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Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ded as a party, for a person having any interest or share in the disputed property cannot be avoided by simply branding him a stranger. Facts proved before the trial court are that Tarak Saha was a recorded co-sharer in the holding comprising R.S Khatian Nos. 60, 61 and 61 (3) of Mouza Takshar (v......s Case is also Reported in: 37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......n the original jama. Excepting this statement which is apparently an admission against the interest of, its maker, there is no evidence that the jama was actually separated and the lands were recorded under separate khatians. The copy of a proposed khatian No. 997/1 has been produced before......o Reported in: 37 DLR (AD) (1985) 212. ......epting this statement which is apparently an admission against the interest of, its maker, there is no evidence that the jama was actually separated and the lands were recorded under separate khatians. The copy of a proposed khatian No. 997/1 has been produced before us by the appellant-pre..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172....... the objection petition Ext. 3 were that of defendant No. 2. 22. In the circumstances the learned Judge of the High Court Division was not justified in reversing those concurrent findings of facts recorded by the Courts below. It is not disputed that concurrent findings of facts by the trial Co...... (1985) 205, 1985 BLD (AD) 172.......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....vour of Rajab Ali and Ajitullah by a registered Kabuliyat dated 8.5.46. The appellants asserted possession on the strength of the aforesaid kabuliyat and contend that the case land has been wrongly recorded during the R.O.R. operation in the names of the respondents. 4. Respondents......Whatever may be the defect in title, if it is found that the appellants, have been possessing the case land when the record of right was prepared, they are entitled to have their names recorded……………..(14) The High Court Division cannot interf......rt Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... held the superior Howla-interest, and after the death of his father, he held the raiyati right under the Howladers, namely, heirs of Ahmadullah Dewanji including himself and these facts were duly recorded in the C.S. Khatian No.140 (Ext. 21) which was prepared at a later date. Under this Khatia......s Case is also Reported in: 37 DLR (AD) (1985) 193. ...... heirs of Ahmadullah Dewanji including himself and these facts were duly recorded in the C.S. Khatian No.140 (Ext. 21) which was prepared at a later date. Under this Khatian No.140, there were five khatians namely, Khatians Nos.141 to 145 in which the names of some bargaders of Golam Rahman were ..Category: Property Law | Date: | Hits: 55
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......andon the holding, but her bargader, defendant No.5, possessed the land for some time and thereafter they took settlement from Priyabala herself and got possession, and accordingly their names were recorded fu the Preliminary Rent Roll. Their further case is that though the plaintiffs had served...... Case is also Reported in: 37 DLR (AD) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ner by named Md. Ali Jan son of late Ali Hossain. It is a desperate argument inasmuch as we have seen the petition filed by Ali Jan himself on record praying for time which was filed and an order was recorded on 1.1.84 staying all further proceeding in view of the said, order granted by this Court. ......ners Vs. Bangladesh and others………Respondents (In Civil Petition No. 310 of 1984) Judgment November 20, 1984. Result: The petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ...... the confessional statement, and as such the conviction is totally illegal. 4. Evidence adduced by the prosecution in this case consists of the statements of P.Ws.1, 2,3,4,7 and 8 and the unrecorded extra-judicial confession of accused Sattar. Of them P.W.1 is son of the deceased an......ion that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ...... Drug Administration and Licensing Authority requested the local officer to move the Magistrate for sending the case to the Drug Court Dhaka. The learned Magistrate by her order dated 30-9-84 recorded the following order: “মামলা পú......ia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....spect of the case was missed by both the Courts below. The written statements of respondent No.1 show that respondent No.1 was trying to get the benefit of its own fraud. The lower appellate court wrongly shifted the onus of proving genuineness of the transaction upon respondent No.1 to pro......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......he amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....y i.e. respondent No.1 was required to dislodge statutory presumption as under section 5(2) of the Ordinance that the property in question was not an abandoned property and that the same has been wrongly listed as abandoned property. As we have already mentioned there is no material on record to...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371........ 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......ent of fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless for special reasons to be recorded in writing if considers it necessary to do so." 6. It appears th......Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das ......Hindus took shelter in the house of the defendant. Plaintiffs proposed exchange of their properties in Calcutta, India with those of Abdul Malek and accordingly delivered their title deeds and khatians to Abdul Malek and asked him to prepare a power of attorney in his favour. Abdul Malek got..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......p; It was asserted that Uli Fakir was the owner of this property 8. No evidence was led by the plaint as to how he acquired this property, 1 only contention of the plaintiff was that it was recorded in his name and his brother Bocha but to claim it as self-acquired property in a partition......ent July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the parti......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......pport. We also note that the extra-judicial confession was alleged to have been made by the accused on 09.10,1998, but the accused was not produced before any Magistrate to have his confession recorded. Moreover P.Ws. 4 and 6 did not State in what terms the accused confessed, i.e. the precis......cord arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......02/34 of the Penal Code. 3. After investigation police submitted charge-sheet against the both the accused persons under sections 302/34 of the Penal Code and confessional statement was also recorded by the Magistrate under Section 164 of the Code of Criminal Procedure. The learned Sessio......he same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..Category: Criminal Law | Date: | Hits: 51
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......ed from the jute field of one Nowab Mia of the village Alipur having multiple penetrating injuries on his person. Ultimately dead body was sent to morgue for post-mortem examination and a case was recorded under Sections 302/34 of 'the Penal Code at Akhaura Police Station bearing No.8 (10)2001 w...... no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..Category: Criminal Law | Date: | Hits: 41
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......rther challenged vires of Rules 19w of the said Rules being ultra vires of the Emergency Power Ordinance, 2007 and the Constitution of Bangladesh. 3. During investigation the investigating officer recorded the statement of witnesses under Section 161 of the Code of Criminal Procedure, collected......te for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323....... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323...Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ...... and a brother's son Kala Sheikh, Shandha Mia died leaving behind only daughter named Samina and a brother named Manulla Kala was an idiotic type of man, Samina's husband was a clever man who recorded the C.S. Khatian in the name of Shandha Mia to the extent of 2(two) annas share and in the......ngly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......he same can not remain with the landlord; that the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Reve..Category: Property Law | Date: | Hits: 28
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ...... Reported in: VI ADC (2009) 307. ......the survey record and she died leaving mother, husband and a son who is the plaintiff. The plaintiff came to know in the first week of the September, 1984 that his mother's name was not in the khatian of the schedule property and hence he tiled the suit for declaration of title. 3. Th..Category: Property Law | Date: | Hits: 32
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