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Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....re in the business of Rupchhaya Cinema Hall and has no interest in the suit properties. (e) Appellant never sold his interest to anyone. By creating false documents respondent 1 in collusion with local influential persons is trying to dispossess the appellant and is not furnishing any accounts......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....he face of pressure of the Criminal cases and they were of no effect. 4. The defendants contested the suit by filing a joint written statement and contended that at the intervention of the local headmen and the villagers the parties were advised to settle their dispute and in terms ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....ode committed 37 persons including these respondents to the Court of Session to stand their trial for committing mischief by fire and rioting. The defence taken by the accused persons was that the local people did the mischief when they suspected that some bad elements, such as, thieves and dece......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....edge of the fact that the plaintiff was born of, and was brought up, by Gouri Dasi in the same prostitute area. P.W. 3 has stated that he knows that plaintiff was Gouri Dasi's daughter; he being a local man is also a competent witness to say whether the plaintiff was Gouri Dasi's daughter. As ag......ld only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of application in thes..Category: Property Law | Date: | Hits: 112
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....vi, defendant No. 2, but he did not consider her to be the proper person to look after his property on his death. On 3 November 1963 Haricharan Nath executed the will in presence of members of the locality, both Hindus and Muslims, by putting his left thumb impressions on the document; though he......gh his only son Rajendra who is admittedly an Indian national. Case of the appellant propounder is that Haricharan Nath, aged about 75, was attacked with partial paralysis in the right side of his body about three months before his death and that his only son Rajendra having migrated to India ab..Category: Property Law | Date: | Hits: 118
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......her rigorous imprisonment for three months. 3. Petitioner who is an M.B.B.S. was a Demonstrator in the Dhaka Medical College Hospital in 1970. He held a post mortem examination on the dead body of Nurjahan Begum @ Sultan Begum, wife of Sk. Zahid Hussain of 48, Justice Lal Mohan Das Lane..Category: Criminal Law | Date: | Hits: 58
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....-rights due to the non-consideration of the fact of plaintiff's possession in the case land. The learned Counsel submits that the learned Munsif on consideration of evidence and report of the local investigation by Circle Officer (Dev) found plaintiff in possession and he also found pr......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..Category: Property Law | Date: | Hits: 28
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... below. 9. Under section 435 of the Criminal Procedure Code, the High Court Division may call for and examine the record of any proceeding, before any inferior Criminal Court situate within the local limits of its jurisdiction for the purpose of satisfying itself as to the correctness, legalit...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......#8209;Inspector Kazi Anwarul Islam recorded the First Information Report. PW 14 Dr. Md. Shamsul Haque, the Resident Medical Officer of Pabna Sadar Hospital held post mortem examination on the dead body of deceased Dilara and found the following injuries: "(1) One incised wound..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....t premises belonged to one Abdus Sattar and the plaintiffs purchased the same along with other properties for valuable consideration by four registered kabalas dated 24.11.79 after publication in the local weekly 'Ispat' dated 25.8.79 that the defendant was an ejectable monthly tenant under the plai......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ppellant Jatin beat Usha Rani by the branch of Kapula Tree in the morning and evening. Heaving been beaten she fell down on the ground whereupon Jatin kicked her on the belly and other parts of the body causing haemorrhage. On the following day, i.e. 13.11.83. She was taken to the Sadar ho..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... the Memo was addressed, namely, the Additional Chief Engineer, treated the Memo. in question as an award which, he submits, is evidenced from the note given by the Additional Chief Engineer on the body of the Memo in question as follows : &l..Category: Others | Date: | Hits: 88
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......cused persons nor deceased Dudu. PW 1 also heard from others that deceased Dudu was taken from his shop by the accused persons at about 8‑00 PM. In the morning they came to know that the dead body of deceased Dudu was lying in the deserted bhiti of Adhar Nath in the village and going over t..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... on enquiry that the suit land was wrongly recorded in the name of defendant No. 2 as Magura beel the plaintiffs filed the suit. 3. The Government's case is that the suit land is a fishery, locally known as Magura beel fishery and it was recorded in the khatian of the Deputy Commissioner......they have rightly been interfered with by the High Court Division. Finding it difficult to defend the appellate Court's judgment the learned counsel for the appellants contends that since it is no body's case that the suit land is res nullius and the trial Court after finding that the Government..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......hose cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is found out. More often than not, ocular evidence of murder is not available and..Category: Criminal Law | Date: | Hits: 38
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....e in continuous possession thereof ever since. The defendant-Government acquired the interest of the Bhulua Zamindars in 1951 under the State Acquisition and Tenancy Act. The plaintiffs went to the local Tahsilder in Baishak, 1368 BS for payment of rent, but the Tahsilder refused to accept any r...... of Nim-Hawalas, half farms." (P. 317). 13. The Bengal Patni Taluks Regulation, 1819 (Bengal Regulation VIII of 1819), as extensively amended by Bengal Act XV of 1940, contains the main body of Patni laws in this country. It's 17 sections recognised as valid, heritable and transferabl..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... Musa stating, inter alia, that while her deceased husband visited his land in Jalkuri village the accused opposite parties and others killed him with a sharp cutting weapons and concealed his dead body under water hyacinth in the WAPDA Canal. On the above allegations the accused opposite parties ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......e the various steps of the acquisition proceeding after forty years of the conclusion of the acquisition case. The only material documents which needed to be proved by the Railway (as the requiring body) were proved and proper inferences and presumptions ought to have been drawn on the basis of ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......the informant did not see anyone to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW 11, Dr. Md. Hafizur Rahman found ecch..Category: Criminal Law | Date: | Hits: 49
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