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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. ......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. ..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.......een permitted to use the pathway which runs over northern portion of the suit land which is partly paddy land and partly garden. 9. The learned Munsif on consideration of evidence decreed the suit holding, inter alia, that the defendants contracted to sell the suit land in 1963 and it was a genui..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... 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. ......ffairs of the deity as defacto Shebait and the case land was correctly recorded in the name of the Deity represented by the defacto Shebaits. The learned Munsif allowed the application holding that the appellants have been possessing the land by way of adverse hostile possession for ..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. ......perior interest and can possess the land as a tenant but he has to pay rent for the land in his khas possession for use and occupation of the same. As provided in the Explanation, a person holding occupancy right in a land does not lose it by becoming a joint proprietor in the land. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......preferred Before the Registrar but the same was dismissed. Hence the plaintiffs brought the suit under section 77 of the Registration Act. The learned Munsif dismissed the suit holding that the plaintiff had failed to prove the execution of the document Ext.1 and the passing ..Category: Property Law | Date: | Hits: 25
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ...... bond, along with the filing of the application, was not, complied with. After the expiry of 8 months of this objection the defendant deposited the decretal amount. But the Court rejected the deposit holding that the deposit could have been made at the time of presentation of the application for set..Category: Tenancy Law | Date: | Hits: 159
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. ......e land and take possession. The tenant, of course, has a right of recovery of the land by filing a suit within two years from the date of the notice. The landlords' right to enter upon the holding under section 87(1) does not depend upon Collector's discretion. But if the landlord e..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....... Judgment Badrul Haider Chowdhury J. — In this petition for special leave the question is whether the High Court Division was right in holding that the suit instituted by the plaintiff’s petitioners is barred by law and the learned..Category: Property Law | Date: | Hits: 55
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....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. ...... evidence on record reversed the finding of the Trial court and as such it can not be said to be a proper judgment of reversal. The appellate court's reversal of the finding of the trial Judge and holding that entries at the pasted page 163 were conclusive in disregard of the other evidence..Category: Business or Commercial Law | Date: | Hits: 139
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......spondent Judgment February 11, 1985. Words and phrases Discrepancy in the evidence Discrepancy in the evidence of the eye-witnesses and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but th..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... 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....... judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan Model Town, Dhaka in the list of abandoned property publi..Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......17/- under section 18A of the Act which was also without lawful authority. 7. Appellant preferred an appeal before the Appellate Assistant Commissioner of Taxes who rejected the appeal upon holding inter alia, that ''no officer of the Corporation has any authority to convert profit from ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......cumstantial evidence adduced is not inconsistent with his innocence. Considering the entire evidence and facts and circumstances of the case the Courts below committed no illegality in holding that the aforesaid evidence was sufficient to implicate the appellant Hazer Ali in the murd..Category: Criminal Law | Date: | Hits: 52
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....9(2), 9(3) Interpretation of Statutes Section 9(1) of the State Acquisition and Tenancy Act substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective......h dismissed the appeal. 4. Being aggrieved plaintiff-appellant moved this Court and obtained special leave to appeal on the contentions as to whether the High Court Division was wrong in not holding that section 9 of the State Acquisition and Tenancy Act as amended by the Ordinance N..Category: Others | Date: | Hits: 86
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. ......on without any prayer for consequential relief on payment of ad valorem court fee cannot be entertained. The suit was dismissed by the Additional Court of Subordinate Judge, Noakhali upon holding that the suit was barred under Rule 161 of the Defence of Pakistan Rules and section 8..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. ......ties according to justice, equity and good conscious. 12. In the case of Latchandhora Vs. Chinnavadu, AIR 1963 Andra Pradesh 31 in a partition suit the trial Court decreed the suit holding that the items 3 and 4 as joint family property. On appeal by the defendants, though n..Category: Property Law | Date: | Hits: 38
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......im as witness No. 7 in the charge sheet. 5. After receipt of the charge sheet, the Magistrate transmitted record of the case to the court of the learned Sessions Judge, Chittagong for holding trial. On receipt of the record of the case, the learned Sessions Judge, Chittagong regist..Category: Criminal Law | Date: | Hits: 35
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ...... and the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division dismissed the appeal filed by the petitioners holding that the eye witnesses namely the P.W.4, P.W.5, P.W.7 and P.W.8 in a voice stated that the ..Category: Criminal Law | Date: | Hits: 38
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......f car parking spaces and as soon as the new plan is approved said revised plan of 1998 is no longer valid. 15. The High Court Division by the impugned judgment and order discharged the Rule holding that the impugned notices became infractuous. 16. Being aggrieved by the judgment a..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......i sold out the case land to the pre-emptee No. 1 and 2 on acceptance of proper consideration of money at the mediation of the pre-emptor. The pre-emptor also sold .48 acres of land out of the case holding to the pre-emptees by a kabala dated 05.09.1990. After purchase of the case land by th..Category: Property Law | Date: | Hits: 33
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