Search Options
Judgment Advanced Search
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....guishing the fire. On 15th December, 1982 P.W.1 lodged a complaint, written by P W.9 Abdul Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in......l Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in his name and the complainant had no right and possession in that land and tha..Category: Criminal Law | Date: | Hits: 57
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
.... Debia Vs. Mothooranalh Acharjo 13 Moo Ind. App. (PC) 270 and Palaniappa Chetty Vs. Devasikamony Pandara, AIR 1917 PC 33. 15. In the instant case if the appellant's case is believed then the disputed settlement was accompanied by the receipt of a kabuliyat, the granting of a patta and fixa......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....liyat dated 2 June 1920 (Ext 1).Defendants examined 4 witnesses and produced a number of documents including seven registered Barga-kabuliyat, 18 Rent receipts and some khatians besides the undisputed Mortgage Deeds and Sale Deeds in favour of Alfazuddin. On consideration of these mate......evidence dismissed the suit and the finding was that no evidence was led that Hedayet had paid any rent for his share of land nor his name was recorded in the landlord's sherista or in the relevant khatian. The trial court came to the conclusion that whatever interest Hedayet had in the suit prop..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... filing a joint written statement denying the claim of the plaintiff. Their case was that the suit land was khas land of Maharaja Shashi Kanta Acharyya Chowdhury and Appertained to the landlord's khatian No. 95 of Mymensingh town. Then the Mymensingh Municipality had been entrusted by the Zamind..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....ession against each plot by virtue of the purchase by the sale deeds dated 8.2.65 and 10.2.65. In that way the defendant No.1 has managed to bring under his control about .13 ½ sataks of land in the disputed locality. The remaining lands besides the land covered by the Madrasah house the defendant ......ning defendants from dispossessing them till the disposal of the suit. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of a one-storied building on the lan..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....ast of the hut of Idris. Parties to the quarrel over this land were the appellant’s on one side and one Khursheda, daughter of Hatem Haji on the other. Idris to whom Khursheda gave the borga of the disputed land was caught in between. Khursheda is alleged to have purchased the disputed land from o......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....' and directed a fresh election there keeping undisturbed the results of the two other Polling Stations 10 that those result could be added to the result to be obtained from the fresh election in the disputed Polling Station for final determination of the question at to election of Chairman of the U......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....possession in the disputed property. The learned Sessions Judge considered that the first party failed to produce their basic document by which they have claimed their title and possession in the disputed property. On the other hand, the documents filed by the opposite parties show that they hav......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....act was upset in the Revisional jurisdiction. Rule as to concurrent finding of fact is not so rigid that it might not be departed from if such a state of things existed as facts appearing from some undisputed document which are completely destructive of the finding of fact by the Courts below. AIR 1......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....uld not be punished, for repeating the offence of contempt of Court, the Rule being numbered as Criminal Miscellaneous Case No. 41 of 1984. 6. Appellant, in his affidavit elated 18th March 1984, disputed the facts alleged in the complaint and submitted that if he unwillingly committed any conte......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....i is Ext.5 and he deposed on 26.4.66 just about two months after death of Zohura Begum. In his evidence he did not say a word that Khorshed Alam was his adopted son. Though in cross-examination he disputed the genuineness of the Hiba-bil-ewaz Ext.H. Khorshed Alam deposed as defendant and stated t...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
.... of grudge. The trial court observed: "P.W.1 the plaintiff No. 1 has clearly stared in cross-examination that the defendants alleged first schedule land of W. S. does not appertain to the disputed lands." Accordingly it excluded the first schedule land by observing: "Thus ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......t his name mutated in Mutation Case No 136 of 1936-37 and remaining portion of Schedule No.1 lands were purchased by Zakir Hossain and Zahid Hossain who got their names separately mutated in the same khatian. Appellants' land in Schedule No. 2 which, appertained to jute No. 5 Rajab Ali have been in ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... and that his father was not a tenant of the appellant, that he did not inherit it on his father's death and as such, there was no question of holding over. This argument clearly takes us back to the disputed facts between the pasties, whether Kala Mia was a tenant under the appellant and, if so, wh......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, from before. His tenancy right has matur......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....on of Writ jurisdiction of the High Court Division. These decisions are hardly of any assistance to the respondent in view of the simple fact that the position of the employees in those cases was not disputed; one was in the service of the Republic and was very much within the protection of Articl......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
.... but it is an election in part as the results of election held in the other two Wards of the Union were maintained and kept intact so as to be amalgamated with the result of the fresh election in the disputed Ward. In such an election no fresh candidate can contest, no nomination paper is necessar......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon and for recovery of possession......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37