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Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
.... High Court Division was in error about the admissibility of Exts. 4 and 6, the previous judgments relating to the land in suit and misconstrued the provision of Section 41 of the Evidence Act and wrongly placed reliance in the decision reported in 41 DLR (AD) 1997 though the said decision relat......n the plaintiff and that the S. A. record in the name of defendant No.9 and R. S. record in the name of defendant No. 8 are incorrect. 2. Plaintiff averred that land in suit belonged to C.S. recorded tenant Monohar Ghosh and on the death of Monahar Ghosh his interest devolved upon his daug......here is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......efendant No.1 filed Title Suit No. 626 of 1975 in the Court of Munsif, by Bahar Ali upon obtaining settlement in Chuadanga, seeking declaration of Titles and for a further declaration that the S.A khatian as regard the land of the said suit (which is the subject matter of the Title Suit No. 30 o..Category: Property Law | Date: | Hits: 48
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......red no interest on the basis of her purchase by the registered kabala dated 9.5.1927. He has argued that the kabala was never acted upon and no consideration passed and the suit land was correctly recorded in the R.S. record in the name of the defendants and also the same land was recorded in th...... judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 113
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
.... put on trial to answer charge brought under the said section of the Penal Code and after conclusion of the trial was found guilty of the offence so charged. 34. We find that the appellant was wrongly found guilty of the offence for which he was tried and convicted- 35. Accordingly, the ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ision. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....ts case that the food supplied by the canteen was not good. The trial Court arbitrarily shifted the onus on the defendant for proving its defence plea that the food of the canteen was not bad and wrongly observed that the defendant failed to produce any consumer witness, when the case's onus pro......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......ppeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..Category: Property Law | Date: | Hits: 64
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......reed to hand over its assets to WAPDA at aforesaid value." 6. The Tribunal considered that the property of the assessee company "was not acquired under the law of Acquisition". Then the Tribunal recorded the following observation: "Sale in section 10(2) (vii) has not been in the specific mea...... This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....nt for claiming pre-emption cither as a co-sharer tenant or as a tenant holding land contiguous to the land transferred. In this view of the matter, the opinion is that the High Court Division had wrongly refused the amendment. In the result, therefore, these appeals are allowed. The judgmen......harers of the holding and contiguous tenants. This petition had been marked as Miscellaneous Case No. 112 of 1981 in the Court of the Subordinate Judge at Chandpur. 4. This was a raiyati holding recorded in C.S. Khatian No. 197 of Mouza Bhotal, P.S. Faridganj. It belonged originally to Abhoy Ch...... aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......981 claiming pre-emption as a co-sharer of the holding. In the meantime he has, however, filed a Mutation Case No. 63 of 1977-78 for separation of his interest in the holding by creating a separate khatian, which however is still pending. 5. Respondent contested the pre-emption proceeding by ..Category: Procedural Law | Date: | Hits: 84
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....ision acted properly in declining jurisdiction to interfere on the ground of alternative remedy. 9. Mr. H.R. Sharif, learned counsel for the appellant, submitted that the High Court Division wrongly declined to exercise jurisdiction in that it failed to notice that the appellant had no reme......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......ase is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ...... 1984 (AD) 532. In another case of Abu Ahmed A. Hafiz & ors Vs. M.A. Hoque Shirajee 1983 BLD (AD) 193 such order has been termed as illegal, unfair, unjust and improper and strong disapproval was recorded for disposal of revisional application in this manner. In the present case it has been noti...... of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......t in plot No .16 and .0800 ajut in plot No .19—in all .4264 ajut land in the three plots. The defendants remained satisfied with the said area and when S.A. operation began, the land been correctly recorded in the name of defendants 1-3 in S. A. Khatian No .174, Plot No. 1162 and the same record......It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... the Report, he said, is missing. The missing might be purposely done, for if Siraj had fallen into the muddy water of the Bhanga, some marks of muddy water would have been found on the dead body and recorded in the Inquest Report. The accused had a right to use the Inquest Report to sec whether it ......ismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......that there is no evidence anywhere that any such order of sanction was received at the Court or proved by the evidence. The letter of sanction shows that it was "seen" by the Special Judge and it was recorded in the Order-sheet that the "Charge-sheet received", without, however, mentioning that the ......ed and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......sed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08....... committed rioting with fala, knife, etc. and injured one Hurmatullah causing several injuries on his person who ultimately died in Shibganj Rural Health Centre on 7.10.86. The Upazila Magistrate recorded his dying declaration on 9.9.86. 3. The appellants' prayer for bail having been refused ......of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......missed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......espondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sha..Category: Property Law | Date: | Hits: 36
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......sequently treated to be an application for pre-emption under section 24 of the East Bengal Non-Agricultural Tenancy Act. 2. The appellant alleged that he is a co-sharer by purchase in the holding recorded in C.S. khatian No.39 which corresponds to S.A. khatian No.34 of mouza Debnagar, P.S. Daula......nd those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... to be an application for pre-emption under section 24 of the East Bengal Non-Agricultural Tenancy Act. 2. The appellant alleged that he is a co-sharer by purchase in the holding recorded in C.S. khatian No.39 which corresponds to S.A. khatian No.34 of mouza Debnagar, P.S. Daulatpur and responde..Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......es Ltd. Vs. Hanuman, AIR 1968 (SC) 33. 9. On the second question also the learned Counsel has pointed out that the Supreme Court of India in the aforesaid case interfered with a finding of fact recorded by the Labour Court, on the view that such finding having lacked in proper corroboration wa...... the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......e sight of the accused persons by P.Ws. 2, and 4 at the scene of the occurrence is also not a new story. It is clear from the deposition of the P.Ws. in the Committing Court that the depositions were recorded short cut. No elaborate statements of the P.Ws. are generally recorded either by the commit......Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......es of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......er sections 439 and 561A of the Code of Criminal Procedure was filed before the High Court only a written report was made to the police and on the basis of that report, a first information report was recorded by the Officer-in-Charge of the police station and investigation bad started. No proceedi...... accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....issued in his favour, in the absence of any specific limitation mentioned therein. The learned Counsel further submits that in the absence of any specific restriction put in the permit itself, it was wrongly held by the Collector of Customs that the respondent misused the permit by importing G.P. sh......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ...... the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
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