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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 ......s from different forums are not contemplated in law. Where there is conflicting opinion whether 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.......not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......R (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......t convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the...... costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... Ali & ors......................................Respondents Judgment April 20, 1986. Civil Appeal No. 18 of 1986 The Evidence Act, 1872 (1 of 1872), Section 115 Pleading unawareness is one of the most convenient ways to avoid responsibility or for shifting it on to others, but the con..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 dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......en by Satya Charan Datta to the petitioner's vendor Bhagaban Chandra Das and that respondent No.1 also filed an application for considering those documents, but the appellate Court did not pass any order on that application and without considering the same dismissed the appeal. Respondent No.1, ......er as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......r 1969 to the pre-emptees who were strangers to the case holding. Respondent No.1 also asserted that he had no knowledge of the auction sale till 12th February, 1967 when he heard about the sale from one Nurullah. After obtaining a certified copy of the sale certificate on 30th March, 1967 he filed ..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......986 is disposed of with this observation that the appellant be allowed to continue to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......od of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......encees were not without any remedy as they could claim compensation-if their licences were cancelled arbitrarily and that writ jurisdiction of the High Court Division was not available to the petitioners for establishing their contractual right based on licence, the terms of which had excluded the..Category: Others | Date: | Hits: 103
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 ......ts Judgment November 23, 1986. Civil Appeal No. 41 of 1985 The Public Demands Recovery Act, 1913 (III of 1913), section 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of setting-aside the auction sale. The respondent’s allegation ...... is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ...... A-1(2) clearly shows that the possession was delivered as early as on 21.11.61 and, as such, the suit which is required to be filed under section 36 of the Public Demands Recovery Act within one year from the date of delivery of such possession but having been filed as late as on 3.2.77..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......3 & 19- Not represented. Respondent Nos. 5-12, 14-18 and 20-25 -Ex-parte Criminal Appeal No. 30 of 1983. Judgment: Shahabuddin Ahmed J.- This appeal by special leave calls in question an order of acquittal passed by a Magistrate, First Class and confirmed by the High Court Division in a......non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......ions 147 and 379 of the Penal Code, denied the complainant's possession and asserted that they were in possession of the land. On consideration of the evidence of six witnesses of the prosecution and one witness for the defence the learned Magistrate acquitted the accused with a finding that the p..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly 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 ......g Court……………(2) To ascertain value of the part of the judgment-debtor's building so as to compensate him at plaintiffs' cost falls outside the power of the Executing Court and as such the order appointing an Advocate Commissioner has been rightly set aside by the High Court Division. The......e. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......n (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. M. Afzal J Tahmina Khatun alias Tahmina Khanam, Defendant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment Apr..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ...... in Title Suit No.141 of 1981. It was asserted by them that as the suit was not maintainable the application for temporary injunction was, therefore, liable to be dismissed. 6. By his judgment and order dated 22nd July 1984 the learned Subordinate Judge, Barisal rejected the prayer for temporary ......as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......n the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek who sold it to Jahanara Begum, predecessor-in-interest of defendant-respondent Nos. ..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. ......th sent the case to the Officer-in-Charge of the Police-Station, Janjira for enquiry and report. A Criminal Motion (Criminal Motion No. 78 of 1980) was moved before the Sessions Judge against the order for enquiry, and the learned Sessions Judge directed the Magistrate to follow the provisions o......cted 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. ......ny process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the only course for the Sessions Judge was to direct further enquiry under secti..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 ......cord- For the Appellant. Syed Sakhawat Ali, Advocate-on-Record-For the Respondent (State). Criminal Appeal No. 18 of 1987 Judgment: A.T.M. Afzal J.- This appeal by leave arises out of an order dated 21.7.87 passed by the High Court Division (Jessore Session) rejecting the appellant's pr...... 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 ......n incident in which a minor boy named Salauddin was run over and killed by a bus carrying some, picnickers near Premkanan Road, Daulatpur, and Khulna on 13.8.85. It was alleged that the appellant was one of the passengers of the said bus who picked up the dead body of the victim boy and left it aban..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e remaining three accused having been found not guilty were acquitted. 