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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 ......ified the order of the Joint Secretary and extended the lease of the appellant for one year only i.e., 1392 B.S. A copy of this order was forwarded to the appellant SoÂciety. Date for hearing of the applications of the parÂties for lease of the fishery by the Minister was fixed on 2nd September 19..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is disÂmissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......No.1. Ex-Parte - For the Respondents Nos. 2-73 Civil Appeal No. 82 of 1984. Judgment: M.H. Rahman J. - This appeal is at the inÂstance of the pre-emptees. 2. Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres..Category: Property Law | Date: | Hits: 29
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ...... value of a part of the building which fell to the decree-holders' share, provisions of section 151 C.P.C. are applicaÂble. We do not think that this contention is tenable. For, remedy sought in the application goes into the merit of the decree itself in which rights and liabiliÂties of the partie..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......ecific Relief Act on the alÂlegations that they have been forcibly dispossessed by the appellant on 29th April 1981. Appellant conÂtested by filing written statement but lost the case. A revisional application was filed by the appellant before the High Court Division, Barisal Bench, beÂing Civil ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....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. ......ore the Sessions Judge against the order for enquiry, and the learned Sessions Judge directed the Magistrate to follow the provisions of section 205-D of the Code. The complainant thereafter filed an application to withdraw from the proceeding and ultimately the Magistrate by an order dated 10 April..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......he High Court Division (Jessore) and the same was admitted on 5.5.87. The prayer for bail of the accused persons pending appeal was refused. The appellant then alone prayed for bail by an independent application making out a special case for bail, inter alia, on the ground that he was a B.A. Examine..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....y to a proÂceeding in that Court, the commission of which has a reasonably close nexus with the proceedÂings in that Court so that it can without emÂbarking upon a completely independent and fresh inquiry, satisfactorily consider by reference prinÂcipally to its records the expediency of......procedure and method for filing complaint by a court have been laid down in section 476, Crl.P.C. Section 476 is quoted below: "476. (1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the inter..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......esh Land Holding Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported ..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......e to the conclusion that the deciÂsions of the Privy Council or the Federal Court cirÂcumscribing their own jurisdiction by self imposed restrictions in matter of criminal appeal had no manÂner of application in the case of the Supreme Court functioning in the country at the apex of its judicial ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......ely, Deputy Commissioner of Cox's Bazar leased out the said five Fisheries to respondent No.5, Samity for one year on 18th July 1985 withÂout any notice to the appellant's Samity. Appellant moved an application to respondent No.3, Secretary, Ministry of Land Administration and Land Reforms who dire..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....has argued that even now the existÂing Rules may be looked into by this Court as the appeals arising out of those Petitions are pending. When an appeal is pending, the whole matter is reÂopened for fresh hearing and as such this Court should take into consideration the subsequent events, facts and......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....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. ......l Court decreed the suit. Against the judgÂment Government preferred an appeal being First Appeal No.22 of 1970 before the High Court DiviÂsion. During the pendency of the appeal appellant filed an application under section 4(2) of the Attia Forest (Protection) Ordinance, 1982 for an order of abat..Category: Property Law | Date: | Hits: 63
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 ......has no manner of apÂplication. It was observed: "In our view the observation made in that decision was with reference to the facts in that case. In that case the petition in the revisional application under section 439A Cr.P.C. in the Court of the Sessions Judge was the petition in revi..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......s -server as claimed. But the question is what is the basis of trial court's finding that the summons was not served. The basis, as appears from record, is the mere claim of the defendant made in his application under Order IX, rule 13 C.P.C. that no summons was served upon him. This claim was not b..Category: Procedural Law | Date: | Hits: 89
....€˜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.
......hority should ordinarily record the reasons itself; if it is not done the civil court will certainly scrutinize the order and will strike it down if it is found that the order has been passed without application mind to the materials on record. If the appropriate authority chooses not to make its or..
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 ......arishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronted with application on objection in respect of particular ballot papers and those were met. So, it is not po..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. ......l justice when the appellate authority had read out the contents of the police report which was meant more for the use of the authority in makÂing or refusing a grant than for the use of the several applications or any one of them. In other words, it is in the nature of information supplied by the ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......less to reverse the decision and remand the case to the trial court. 8. In Subal "Chandra Modak V. Gostha Behari Das, 60 CWN 829 a Division Bench of the Calcutta High Court observed :- "When an application under section 4 of the Partition Act comes up for consideration the jurisdiction of the ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....to passing of order "to kill us" was nothing but a hyÂperbole. P.W. 1 Surendra Nath heard first hand about the occurrence from P.Ws.9 and 11 soon after the ocÂcurrence. What he heard must have been fresh in his mind when he lodged the F.I.R. on the following morning. In the F.I.R. it is stated tha...... hour of the night. Thus we find substance in the only contenÂtion raised by Mr. Serajul Huq that upon the eviÂdence as on record the conviction of appellants 2-4 for the offence of murder with the application of section 34 or even section 109 cannot be, justified. The liability for the murder of ..Category: Criminal Law | Date: | Hits: 80
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....he auction sale which rather lent support to the plaintiffs' claim; and that the plaintiffs statement in their plaint in the previous suit would not operate as an estoppel. It remanded the case for a fresh decision on the point whether plot No. 215 was identical with item No.1 of Babu Khan's kabala ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
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