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Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Criminal Appeal No. 29 of 1985. (From the judgment and order dated 29th September, 1983 passed by the High Court Division, Comilla Bench in Criminal appeal No.......e 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 the decision based merely on oral evidence and cause a miscarriage of justice. That there could be..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....hman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record-For the added Respondents (In both the cases). Civil Appeal Nos 26 and 27 of 1984. (From the judgement and decree dated 16-2-83 passed by the High Court Division, Comilla Bench, in Second Appeal Nos, 402 and 403 ......uch a prayer at any stage of the proceedings if the court considers such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md. Yunus 15 DLR SC 120 and..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....r the Appellant. Ranadhir Sen, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Respondent No. 1 Civil Appeal 162 of 1983. (From the judgment and decree dated 8.6.83, passed by the High Court Division, Comilla Bench in Second Appeal No. 258 of 1968.) ......y a local custom, or by a practice, of the institution, to grant lands in that manner. 10. In that case it is further noted that the phrase ‘benefit of the estate", as used in the decision with regard to the circumstances justifying an alienation by the manager for an infant he..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
.... Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos. 1 & 2. Abated vide Court's Order dated 21.1.85— For the Respondent Nos. 39-40 & 47. Ex-Parte-For the Respondent Nos......to the knowledge of the latter. It was noticed that these elements had not been proved by the defendants. Sole possession is not exclusive or adverse possession. Reliance was placed on long line of decisions especially in the case of Bindhu Bala De & another Vs. Rebati Mohan De & ors repo..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....Senior Advocate, Rokanuddin Mahmud, Advocate with him instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 43 of 1985. (From the Judgment and Order dated 21.1.85 passed by the High court Division, Chittagong in Civil Revision No. 128 of 1978). ......l Court have jurisdiction to examine the Question whether the order of requisition was a nullity being illegal, ultra vires, without jurisdiction and malafide, the learned Counsel cited the following decisions: 1) Secretary of State vs. Mask & Co., 44 CWN 70=AIR 1940 PC 105; 2) Mian Moha..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....structed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 58 of 1983. From the Judgment and Order dated 30.583 passed by the High Court Division, Dhaka in Criminal Appeal No.3 of 1982. Judgment ......al Court. The appeal is dismissed. Badrul Haider Chowdhury J.-I have gone through the judgment written by my Lord the Chief Justice and my learned brother Shahabuddin Ahmed J. I concur with the decision of Shahabuddin Ahmed J. Shahabuddin Ahmed J.—In this appeal by seven persons convicte..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. Civil Appeal No. 71 of 1985. (From the Judgment and Order dated 30.10.84 passed by the High Court Division, Comilla Civil Revision No. 140 of 1983). Judgme......t should be looked into. It was, not a title suit. It was more a suit foe declaration that the suit land is not vested and non-resident property. Reliance was placed by the High Court Division in the decision reported in 31 DLR 107. It was not warranted inasmuch as the defendant being a lessee has h..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....rned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for t......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
..... M. Zahir, Senior Advocate (Mahbubey Alam, Advocate with him instructed by Ahmed Nurur Reza, Advocate-on-Record-For the Respondents. Civil Appeal No. 17 of 1986. (From the Judgment & Order dated 20.11.85 passed by the High Court Division, Dhaka in Matter No. 13 of 1986.) Judgment: ......alled, held and conducted in accordance with any such order shall for all purposes be deemed to be a meeting of the company duly called, held and conducted." The learned Counsels then cited decisions of various Courts of this sub-continent in support of their respective contentions as to t..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... & others………………………Respondent Judgment Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a Notification dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stat......in Ahmed J.- In this appeal by special leave the only question for consideration is whether the learned Single Judge of the High Court Division is well-founded in law in upholding the trial Court's decision that the Deputy Commissioner is competent to file written statement in a suit against the G..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....ul Hague Siddique, Advocate-on-Record- For the Respondent No. 1 (W). Ex-parte—For the Respondent No. 1(a), 1(c), 1(2) & 2. Civil appeal No 125 of 1984. (From the Judgment and Order dated 1st April, 1984 Passed by the High Court Division, Chittagong in First Appeal No. 17(c) of 198......itness in the agreement Ext. 2, his attestation cannot operate as estoppel so as to render him unfit to challenge its effectiveness as an agreement, Appellant's Counsel Syed Ishtiaq Ahmed cited the decision of Bhagwan Singh vs. Ujagar Singh, AIR 1928 PC 20. In this case, while observing that "atte..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
..... Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (A......as granted to consider whether the learned Single Judge, of the High Court Division, while setting aside the Tribunal's order for fresh election in one of the three Centers, correctly appreciated our decision in the case of Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51 and rightl..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....icer had no jurisdiction to pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to be decided on its own merit. The order that election of the returned candidate is void and the petitioner has been duly elected, passed by the Tribunal and affirmed by the le......ing result of the votes in a plain-sheet of paper by the Presiding Officer and the first court. In view of the aforesaid the Tribunal allowed the petition and declared the appellant as Chairman. This decision was affirmed by the District Judge on appeal. The Appellate Court below found that tee coun..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....cord—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4—32. Civil Appeal No. 21 of 1984. (From the judgment and order dated 30 October, 1983 passed by the High Court Division, Dhaka, to Civil Revision No. 242 of 1983.)......s from the date of disposal of We Leave-petition the appellant appeared before the trial Court with an application for extending the time to make the deposit. The learned Advocate has relied on the decision in case of Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143 and also Invoked section 148, Ci..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....For the Appellant. A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hussain, Advocate-on-Record—For the Respondents. Civil Appeal No. 61 of 1985. (From the Judgment and Order dated 22 5 85 passed by the High Court Division, Dhaka, in Writ Petition No. 113 of 1985.) Judg......the Officer-in-Charge of Kushtia Police Station at the time of execution of this order. Sd- Illegible 16-4-85 A.K.M. Fazlul Hoque Miah District Magistrate Kushtia." 3. The decision as to whether the appellant had obtained the authentication of his declaration as require..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
.... For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not Represented—For Respondent Nos. 1, 2, 4-14 & 17 (in both the appeals). Criminal Appeal Nos. 48 and 49 of 1985. From the order dated 5.8.85 passed by the High Court Division, Dhaka Bench in Writ Petitions No. 253 of 1985 and fr......maturely but he did not act illegally. Therefore, the Barisal Bench rightly refused to interfere in the matter. 16. As for the Dhaka Bench in refusing the writ it correctly took the view that such decision in the revisional jurisdiction of the High Court Division could not be reviewed under Artic..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....essions Case presupposes the appearance of the accused before the court for the purpose of hearing the accusation or charge against him or them. The trial actually started on 16.03.1981 and it is the date which should be reckoned as the starting point of the trial. The High Court Division committed ......vings as provided in section 4(2) of the Ordinance was immediately attracted. He has referred, besides Stroud's Judicial Dictionary, to the Dictionary meaning of the word 'pending' which is 'awaiting decision or settlement' and sought to contend that after cognizance the case was only awaiting decis..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Advocate with him), instructed by Mohammad Ayub, Advocate-on-Record—For the Respondent (In Civil Appeal No. 164 of 1983). Civil Appeal Nos. 63 & 164 of 1983. From the Judgment and Order dated 27.6.83 passed by the High Court Division, Dhaka in Civil Revision Nos. 103 & 153 of 1983.......r (Rev.), Tangail under Memo Mo. XXII 9/78-2276/1 (3) dated 24.2.78 For closing day in the Salimabad hat for violating Government Order-H.B. dated 11.3.77. The Government by the said order upheld the decision of the local administration of fixing Wednesday and Saturday as hat days for the Salimabad ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....nior Advocate, Instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 73 of 1984. (From the judgment and order dated 22.11.1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 893 of 1981......ed rent on earlier occasions beyond 7th day of the month, following and thus waived clause-I of the agreement dated 29.12.70. As such be could not be termed as a defaulter. Reliance was placed on the decision of Shamsuddin Ahmed, reported in (1979), 31 D.L.R (AD) 155. Next as to the sub-letting, the..Category: Tenancy Law | Date: | Hits: 65
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
..... 13 & 14 (In Civil Appeal 53 of 1985), respondent No. 5 (In Civil Appeal No. 54 of 1985). Civil Appeal No. 51-54 of 1985 with Civil Petition No. 140 of 1985 (From the Judgment and Orders dated 16.5.85. 21.5.85, 25.4.85 passed by the High Court Division, Dhaka and Rangpur in Writ Petiti......e is subject to both appellate and revisional jurisdiction of the High Court Division……(42) In exercising revisional powers under section 115 of the Code of Civil Procedure against the decision of any election appellate Tribunal, the High Court Division can grant any relief to which ..Category: Election Law | Date: | Hits: 154
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