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Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....rcumstances be taken as evidence of knowledge of adverse possession. Long line of decisions show that is not the case. Plaintiffs evidence that they got share of their crop from Alfazuddin and prior to that from Jobeda cannot be disbelieved when viewed in the light of relationship. Mere non......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. 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: 39 DLR (AD) 1. ......r Chowdhury, J. 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: 39 DLR (AD) 1. ......it by sale deed dated 8th and 10th February 1965. As Vice-Chairman of Manupur Union Parishad, he had some political influence and by using it managed to obtain a letter of recommendation from the Ministry of Education for requisitioning the suit and without making any enquiry whatsoever and ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
...., of course, stated that Meghu and Juma had erected a hut about a month and a half before the occurrence. Right over the same disputed land was also claimed by Kanu, Misri and Nanu. 18. A few days prior to the occurrence Idris was beaten up by some of the appellants, namely, Misri, Juma and Meg......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. ......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
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....s no Director's report, there was no compliance with the provisions of section 131(1). The learned Counsel submitted that no Director's report or copy of the balance-sheet was sent to the respondents prior to holding the Annual General Meeting and the placing of the balance-sheet in the meeting held...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ....... Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Republic of Bangladesh, represented by the Military Estate Officer, Dhaka Cantonment, Ministry of Defense & others………………………Respondent Judgment Augusr 3, 1986..Category: Tenancy Law | Date: | Hits: 108
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. ...... framed during trial…………………..(19) Cases Referred to- Bhagwan Singh vs. Ujagar Singh, AIR 1928 PC 20; Chunder Dhutt Misser Vs. Bhagwat Narain Thakur (1898-99) 3 CWN 207; Secretary, Ministry of Industries Vs. Saleh Ahmed(1981) BLD 91 AD; Planters (Bangladesh) Ltd. Vs. Mohaluxmi B..Category: Criminal Law | Date: | Hits: 88
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ic auction, that Ext. D (1),R.S. map of Mouza Tebaria which showed the existence of Tebaria hat during 1958-63 could not be relied upon in support of the contention of defendant No. 7 that it existed prior to 1971 A.D., the reason being there was some interpolation in it in red ink which was admitte......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. ......e same as per provisions of P O. No. 73 of 1972. (Bangladesh Govt. Hats and Bazars Management Order, 1972)." 7. Defendant No.7, Golam Hossain Khan, filed an application to true Joint Secretary, Ministry of Land Administration and Land Reforms Division, for closing down the Salimabad hat. On 8...Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....as "District Judge” therein means court of District Judge. We now propose for refer to a few decisions of our Courts, 32. In Azizul Huq Vs. Sm. Hanif Ltd. (1955) 7 DLR 287, the learned Judges prior to concluding that the District Judge in section 29 of the East Bengal Premises Rent Control ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
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......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......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..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
.... of my womb, cherished in my bosom and suckled at my breast, and his father is desirous of taking him away from me into his own care": to which she Prophet replied, "thou has a right in the child prior to that of thy husband, so long as thou doest not marry with a stranger:" (Chapter XIV on ......d be appointed as his guardian. For the reasons staged 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) 106 ......d be appointed as his guardian. For the reasons staged 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) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... saw Kala Mia possessing it as a tenant of the appellant, P.W. 4, Hashmatullah, says that he possessed the premises as a tenant of the appellant before the structure was destroyed by fire, that is, prior to Kala Mia's tenancy. On consideration of evidence the lower Appellate Court held that the Ag......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......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)
....dered "unless the same silted up around 1927 it cannot become fit for jute cultivation in the year 1940." Further it was noticed that "none else has claimed to have possessed the suit land in 1940 or prior to that." The suit land consists of 1.61 acres of land, out of this, the plaintiff claimed onl......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 ......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
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....t: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agree......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....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.......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.......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
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....reign Government retained functionaries of the Government and the officers thus retained for discharging their official duties can only function for this Government, and are not liable for actions prior to Independence. This sovereign State can accept or reject actions of the officers of th......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... (Note Examiners. 7. The respondents, who were originally appointed as Coin/Note Examiners, were subsequently Grade-II and were promoted as clerks Grade-I in due course, and all these took place prior to 16-12-71, on which date their seniorities as clerks counted from the date of their appoin......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......of Officers Class II. On 11-9-72 Bangladesh Bank issued Stuff Circular No. 4 which was issued in clarification of Stuff Circular No. 3 dated 9th September, 1972 and contained recommendations of the Ministry of Finance on the question of maintenance of the joint seniority list at clerical level to ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......mmenced proceedings upon contentions among others that the town clerk's right to possession ceased when the premises were no longer used for the purpose for which possession was taken, and that the Ministry while relying on the town clerk's possession had not itself requisitioned the premises fo..Category: Property Law | Date: | Hits: 48
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....f the Emergency on 16-2-69, that Ordinance No. 1 of 1969 and the Schedule thereof simply authorized the collection of debt of enemy firms and administration of properties which had already vested prior to the cessation of the effect of the Defence of Pakistan Ordinance and the Rules and that no ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......pellate Division (Criminal) Present: AM Sayem CJ AB Mahmud Husain J Muhammad Abdullah Jabir J Government of Bangladesh represented by Secretary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………&helli..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....Bench of the Calcutta High Court in the case of Nimoo Pal Mazumder Vs. The State, reported in A.I.R. 1955, Calcutta 559, where though a statement alleged to have been made by the deceased two days prior to his death was found to be inadmissible, it was sought to be utilised to furnish a backgrou......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
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