Search Options
Judgment Advanced Search
Displaying 7041-7060 of 8156 results.
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....yment of rent. Its provisions are "22. (1) Notwithstanding anything conÂtained in any other law for the time being in force or in any entry made in the record-of-rights last prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885, all lands in any district or part of a di......country is amenable under section 22 of the Act for the purpose of collection of rent……………………..(8 & 9) In view of the express provisions of section 22 even Government cannot, by an order or agreement, exempt any land from assessment or payment of rent. The impugned letter of the g......ill, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......egal, without jurisdiction, null and void nor any declaration that the plaintiff is not liable for the period, 1363-1368 B.S. can, therefore, be givÂen. In this connection it may, however, be menÂtioned that no prayer was made in the plaint for deÂclaring the letter dated 28th November 1960 as il..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ion No. 1448 of 1979.) Judgment: A.T.M. Afzal J. - In this appeal by leave Defendant No.1 is the appellant who has since died and been substituted by his heirs. The appeal is from judgment and order dated 4 July, 1985 passed by a Single Judge of the High Court Division (Comilla Bench) in revi......nd those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......t No. 6 of 1970 of the Second Court of Munsif, Feni. 2. Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belonged to one Samad Ali who died leaving daughter Jaitun Bibi and son Ganu Miah; Ganu Mian died leaving son Ab..Category: Property Law | Date: | Hits: 43
....€˜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.
......s absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which is embod......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.
...... to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi ..
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 ...... Respondent 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 revisio......sed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......thers.........................Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with int..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. ......4). On facts, ground was not laid for the exercise of power under section 135 and such exercise tantamount to colourable exercise of power. The High Court Division has correctly declared the impugned order as illegal.………………..(28, 29 & 37) Cases Referred to- N.P.T. Co. Ltd. V. N......hout any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......ellant. Vs. Md. Afzal & others..............................Respondents Judgment August 31, 1987. The Pourashava Ordinance, 1987 (XXVI of 1987) If any individual elected commissioner or the Chairman himself do come within the mischief of law then the necessary steps can be take..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. ......Fazlul 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 ......High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ...... does not force his way into a dwelling house in which other members of the transferor's family have a right to live. Once the partition decree is made in preliminary form the rest is for the Commissioner, but the Court at that stage is not concerned as to what direction should be given to the Commi..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......cord - For the Appellants. B. Hossain, Assistant Attorney-General, inÂstructed by M. Nowab Ali, Advocate-on-Record -For the Respondent. Criminal Appeal No. 2 of 1986. (From the judgment and order dated 14th February 1985, passed by the High Court Division, Jessore in Criminal Appeal No. 38...... connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... transportation for life passed thereunder. 2. There was an occurrence in the night followÂing 31 Aswin 1381 B.S. (18.10.82) in village Ram-nagar under P.S. Abhoynagore, District Jessore in which one Nanda Lal Biswas was alleged to have been stabbed in the chest by dagger by appellant No. 1 Amar..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ...... Rafiqur 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. 32...... appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......, and belonging to different landlords, which reÂsult in precluding the land from being brought under cultivation, is unreasonable and is not legally enÂforceable. The decision in 7 DLR 464 is good one and it does not call for any review. 7. Appellants' next contention is that in view of the de..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......ourt, inÂstructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. B. Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 15 of 1987. (From the Judgment, and order dated 5.7.87 passed by the High Court Division, Jessore in CrimiÂnal Appeal No. 225 of 1985.)...... the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......for the death for which he is on trial. The consideration is bound to be different in a case like this……………..(16 & 17) The High Court Division was right in taking the view that a delay of one year seven months in disposal of the death reference could not be taken as an extenuating factor..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......83 passed by the High Court Division, Comilla Bench in Second Appeal No.21 of 1973.) Judgments: Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgÂment and order of the High Court Division in SecÂond Appeal No. 21 of 1983. 2. Leave was granted to consi...... therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......together with a prayer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding on the plaintiff. Plaintiff is the son of Tripura. The land originally belonged to one Lakshmi Charan Bartia who died leaving behind a widow Kumari Barua and two daughters namely Trip..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......President's Order No. 16 of 1972) Articles 1(ii)(a), 2(s)(i) and 3 The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (P. O. No.149 of 1972) Articles 2, 2A, 2B (2) and 3 The impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property.......wever, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......f BanglaÂdesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) Arti..