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Ass. CustoÂdian, Enemy ProÂperty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....he same with respondent No. 1 in 1353 B.S. by granting Pattannamas and realising rent by granting dakhilas. Further case of the plaintiff respondent was that the revisional record-of-right was wrongly prepared in the name of the said four sons of Anath Bandhu Guha overlooking the posse......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. ......36 DLR (AD) (1984) 79. ......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
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......charged, in other words, if "Final-report" has been submitted, the MagisÂtrate may, on rejecting the recommendation, adopt either of the two courses. If he finds from the statements of the witnesses recorded by the police that there are materials which warrant prosecution of the accused, the MagisÂ......e High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......larly in the Deposit of rent with the Rent Controller—the word monthly "bhara" was used. The land-lords have been paying Municipal taxes, government taxes and their names have been recorded in all official documents. The tenant never paid such dues not ever made any attempt to mu....... This Case is also Reported in: 36 DLR (AD) (1984) 48. ......rds have been paying Municipal taxes, government taxes and their names have been recorded in all official documents. The tenant never paid such dues not ever made any attempt to mutate his name in khatian Municipal Register. Section 2(5) of the Non-Agricultural Tenancy Act provides that "No..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court DiviÂsion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......ore any inferior Criminal Court situate within the local limits of its jurisdiction for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court. 10. Unde......the High Court DiviÂsion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court DiviÂsion 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 Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. 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: 36 DLR (AD) (1984) 5. ......execution proceeding may be re-opened after recording that the decree was satisfied". In that case, on an application by the decree-bolder himself that his claim had been satisfied, the Court recorded an order to this effect, but thereafter the decree-holder filed an application stati...... ......any costs. 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: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
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. ......nformation Report. PW 11 Md. Abul Mohsin Khan, son-in-law of PW 1 is a witness to the inquest report. PW 12 Md. Humayun is another seizure list witness. PW 13 Sub‑Inspector Kazi Anwarul Islam recorded the First Information Report. PW 14 Dr. Md. Shamsul Haque, the Resident Medical Officer of......e the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... 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. ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....is bound to consider whether the deposit made in favour of the former landlord was a valid deposit. Then again the learned judge without reference to the evidence and the findings of the courts below wrongly held that the plaintiffs failed to prove the knowledge of' the defendant as to the transfer ......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.......ordance with law. The appeal is allowed without any order as to cost. Ed.......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
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....death of the landlord and so we are not inclined to adjudicate on hypothetical questions. 18. For all the reasons above we hold that the learned SCC Judge and the High Court Division wrongly dismissed the appellants' suit and incorrectly applied the test of bonafide requirement. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ...... Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
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. ...... speaks of natural death of Usha Rani and (he evidence on record that she was already suffering from female disease. Mr. Rahman pointed out that neither the trial Court nor the High Court Division recorded a specific finding with regard to the requisite ‘intention' before convicting the ap......ce under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......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. ..Category: Criminal Law | Date: | Hits: 51
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....as nothing on record to show that notice with regard to the mutation proceeding was served on Lalit Chandra. The plaintiff got the rent receipts on the basis of that mutation. The High Court Division wrongly held that the appellate Court ought to have presumed that the mutation proceeding was duly d......attempted to dispossess the plaintiff. 3. The defendant-appellant's case is that the suit land belonged to Dinomoni Barmani and Lalit Chandra Barman in equal shares and their names were correctly recorded in the CS Khatian No. 125 (Ext. B); that by an exchange Lalit Chandra Barman got Plot No. 8...... below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
.... properties of all the schedules. 5. The lower appellate Court noticed that property No. 2 of 'Ka' schedule which is Ext. 1(a) corresponding to Ext. A is a kabala dated 18th Chaitra 1313 BS (wrongly stated to be 1333 BS) in favour of Mati Miah alone. Property No. 4 of 'Ka' schedule Ext. I......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... Present: NIH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Safia Khatun and others......................Appellants. Vs. Amena Khatun being dead her heirs: Ankurornessa alias Tahurunnessa and others..............Respondents Judg......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....at the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs to take settlement from him. After finding on enquiry that the suit land was wrongly recorded in the name of defendant No. 2 as Magura beel the plaintiffs filed the suit. ......nd after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs ...... The appeal is dismissed. No costs. Ed. ......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 under section 20(3) of the State Acquisition and Tenancy Act as ..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....ld that the fact of calling away of Khairul by Khasru has been satisfactorily established. The learned Additional Attorney‑General is right in his contention that this part of the evidence has been wrongly discarded. So, this is a circumstance against Khasru only. 24. It is in evidence that ...... 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. ......ongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... 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. ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....d 25.6.88 was quashed and the appellant was directed to hand over possession of the case land to the second party-respondent. 7. Leave was granted to consider whether the High Court Division wrongly exercise its jurisdiction under section 561A of the Code when the order dated 25.6.88 passe...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......haka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son Proddyut Kumar Bose (Respondent No. 5). In the CS Record, it was recorded in the name of Akhanda Kumar Bose and in the SA Record in the name of his son Proddyut Kum......order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... statutory required for the possession to be adverse against the Government is yet to expire. 15. In view of the discussion above, the conclusion which we arrive at is that the courts below wrongly held that the defendants failed to prove their case of acquisition and the said finding was......er possession thereof to the Railway by 15.8.1968 whereupon Abul Bashar instituted the suit as aforesaid. 4. The case of the plaintiff is that in the last revisional survey the suit land was recorded in possession of the persons mentioned in RS Khatian Nos. 5, 6, 7 and 9 of mouza Pahartali......l is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ...... 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. ..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. ......er of the deceased, filed a petition of complaint before the Court of Sub divisional Magistrate, Bogra. Subsequently, on the receipt of the post-mortem report the police called the informant PW 1 and recorded the FIR on 16.10.81. 3. The defence case is that Halima Bibi committed suicide by liking......ent for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......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. ..Category: Criminal Law | Date: | Hits: 49
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 ......as the assailants of ShamÂser Ali, from the place of occurrence Shamser Ali was taken to Islampur Thana Dispensary for treatÂment. There Doctor S.A. Wahab (P.W.13) Medical Officer of the Dispensary recorded a statement of Shamser Ali Amin at about 9-00 p.m. In this stateÂment he gave a detailed a......ith 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 ......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 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitÂted from the charges 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: 40 DLR (AD) (1988) 291......id who had ill-reputation was asÂsaulted and left wounded by unknown persons someÂwhere and died in mysterious circumstances and that is why on his death in the hospital an Unnatural Death Case was recorded by the police, but they were falsely implicated out of grudge and enmity. 5. The prosecu...... charges 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: 40 DLR (AD) (1988) 291......s set aside and they are acquitÂted from the charges 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: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ur Rashid C.J. speaking for the majority (M. Shahabuddin and A. R. Cornelius JJ agreeing and A. S.M. Akram J. taking contrary view) in the Federal Court held that the aforesaid case of Bawa Shing was wrongly decided and the correct statement of law is : That the Appellate Court cannot alter the find......f Bawa Shing was wrongly decided and the correct statement of law is : That the Appellate Court cannot alter the finding of conviction appealed from in such way as to set aside a finding of acquittal recorded by the trial court in respect of a more serious offence that sub-section(1)(b) of Section 4......ined. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
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