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Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....ndent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at the instance of the elected chairman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August, 1986 passed by the High Court Division (Circuit Bench, Chittagong) in revision upho......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 only, there is no scope of interference………â€..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
..... R. Pal. Senior Advocate (Zakir Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 24 of 1987. (From the judgment and order dated 9th July, 1987 passed by the High Court Division, Dhaka, in Writ Petition No. 57 of 1987.) ......l should not be accepted beÂcause of the fact "that not only the interest of the Chairman is affected, but also the interest of the Commissioners have also been affected." Reliance was placed on the decisions reported in 32 DLR 109, 16 DLR (SC) 476 and 22 DLR (Dhaka) 753 and finally the High Court ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
.... Karim, Senior Advocate instructed by Abul Quasem, Advocate-on-Record-For Respondent No.3. Ex-Parte—Respondent Nos. 1-2 and 4-10. Civil Appeal No. 50 of 1985. (From the judgment and order dated 20.6.84 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 1750 of 1981.)...... plot No. 492 measuring 3.71 acres is shown in the khatian as the homestead (Bari). In a suit for partition under section 4 the concept of the dwelling house has been settled by long line of judicial decisions and the learned Single Judge erred in reversing decree and remand it to the trial court as..Category: Property Law | Date: | Hits: 45
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....iqur Rahman, Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 14th August, 1982 passed by the High Court Division, Dhaka Bench in Second Appeal No. 322 of 1......reasonableness of a customary right should be decided on the condition prevailing at the inception of such right or at the time when the Court is called upon to decide the matte; and (ii) whether the decision reported in 7 DLR 464 has been correctly interpreted in deciding the instant case. 6. Le..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....dent No. 1. Ex-Parte - Respondent Nos. 2-7 & 9. Respondent No. 8 - Being dead his heir ReÂspondent No. 9 is already on record. Civil Appeal No. 40 of 1984. (From the judgment and decree dated 20.6.1983 passed by the High Court Division, Comilla Bench in Second Appeal No.21 of 1973.) ......for certain religious and charitable purpose. The question was whether Ext. I Niruponnama was valid even after the death of Pramila and if it is valid then plaintiff gets nothing. On consideration of decisions cited at the bar the High Court Division affirmed the judgment and order of the appellate ..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....ique-ul-Huq, Senior Advocate (Md. Fazlul Huq, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 17 of 1987. (From the judgment and order dated 31.3.1987 passed by the High Court Division, Dhaka Bench, in Writ Petition No. 12 of 1985.) ......ourt Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned property. Th..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....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 ......tion 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 Ext. B..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....ining the tenancy or demanding rents. Defendant-appellants did not receive any notice from the plaintiff-respondent by registered post or under certificate of posting on November 7, 1973 or any other date. 4. Defendant-appellants' further case was that the plaintiff-respondent collected rents fo......aforesaid sub-section. 10. The law as to when a tenant would become be deemed to be a defaulter as provided in the Ordinance has already been considered by us quite elabÂorately in the following decisions, namely, Ramjan Ali Mistry V. Md. Hedayetullah,(1979) 3 and Profulla Kumar Chakrovarty V. ..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....udgment August 18, 1987. The Code of Criminal procedure, 1898 (V of 1898), Section 339C read with Ordinance No. 37 of 1983 Time limit for trial was extended from time to time and the last date for conclusion of trial was on 30/06/1985. The order being passed on 19/03/1995 during operatio......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....cted by Sharifuddin Chaklader, Advocate-on-Record.-For the petitioner. Not represented-Respondent. Criminal petition for special leave to appeal No. 36 of 1986. (From the judgment and order dated 2.2.86 passed by the High Court Division, Comilla Bench, in the Criminal Revision No.14 of 198......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....f which the present appeal has arisen was instituted on 17th January 1975, it is not necessary to consider the allegations of default' made by the defendant-appellant for the period subsequent to the date of the institution of the suit for determining whether it was liable to eviction for default. ......rong in holding that the admission of the plaintiff-respondent that the defendant-appellant paid rent to it for March 1973 to August 1973 did not make a case of waiver within the meaning of the decisions of the Appellate Division reported in 31 DLR 183 AD at page 190 and 33 DLR 55 AD at page..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....dar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants entered in to the suit land even on 30th Chaitra 1359 B.S. i.e. 13th April, 1953 A.D. the twelve years running from that date ended on 13.4.1965 A.D. and as the Civil Court was closed from 12th April, 1965 to 15ih April, ...... in the suit land, but dismissed the suit by holding that the plaintiffs title had been extinguished by more than twelve years' adverse possession by the defendant from Paush,1359 B.S. On appeal that decision was reversed and the suit was decreed on a finding that even if adverse possession of the d..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....tiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back to the bainapatra dated 30.12.72 and in pursuance of which the document of the defendant was registered by the vendor.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....nt Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record. - For Respondent Nos. 1 and 2. Ex parte - Respondent No.3. Criminal Appeal No. 17 of 1986. (From the judgment and order dated 30.6.1985 and 15.7.1985 passed by the High Court Division Jessore Bench, in Criminal Revision ......e question is whether such proceeding is liable to be quashed. Inherent power has been given "to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. In series of decisions of the Court and of other Courts; the scope of extent of section 561A Cr.P.C. had been det..Category: Criminal Law | Date: | Hits: 46
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....rd- For the Appellant. A.W. Bhuiyan, Additional Attorney General, instructed by A. W. Mian, Advocate-on-Record- For the Respondent. Civil Appeal No. 14 of 1987. (From the Judgment and order dated 8.12.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 478 of 1986.) J......The petitioner filed a Writ Petition No. 478 of 1986 challenging-the impugned order. The High Court Division summarily rejected the petition on the ground that the Government had modified the earlier decision for de-requisition of 44 decimals of land and there was no illegality in such order modifyi..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....ocate-on-Record-For the Appellants. Mahmudul Islam, Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 97 of 1985. (From the Judgment and order dated 7.7.85 passed by the High Court Division, Camilla Bench, in Civil Revision No. 12 of 1984.) ......ing the High Court Division's order dated 7 July, 1985 in Civil Revision No. 73 of 1984 refusing to interfere with a decree of the appellate court. By that decree the appellate court on reversing the decision of the trial court declared invalid the appellant's order dismissing the respondent from se..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... & 3. A.Y.Salehuzzaman, Deputy Attorney-General instructed by B. Hossain, Advocate-on- Record -For the Respondents 2 & 4. Civil Appeal No. 117 of 1983. (From the Judgement and order dated 23-5-83 passed by the High Court Division, Dhaka in F.A. No. 44 of 1981.) Judgment Badru......ntendment seems to be the preservation of enemy property till conclusion of peace and the right, title and interest of the enemy was not sought to be extinguished in any way. Reliance was placed on a decision Benoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria & another 30 DLR SC 1..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....hbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Appellants. Ex parte- The Respondents. Civil Appeal No. 32 of 1986 (From the Judgement and order dated 20th April, 1986 passed by the High Court Division, Rangpur Bench in Civil Order No. 250 of 19......o their running cinema business will cause dislocation and greatly inconveniences them. 4. As no one appeared for the respondents the learned Counsel for the appellants fairly placed before us the decisions that seem to support his contention and the decisions that are against him. 5. In Naras..Category: Civil Law | Date: | Hits: 94