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Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... possession thereof to him. 6. On 25.7.81 the auction-purchaser filed a written statement in Title suit No. 69 of 1981 denying the plaintiff’s case and asserting substantially the same statements which he had made in the plaint of Title Suit No. 339 of 1981. 7. On 23.7.84 Bang......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....ve seriously urged that the learned Special Judge did not properly scrutinise the material evidence on record and he did not at all discuss and consider the materially discrepant and contradictory statements made by the prosecution witnesses and that some of the witnesses really supported the de......ion of the prosecution witnesses appeared to be that the accused appellant Abdul Gani owned the house where Omar Ali, Mofijuddin and others resided as tenants and the accused pressed for the higher rents from them and also threatened then to vacate them therefrom if they ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....Rangu Miah, P W 9 Salamat Shaikh and PW 10 Golam Mostafa. PW 6 Laily Khatun and PW 7 Gul Mohammad do not state that they heard any extra-judicial confession made by the accused Lutfor Fakir. Their statements in the enquiring Court have been put in under section 288 of the Code of Criminal at the......mato Bhai) of Parashullah Fakir, grand father of accused Lutfor Fakir. PW 6 Laily Khatun is the daughter of PW 7 Gul Mohammad, In this case Parashullah Fakir and his wife Saju Bibi who are grand parents of the deceased as well as of the accused and are witnesses named in the First Information Re..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ithout his consent; and thirdly, that he bonafide required the premises for his own use and occupation. 3. The suit was contested by the defendant Nos. 1 and 2 by filing two separate written statements. The defendant No.l challenged the agreement dated 7th February, 1954 as forged and fab...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....placed reliance upon these affidavits. We have gone between the lines of each of these affidavits and we find thereupon that each party reiterated his main case taken in the plaint and the written statements respectively. They did not budge an inch from their original stands. From these affidavi......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....of the Deputy Commissioner subject to the directions of the Divisional Commissioner. ' 3. The added-respondents have also opposed the petition on various grounds and have denied the general statements made in the petition. It has been claimed by them that the petitioners have been moving ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......sp; Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 1967 passed by the learned Munsif, 4..Category: Property Law | Date: | Hits: 86
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....was a fraudulent one does not warrant interference by the court in exercise of its power under section 151 of the Code of Civil Procedure. In this connection, he has also drawn my attention to the statements made by Parul Bala in her evidence. It appears that the contention of the learned Advoca......ed Jagadish is a fictitious person and the compromise decree was fraudulently obtained by the defendants by setting up a fictitious person and practising fraud upon the Court. She resides in her parents' house, as she has no connection with her husband. She came to know about the fraudulent comp..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....y taken away by the accused appellant, but at the time of trial she said that she was compelled by her husband to make that false statement and that she was not abducted by accused Golam Kader. The statements she has made before the two courts below show that she is an unscrupulous woman and has......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....e of Nagesher Baksh Singh vs Ganesha Supra, said. The Board refers in particular to the judgment of Sir John Edge in Gajendra Singh vs Sardar Singh ILR t8 All 176, 179, 180. In their opinion, the statements of principle now to quote are of significance and are sound as applied not only in Al......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....laintiff that the subject matter of the title suit 133 of 1904 and that of the proceedings under section 145 of the Code of Criminal Procedure were the forty plots of lands mentioned in the written statements of Defendants 1 to 4. Under the said facts and circumstances Mitter and Khundkar JJ, he...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......ade the lands fit for cultivation and began to live on some land by constructing huts therein. Thus, they assert that they have been in possession of the lands in suit in rayati right on payment of rents. The defendants also pleaded that the entry in the khatian in the name of Abdul Kader in raya..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
.... of that cowshed there was a peg to which the goats were tied. Rahman, the elder brother of the accused, lived in the southern 'bhiti' hut. The prisoner Rashid took out a 'Dao' from that hut. These statements made by him in his cross-examination not only confirm our belief about his competence b......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....id defendant is illegal and not binding. 3. Defendant No.1 Zilla Parishad, Chittagong and defendant No.2, Bangladesh, represented by the Deputy Commissioner, Chittagong filed two separate written statements but defendant No.2 did not contest the suit. Defendant No.1 claimed ownership of the suit....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....nd that the gunny bags containing election materials were not sealed and the packets inside the gunny bags containing used and unused ballot papers were found to be open and not sealed and certain statements required by the Rules were also found missing from inside those gunny bags. The learned ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....es. 13. Dealing next suddenly with the defence case that the occurrence did not take place in the Bichra but at the homestead of accused Matbar Ali, the High Court Division found from the statements of PWs 2-12 that” the Bichra of the informant PW 1’ (forgetting that PW 1 fa......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......m vs. Kumleshwari Pershad (1886) LR 23 IA 160, it was held; “Where there are benami transactions and the question is who is the real owner, the actual possession or receipt of rents of the property is most important”. 13. In the case Ram Narain vs. Mohammad ..Category: Property Law | Date: | Hits: 75
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....1st February, 1999, Mr. Habibul Islam Bhuiyan, Senior Advocate and President of the Supreme Court Bar Association describing himself further as an officer of this Court, brought to my notice, certain statements published in the daily ‘Dinkal’ and daily ‘Sangram’ of 30 January, 1999 which wer......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......h was in contravention of Order 6, rule 7 of the Code of Civil Procedure. (ii) whether the trial Court had committed any error of law in allowing the plaintiff to prove his farogs (rents receipts) standing in his name. (iii) whether the High Court Division was justi..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......ed those of the trial Court. 2. The plaintiff claimed pattan of the suit land from the Estate of the Zamindars in 1331 BS. The plaintiffs’ father possessed the suit land on payment of rents and on receipt of dakhilas. Upon the death of his father the plaintiff became the sole owner ..Category: Property Law | Date: | Hits: 45
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