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The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ...... Section 201 The two alleged eye witnesses having not disclosed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and not being incriminating i......y evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
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 ......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 ......f the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......below. Plaintiff in all claimed 11.41 decimals of land in the different schedules of the plaint. The bone of contention between the plaintiff and the present appellants mainly relates to the lands of khatian No. 128. Whereas the plaintiff’s case is that Sonaullah Sk. was the owner of the said land..Category: Property Law | Date: | Hits: 34
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....ellant having found that the terms in which leave was granted would be of no avail to the appellant submitted at the very outset that in this ground No.1 of the leave petition the year "1359" B.S was wrongly typed as 1360 B.S. We find no substance in this submission as in the plaint it was clearly s......ocate for the appellant submitted that in view of the fact that Ext. D, the record of rights, was corrected on the plaintiff's own petition by directing that the disputed plots 1310,1320, and 1342 be recorded in his name, and at column No. 23 the names of the defendants be recorded as in forcible po......smissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......ecisely referred to this circumstances by noticing that simple permission or order of the Ministry does not affect a proceeding "in any way unless acted upon", in view of the fact that the whole case recorded was not before the Joint Secretary who himself noticed that the record was incomplete. 1......ssed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ence with daggers in their hands; evidence of P.Ws. 1 and 4 who heard from the injured person the names of his assailants, namely, these accused persons; and a dying declaration of the injured person recorded by P.W. 9, medical officer of the Mills, soon after the incident. The evidence of P.W.8 who......0 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......". (Election Tribunal) 10. The District Judge in appeal found: "Thus from the statements in the petition before the Tribunal and the statements of the P. Ws. recorded by the Tribunal it appears that the respondent petitioner has been able to prove that t......cordingly, dismissed without any order as to cost. Ed. ......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......e trial court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally belonged to Radha Prasanna Biswas ...... set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......a (Mr. Justice Nurul Hoque Bhuiyan) on 21st January 1985. 2. One Torabuddin was owner of the CS. plot No. 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by t......er, be no order as to costs. Ed. ......Nurul Hoque Bhuiyan) on 21st January 1985. 2. One Torabuddin was owner of the CS. plot No. 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered d..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....of defendant Nos. 4 and 5 that they and their predecessors had been in the premises for thirty years as tenants of Surendra, the original owner. 36. Lastly, it is contended that the court's below wrongly placed the onus on the plaintiff although the Assistant Custodian was to prove his asserti......H Rahman 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: 39 DLR (AD)(1987) 223. ......as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman 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: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......hare of the suit plot, measuring '78 acre, belonged to Mani Mohan Sil and Radhika Mohan Sil and the northern half share, measuring '39 ac e, belonged to Radha Charan Sil and Purna Chandra Sil were recorded in respect of their share. As Radha Charan Sil and Purna Chandra Sil left for India t......to cost. The application for substitution is rejected. Ed. ...... 5. The appellate Court, however, reversed the decision of the trial Court and dismissed the suit on the following findings: that the plaintiff, examining himself as P. W. 1, could not give the khatian or plot number, or the area of the suit land, nor he could give the year of his purchase; ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......dants does not stand scrutiny that they had made any payment and the worse situation comes when Rule 7 in the mandatory term prohibits compromise without leave of the Court which must be expressly recorded in the proceeding and in the absence of such compromise shall be voidable against all the ......age where it was left. There will be no order as to costs. Ed. ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......meantime, the injured Elias was brought home, but expired within a few minutes whereupon the informant, Ayub Ali, went to the police station and lodged first information report which was recorded at about 10-30 P. M. that very night, that is, within two hours of the time of the inciden...... death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... the execution case instituted by the appellant be stayed 'so long as the suit property remains vested property'. The learned Judges of the High Court Division, however, affirmed the findings recorded by the Subordinate Judge. 7. Leave to appeal was granted by this Court on ......t. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......together by the interested persons to shield the offender. In such cases, strong evidence is necessary to arrive at a finding of murder. To remain on the safe side, conviction in such cases is not recorded-for murder but is recorded under lesser sections, but in no case nonavailability of the de....... The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......e submitted charge sheet against accused Lalu and Kabir. P.W. 21 stated that he was present when Nikhil Ranjan Day (P.W. 18) gave injection to a person whose right hand had injury marks. P.W. 23 recorded the confessional statement of accused Kabiruddin on 19.5.76. P.W. 24 recorded the F.I.R. an......d to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....nment having already entered appearance to contest the writ petition, the addition of the aforesaid respondents was neither necessary nor proper. The discretion it is submitted has been wrongly exercised, not in keeping with the well-settled principles as to addition of partie...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......bsp; M.H. Rahman J.- Pre-emptors are the petitioners. Admitted case of the parties is that a non-agricultural holding comprising of eight plots recorded in seven khatians belonged to Chuni Lal Chowdhury and Dhirendra Lal Chowdhury in -/2/- an......also Reported in: 1987 BLD (AD) 122. ......sp; M.H. Rahman J.- Pre-emptors are the petitioners. Admitted case of the parties is that a non-agricultural holding comprising of eight plots recorded in seven khatians belonged to Chuni Lal Chowdhury and Dhirendra Lal Chowdhury in -/2/- anna shares each and ..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....decreed by the trial Court after finding that the defendants' witnesses failed to prove that Nagar was not the son of Gour Majhi. The learned Additional District Judge held that the learned Munsif wrongly placed the onus on the defendant. After considering that all the witnesses ware seeking to ...... of Gour Majhi, but no paper was produced by him to substantiate his claim that his father Nagar was the son of Gour Majhi. P.W.1 Debendra, the plaintiff, admitted that the entire partible land was recorded in the name of defendant No.1 Jagadish; He did not claim that he raised any objection at a......gly, it is dismissed. No costs. Ed. ......duce only after the filing of the suit. The statement of D.W. 3 indicates that the plaintiff did not claim any share of the produce from defendant No.1 before the institution of the suit. Two khatians, exhibits O and O (1), show that the homestead of the plaintiff was located at Brahmangaon..Category: Property Law | Date: | Hits: 37
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......en by P W.9 Abdul Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in his name and the complainant had no right and possession in t......tted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......l Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in his name and the complainant had no right and possession in that land and tha..Category: Criminal Law | Date: | Hits: 57
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....kabuliyat Exts. B series through different persons in respect of the suit land from 1936 to 1961. The appellate court below commented that by successive transfer by Exts. B series he thought, wrongly though “that he would thereby be in a position to extinguish, the title of Hedayet an......sp; 5. The trial court on consideration of the evidence dismissed the suit and the finding was that no evidence was led that Hedayet had paid any rent for his share of land nor his name was recorded in the landlord's sherista or in the relevant khatian. The trial court came to the conclu......, be no order as to costs. Ed. ......evidence dismissed the suit and the finding was that no evidence was led that Hedayet had paid any rent for his share of land nor his name was recorded in the landlord's sherista or in the relevant khatian. The trial court came to the conclusion that whatever interest Hedayet had in the suit prop..Category: Property Law | Date: | Hits: 50
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