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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. ......sion upholding the concurrent decision of the Courts below decreeing the suit being OS No. 85 of 1975 of the 5th Court of Assistant Judge Sadar Chittagong. 2 One Abul Bashar, predecessor-in-interest of the respondents, instituted other suit No. 99 of 1968 in the Second Court of Assistant ..Category: Civil Law | Date: | Hits: 99
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......riminal justice time has come and experience also demand that the High Court Division will have to be a little more scrutinizing even in a case of acquittal because in the ultimate analysis it is the interest of public justice and or prevention of miscarriage of justice which prompt the Court of re..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......h each other, the two cases are certainly not in respect of the same incident and could not be said to be a case and counter-case regarding the same incident or same occurrence necessitating in the interest of justice to be tried simultaneously by the same court. It was also observed that the ap..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......ntend that Surendra Nath Tarafdar being the C.S. recorded owner of the suit land and he having made a gift of the same to his grand-son Chitta Ranjan by a registered deed dated 4.8.1980 and 13 anna interest having been recorded in his name in the R.S. Record, the plaintiffs' vendor Dinendra Nath G..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......tember 1985. Further, it spent a sum of Tk. 1,00,000/-for preservation and maintenance of the fishery. Having come to know the Government contemplation to cancel its lease at the instance of some interested persons it filed a representation to the Government and a demand notice for justice urg..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......956 to pre-emptor-respondent No. 1 and his brother whose names along with others were recorded correctly in the S.A. Khatian No. 23, formerly C.S. Khatian No.19. Bhagaban Chandra sold his remaining interest, that is '25 acre, to respondent No.1 and his brother on 23rd August 1969 and thus the resp..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ....... The respondent’s allegation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent can no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defe..Category: Property Law | Date: | Hits: 35
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......n of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek who sold it to Jahanara Begum, predecessor-in-interest of defendant-respondent Nos. 3-13 and respondent Nos. 14-15 in equal shares. Jahanara Begum..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......ships between the parties have been taking conflicting stands, an order for further enquiry will not be justified. Having taken into consideration all aspects of the matter, we think that, in the interest of justice, further enquiry should be made into the complaint which we find to have been im..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......C. Section 476 is quoted below: "476. (1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in section 195, su..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......preme Court functioning in the country at the apex of its judicial system. Hamoodur Rahman, CJ. considered that the Supreme Court has every right to examine the evidence in a criminal appeal in the interest of justice. In what circumstances it will do so is a matter "on which it is neither possibl..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......e the Annexure-‘D’ should not be declared to have been granted or given without any lawful authority and of no legal effect and why the petitioner-Samity's still subsisting lease-hold right and interest in the impugned fisheries should not be declared as legal and lawful, or such other or fu..Category: Property Law | Date: | Hits: 45
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......n No. 1524 dated 21st December 1957 and that the forest department is in possession of the suit land. Further, the documents of plaintiff-respondents are fraudulent, they having no right, title and interest in the suit land. 3. Trial Court decreed the suit. Against the judgment Government pre..Category: Property Law | Date: | Hits: 63
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......3(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case...Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......s unable to discharge or persistently fails in discharging its duties, or (b) is unable to administer its affairs or meet its financial obligations, or (c) generally acts in manner contrary to public interest." Then the Government can supersede the Paurashava whereupon the Chairman and Commissioner ..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......intiffs. According to them Suruj Khan and Amanat Khan held the suit land in pattani Taluki right under the Moharaja of Muktagacha. Subsequently Abdul Hakim, son of Suruj Khan, purchased the zamindari interest in the suit land and other lands from the Moharaja. He also acquired subordinate Taluki i..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......ura. The land originally belonged to one Lakshmi Charan Bartia who died leaving behind a widow Kumari Barua and two daughters namely Tripura and Promilla. On Lakshmi's death his widow Kumari got life interest. Kumari died leaving daughters Tripura and Pramila who also got life interest in the proper..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Respondent’s property is not abandoned property because he has neither acquired any citizenship of Pakistan nor has ceased to manage his property and his temporary absence is not prejudicial to the interest of the Country. The Government has not made out any such case either. Therefore, there is n..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......zal J. - Defendant Nos. 2-7 in a suit for partition are appellants in this appeal by special leave. The question raised is whether the High Court Division ought to have made an order of remand in the interest of justice as prayed for by the appellants. 2. Md. Hamed Ali, predecessor-in interest of..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. 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: 40 DLR (AD) (1988) 89 ...... he has renounced his right. In that case there was an instalment decree and the judgment-debtor defaulted in making payment of the instalment. He, however, deposited the instalment subsequently with interest which was accepted by the decree-holder. The question was whether it was a waiver and the D..Category: Tenancy Law | Date: | Hits: 109
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