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Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......-3-58 claiming to have purchased the suit land on the basis of a kabala dated 9-2-57 executed by the said Sailendra Nath Basu. The plaintiff contended that since Sailendra Nath Basu had no saleable interest the said kabala was fraudulent and collusive and defendant No. 2 has acquired no interest t..Category: Property Law | Date: | Hits: 34
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. ...... no. 1 who is merely superintendent of the Madrasah and a paid employee. For the purpose of Madrasah the acquisition was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocational train..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....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. ......o to the police station to lodge the First Information Report but the Daroga appeared on the scene and suo motu to record the ejahar from her and according to the defence, he was brought by the interested persons such as the defeated candidate Fazlur Rahman and Abdul Hye." 11. Initially, ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......de, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the appellants had led to creation of interest in favour of the lease and this gives him the right of being impleded. If such a right cast..Category: Property Law | Date: | Hits: 42
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......ithout declaring result of the election void, is illegal……(8) Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be i..Category: Election Law | Date: | Hits: 140
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......inherent power of the High Court Division. This is not appellate power or revisional power nor it is additional or an alternative jurisdiction. It is well settled this power has been preserved in the interest of justice to redress the grievance in which no other procedure is available or is provided..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ......za Salimabad. Since its shifting there Salimabad hat is being held on Tuesday and Fridays, The shifting occurred during S A. operation (from the year 1957 to 1963). After emergence of Bangladesh some interested persons started a hat at Tebaria which also began to sit on Tuesdays and Fridays. 5. I..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......e contemner U.N.O. to avail of civil court vacation of one month. The contemned U. N. O. contends that this was no interference with the leave or annual vacation of the Munsif-Magistrate. It is interesting that the contemner U.N.O. has described the Munsif-Magistrate in the Memo not as a Mun..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......rt Division, wrongly placed the onus of proof upon the defendant. In that view of the matter, the concurrent findings of facts are no findings in the eye of law and should be interfered within the interest of justice in exercise of revisional power under section 115 of the Code of Civil Procedu..Category: Family Law | Date: | Hits: 239
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......ondent was done without jurisdiction and was, therefore, void, invalid and inoperative. The sale did neither confer any right upon the defendant-respondent nor did it affect the plaintiff-appellants' interest in Schedule 2 lands. In brief, appellant's case is that the suit, jute comprised 28, 35 ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....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 ......is entitled to such custody. Nevertheless, court's power to determine the entitlement of a party to the Hijanat is not limited to mere observance of age rule so as to exclude the consideration of the interest of the child which would, however, depend on the facts and circumstances of a given case. ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....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......of purchase from one Mohammadullah. He contended that the original owner, Gagan Ali, did not sell the premises to the appellant under any kabala, like Ext.1. but Gagan Ali made oral transfer of his interests including possession of the suit-land to Mohammadullah and that it is Mohammadullah wh..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....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 ...... the suit. Their case was that the suit land is s part of C.S. Plot No, 3271 of mouza Hogla which consists of 21.61 acre of land out of which the plaintiff claimed only one acre. The ren-treceiving interest of the Zaminders were acquired under Chapter II and the entire C.S. Plot was acquired by ..Category: Property Law | Date: | Hits: 37
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ...... the subject matter of the Miscellaneous Case and the Title Suit may have arisen on the same loan but they are different since the suit is for having a full and true account of the money advanced and interest received and further for a declaration that the compromise decree passed in the Miscellaneo..Category: Banking Law | Date: | Hits: 121
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....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. ......greement to be vitiated, we clarified that in the absence of Managing Partner M/S. Hajee Mohammad Ali & Sons to whom our entrusted son was available at the site made responsible to look after our interest and the properties and as a result of which the licence agreement executed by him with us a..Category: Business or Commercial Law | Date: | Hits: 118
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......creed the suit by holding that the kabla in question shows that the plaintiff purchased all the lands that are mentioned in the kabala. So it is concluded that the plaintiff have got right, title and interest in the suit land. On point of limitation the Trial Court concluded as under: ''So I ca..Category: Property Law | Date: | Hits: 63
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......rt took the view that additional evidence may be allowed not only to enable the court "to pronounce judgment but also for any other substantial cause," which may include when court considers in the interest of justice "that something remaining obscure should be filled up"(Venkataramiah vs. Seetham..Category: Property Law | Date: | Hits: 52
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ...... by another deed of sale executed on the same date. Modhusudan Saha sold his right to receive the aforesaid rent to the plaintiff for a sum of Rs. 40/- only and thus the plaintiff acquired 16 annas interest in the suit property. According to the further case of the plaintiff the defendant No. 1 ..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......81 and 182 of 1967. 2. In April, 1964 the Income-tax Officer assessed the respondent for the assessment years 1960-61 and issued a notice on it demanding a sum of Rs. 2,64,926/-, including penal interest under section 18A of the Act amounting to Rs. 40,666/-. The amount was made payable by the ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......n the appellant who attributed for in the execution of Annexure 'B'. In concise dictionary fraud has been explained as an act or instance of deception, an artifice by which the right or interest of another is injured, a dishonest trick or stratagem'. Forgery means 'the..Category: Business or Commercial Law | Date: | Hits: 113