2. The appellants first preferred appeal from jail and then a regular appeal being Criminal Appeal No. 38 of 1983 against the order of conviction and sentence. Nazrul and Manik preferred a separate appeal being Criminal Appe......e impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......ut to the witness and the Investigating Officer in actually the same terms in which it is recorded in the examination-in-chief. The cross-examination of P.W. 2 and P.W. 9 does not reveal that it was done in the manner indicated above. A lengthy compound sentence recording the various answers of diff..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given 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 ......tructed by Md. Sajjadul Huq-Advocate-on-Record. Ex-parte-Respondent No. 2. Criminal Appeal No. 4 of 1987. Judgment: Shahabuddin Ahmed J. - This appeal by special leave has arisen from an order of the High Court Division (Jessore Bench) dated 2 February 1986, passed in Criminal Revision ...... 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 ......urt 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, the Bainapatra appears to have been forged by one of the appellants who thereafter produced it in the proceeding, namely the suit for specific per..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 dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting land holding 100 Bighas. So, t...... as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......as to be decided under the Bengal Tenancy Act as the cause of action arose in the case before part V of the State Acquisition and Tenancy Act came into force. So, limitation is available to the petitioner under the BT ACT. Thus the case was filed well-within the period of limitation…….............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 connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustaining the order of conviction. In a case as in the present where the witnesses are related and partisan and ha...... charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... instructed by Zinnur Ahmed, Advocate-on- Record- For the Respondent (In both the cases). Criminal Appeal No. 55 of 1985 & Criminal Petition No. 68 of 1986 Judgment: Fazle Munim CJ.-I have gone through the judgments written by Badrul Haider Chowdhury and A.T.M. Afzal, JJ; I concur with t..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 dismissed. 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 ......ox's Bazar & ors..........Respondents Judgment March 27, 1986. The Code of Civil Procedure, 1908 (V of 1908), section 151 Exercise of discretion It cannot be conceived that once a stay order is passed by the High Court Division it loses its discretion to vacate the same, even if it is......lso dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ...... J M.H. Rahman J A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar & ors..........Respondents Judgment March 27, 1986. The Code of Civil Pr..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....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. ......azi A. T. Monwaruddin, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. (In all the appeals). Civil Appeal Nos. 10, 11 & 12 of 1987. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka, in Writ Petition Nos. 83 of 1985, 137 ......se is also Reported in: 40 DLR (AD) (1988) 206. ......0 days from the date of suspension of the accused. Another ground taken by the Corporation, rather halfheartedly, was that the Government servants (Discipline and Appeal) Rules, whether the new ones or the old ones, are not applicable to the appellants, petitioners who are employees of the C..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......der, Advocate-on-Record- For the Respondent Nos. 1 & 4-9. Not represented.- Respondent Nos. 2 (i) to 2 (iv)3(i) to 3(iii) and 10-18. Civil Appeal No. 172 of 1983. (From the judgment and order dated 3.5. 83 passed by the High Court Division, Dhaka in First Appeal No. 22 of 1970.) Jud...... as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......se appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned therein are struck down as invalid. Thus judgments of the courts below are set-aside and the su..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 dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......with him), instructed by Md. Ozair Farroque, Advocate-on-Record- For the Appellant. B. Hossain, Advocate-on-Record- For the Respondent. Criminal Appeal No. 43 of 1984. (From the judgment and order dated 8.11.84 passed By the High Court Division, Rangpur Bench, in Criminal Appeal) Judgmen......ous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......onal Sections Judge, Rangpur and confirmed in appeal by the High Court Division. 2. This arises from Criminal Appeal No. 178 of 1983. Facts of the case are that complainant, Abu Sayeed (P.W.1) and one of his brothers, Reazuddin (P.W.2), while going to Pirgacha Railway Station, were attacked by ac..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 ......huiyan, Advocate instructed by Md. Aftab Hossain, Advocatc-on-Record. -- For Respondents No. 1-50. Not Represented. - For Respondent No. 11. Civil Appeal No.6 of 1986. (From the judgment and order dated 25.11.1985 passed by the High Court Division, Dhaka in Writ Petition No. 435 of 1985.) ...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......ndrajit Pratap Bahadur Sahi Vs. Amar Singh and others, AIR 1923 (P.C.) 128. Lawyers Involved: Golam Rabbani, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.- For the Petitioner. Mozzammal Huq, Bhuiyan, Advocate instructed by Md. Aftab Hossain, Advocatc-on-Record. -- Fo..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 Order 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. ......te-on-Record- For the Appellant. A.J. Mohammad Ali, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 2 of 1987 (From the Judgment and order date 6.4.86 passed by the High Court Division, Dhaka, in Civil Revision No. 652 of 1985.) ......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......g that the summons was duly served. In the circumstances the trial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Commissioner, Sylhet V. Israil Ali and others, 1981 BSCR, 222, Santosh Kumar Chakraborty and others v. Motal..Category: Procedural Law | Date: | Hits: 89
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