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default 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) 109 ...... 4. Defendant-appellants' further case was that the plaintiff-respondent collected rents for 9 months, against August 1971 to April 1972, from the defendant- appellants who paid the same by one pay order. Plaintiff respondent granted receipts for the same. Similarly, plaintiff- respondent collecte...... Appellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J A. T. M. Masud J M/s. A. Haque and Co. & another..........Appellant Vs. Al-Haj Zakir Hossain...............................Respondent Judgment January 18, 1984. The Premises Rent C...... date. 4. Defendant-appellants' further case was that the plaintiff-respondent collected rents for 9 months, against August 1971 to April 1972, from the defendant- appellants who paid the same by one pay order. Plaintiff respondent granted receipts for the same. Similarly, plaintiff- respondent ..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......on-Record. - For the Appellant. Mainul Husain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.— For the ReÂspondents. Criminal Appeal No. 10 of 1985. (From the judgment and order dated 10.1.84 passed by the High Court Division, Barisal Bench, in Criminal Reference Case No.......y eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......ional statements of the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not being reliable and also considering other facts..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......r, Advocate-on-Record. - For the Appellants. Rafiqur Rahman, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record. -For ReÂspondents 1(a)-(chha) Dead Substitution exempted vides order dated: 18.11.86. - For Respondents Nos. 35 (chha) 36 and 49. Ex parte—For Respondents Nos......f the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......ts. 2. Md. Hamed Ali, predecessor-in interest of reÂspondent Nos. 1(ka) to 1(chha) filed partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of th..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
.... "On behalf of the petitioner it is contended that extension of time in this case is not applicable and the instant case was not pending on 8.8.83 when the Ordinance No. XXXVII of 1983 was published in the Bangladesh Gazette. It is furÂther contended that sub-section (4) of section 339...... 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 operation of the ordinance as such the trial was pending wit......d 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 ......n of the Ordinance. The learned Judges did not give any reason for rejecting the contention of the State exÂcept making the following observation in their judgÂment: "On behalf of the petitioner it is contended that extension of time in this case is not applicable and the instant case wa..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....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 ......instructed 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 ......luded 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 ......n (Criminal) Present: F. K. M. A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Abul Kashem and another.........................Petitioner Vs. The State ..............................................Respondent Judgment Apr..Category: Criminal Law | Date: | Hits: 52
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ...... be dismissed. 4. On 26th December 1979 trial court decreed the suit for ejectment directing the appellant to hand over vacant possession of the suit premises to respondent within 15 days and also ordered the appellant to pay compensation of Tk.10,200/- to respondent for unauthorized occupation o......er as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......appellant sub-let different portions of the suit premises to different tenants. Respondent issued a notice under section 106 of the Transfer of property Act on 1st September 1974 and on the expiry of one month therefrom respondent terminated the tenancy and as the appellant did not vacate the suit p..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......both appeals) S. R. Pal, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record.-For the Respondent (In both appeals) Civil Appeal Nos. 107 & 108 of 1984 (From the judgment and order dated 19 & 20 of 1984 passed by the High Court Division, Dhaka Bench, in F. A. Nos. 73 and 143....... There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......e had been given to the status and locus standi of the plaintiff’s society by the Government of Bangladesh. 7. As has been noticed the Lodge Dhaka was renamed as Dhaka Lodge in December 1972 and one Dr. B.K. Sen Gupta look charge of Dhaka Lodge in August, 976. 8. The Government took the stan..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......For the appellant B. Hossain, Assistant Attorney- General, instructed by M. R. Khan, Advocate-on-Rccord. (absent)- For the Respondent. Criminal Appeal No. 12 of 1985. (From the judgment and order dated 14.6.84 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No. 410 of ......ability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......f 1860), Section 300, Exception 4 read with the Evidence Act (I of 1872) Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to caus..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......ding to January, 1954 A.D. as the suit filed on 16th April, 1965, would definitely be within time. 8. Finding himself in a predicament, the learned Counsel for the appellant relied upon Ext. D, an order of the Revenue Officer dated 25.3.53. By this order the defendants were shown in the Record-of......smissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......os.8 and 9 and they did not allow him to possess the suit land. The plaintiff filed the suit on 3rd Baisakh 1372 B.S. corresponding to 16th April, 1965. 4. The present appellant, defendant No.2, alone contested the suit. His case is that the suit land is the ancestral property of defendants Nos.1..Category: Property Law | Date: | Hits: 35
16971694169316921691169016891688168716861685168316821681168016791678167716761675