not liable to be dismissed by anybody other than the appointing authority, namely, the Registrar, Co-operative Societies. The learned..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted 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: 38 DLR (AD) (1986) 75. ......ld of by appellants Rabiul and Altab. P.W.1 hurriedly ran away and informed his brother, P.W. 2, maternal uncle of Nurul Islam, P.W. 3 and others about the incident. On the following morning the dead body of Nurul Islam was found on the bank of a khal about 100 cubits from Mujaffar Ali's house. P.W...Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... that proceeding". These two all-important ingredients are palpably lacking in this case. In the said proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public ...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....ider whether in view of the provisions of the Printing, Presses and Publications Ordinance which impliedly provide for complaint to be made by the prescribed authority or an officer designated by the Government for violation of the provisions of section 4, a private citizen was competent to lodge a ......e of Criminal Procedure. 8. Mr. K.Z Alam, appellants' Advocate, while referring to section 4 of the Act argued that as the declaration is required to be made to the District Magistrate concerned nobody else is supposed to know whether such declaration has been subscribed or not by the keeper of..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... the parties concerned on 2.10.68. In another notice of the same date i.e. dated 20.1.72, they cited reasons of declaring the properties of M/S. Hajee Mohammad Ali & Sons to be confiscated to the Government for reasons of state enemy but in fact the petroleum company has failed to produce any ......appellant's allegations are false and frivolous. It was a mere licence at will. The licence was duly cancelled, under clause 12 of the agreement; Ext. 6. There has been no undue political pressure. Nobody was looking after the petrol station during the period of disturbance in 1971. Respondent No.1 ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....e opportunity of being heard in support of the same. If the appellate court does not dismiss the appeal summarily, then section 422 provides for causing notice to be given to the appellant and to the Government section 423 provides for the powers of the appellate court and Sub-section (b) reads as u......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....…..Appellant Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amendment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....ecover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) Local Government Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of taxes, rates, tolls, fees and other ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....; Mahmud Husain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government contended that failure on the part of the appellants to serve notice on the Governm......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....uq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West Pakistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; the High Court, Calc......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....iately. Plot 'A' marked in the sketch consists of plots Nos. 732, 733, 734, 694 and 737 only. As per order of the Chairman, the above plots be derequisitioned....please communicate decisions to Government for approval and endorsement. Derequisition notice be issued after obtaining Governmen......that Act in L. A. Case No. 91 of 1962-63. Harilal Goswami made a representation to Mr. G. A. Madani, the then Chairman of the D.I.T. who, after holding some enquiry, passed an order on 16-2-66 on the body of the sketch man, annexed to the petition, directing that the triangular plot marked 'A' the..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
.... is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
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