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Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......e no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... filing a joint written statement denyÂing the claim of the plaintiff. Their case was that the suit land was khas land of Maharaja Shashi Kanta Acharyya Chowdhury and ApperÂtained to the landlord's khatian No. 95 of Mymensingh town. Then the Mymensingh Municipality had been entrusted by the Zamind..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 disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......blic purpose or not. The outright rejection of the plaint under Or. 7 rule 11 C.P.C. deprives the court from scrutinizing as to whether the purpose is a pubÂlic purpose. Moreover the trial court had recorded a finding in this case that there had been no enquiry by the authorities as to the necessit......der as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ning defendants from dispossessing them till the disposal of the suit. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of a one-storied buildÂing on the lan..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. 3 of 1982 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Amirul Islam Chowdhury and Mr Justice Md. Altaf Hossain) on 30th May, 1983. 2 Facts as stated in the ejahar which was recorded by Officer-in-Charge, Kuliarchar P.S. are that on the night of 31st Bhadra, 1386 B.S. corre......d 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. ......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. ..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......the Court can pass an order of acquittal. Section 339C provides for time for disposal of cases for different categories of Courts. Sub-section (3) reads as under:- "If for any reason to be recorded in writing a Magistrate or a Sessions Judge, Additional Sessions Judge of Assistant Sessi......eeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....nsel mentioned that since the Company in a Board meeting which was attended by the respondents appointed the auditor of the Company and the CompaÂny's account was audited by it, the Company Judge by wrongly invoking the provisions of section 79(3) of the' Companies Act ordered that the Company's ac...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......s to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......ether it is a mere omission all the part of the TribuÂnal The Tribunal gave serious consideration to the question whether the election of the returned candidate should or should not be set aside and recorded its reason for not setting aside the respondent's election hot for maintaining It, The reas......dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..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 ......ding under section 145 of the Code was moved on 6.11.84. On the same date the learned Magistrate asked for report from the officer-in- charge of the police station. On 17.11.84 the learned Magistrate recorded the following under: "Record is put up today. Seen the report of O/C. I am satisfied......ssions 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 ......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 ..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. ...... the two hats- Salimabad and Tebaria. Counsel also menÂtioned that there was no compensation assessÂment roll in respect of the plots upon which Salimabad hat now sits. Further, those plots are now recorded in the names of private individuals. There is no mention of the exisÂtence of any hat on t......i J Abdul Mannaf Khan and others……..AppelÂlants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983). Golam Hossain Khan…………………….Respondent (In Civil Appeal No. 164 of 1983) Judgment August 2......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. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......y especially on section 10 inasmuch as the entire judgment revision such foundaÂtion of interpretation of section 10 of the Act and section 23 of the Contract Act. As for sub-letting the trial court recorded the finding that the defendant had admitted the breach by sub letting the premises to defen......s to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
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 ......ari, Upazila, Kurigram sat by his side and said that respondent No. 2 should take practical training from him as to how cases are filed, how depositions are taken, under what sections depositions are recorded, etc. These utterances were made in the presence of Advocates, Court Sub-InspÂector and th......e 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 ......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 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... full-fledged appeal, which plainly is apt the intention of the Constitution-makers. When there is jurisdiction to decide a particular matter then there is jurisdiction to decide it rightly or wrongly and the fact that the decision is incorrect does not render the decision without juris......fication. (2) Where the person constituting an Election Tribunal is succeeded by anoÂther, the trial of a petition shall continue before the person so succeeding and any evidence already recorded shall remain upon the record and it shall not be neÂcessary to re-examine the witnesses......as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ledged him as his son. The onus was heavily on the plaintiff to disprove Monowara’s marriage with Amir Ali, which he failed to discharge. The Courts below, including the High Court Division, wrongly placed the onus of proof upon the defendant. In that view of the matter, the concurrent fi......the mind of the relations of Nazlee Begum, wife of defendant No. 1 and this document Ext G was executed as safeguard for the defeÂndant and his wife. This finding is based on conjecture which was recorded overlooking the provision of section 91 and 92 of the Evidence Act. The High Court Daviso....... No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... 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. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....sion of Schedule 2 lands by demarcation and fencing all around since his purchase. Due to non-payment of the due share of rent of the aforesaid co-sharers for the instalment of January 1953 the jute, wrongly described at “Mahal No. 5 Tafur Ali," was sold on 24th January 1953 without issuing and se...... “Mahal No. 5 Tafur Ali," was sold on 24th January 1953 without issuing and serving any notice under lections 5, 6 and 7 of Bangal Laud Revenue Sales Act (Act XI of 1859) upon the plaintiff and the recorded owners of the jute or even in the locality and kutchery of the Malgujar in the manner requi...... order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......t his name mutated in Mutation Case No 136 of 1936-37 and remaining portion of Schedule No.1 lands were purchased by Zakir Hossain and Zahid Hossain who got their names separately mutated in the same khatian. Appellants' land in Schedule No. 2 which, appertained to jute No. 5 Rajab Ali have been in ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.... has been recorded as khas land of the Government. In 1964 he wanted to pay rent to the Hogla Tahsil Kutchery and there for the first time he came to know that in the rent-roll the suit land has been wrongly shown as khas land of the GovernÂment, thereby casting a cloud on his tenaÂncy right. 3......st 40 years. The suit land is contiguous to his homestead. He grew jute to the knows ledge of the original landlord. Since 1940 he acquired tenancy right to the submit land but the suit land has been recorded as khas land of the Government. In 1964 he wanted to pay rent to the Hogla Tahsil Kutchery ...... as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......ert and a Finger-print expert found that Abdul Ghani Akhan (P.W.1), Korban Ali Akhan (P.W. 11) and their brother Nur Mohammad Akhan were the three auction purÂchasers, that this matter was correctly recorded in the Sales Register but subsequently the name of accused Sonaullah Akhan was inÂserted i......cused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......accused removed the doors, windows and some C.I. sheets of the said house, and thereby committed an offence punishable under section 379 of the Penal Code. In this view of the matter, the trial Court recorded the conviction. On appeal it was dismissed by the Appellate Court below. Thereafter the acc...... the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......l. 4. The trial court convicted and sentenced the accused as aforesaid; thereafter two crimiÂnal appeals were filed being Criminal Appeal No. 205 of 1980 and 236 of 1980. The learned Single Judge recorded in the judgment that the learned Advocates "find it difficult to argue the appeals on merit......et aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
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 apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......er-sight has led the appeÂllate court to come to an erroneous conclusion that the defendants "openly and adversely was in physical possession of the suit property somehow or other" and inferentially recorded the finding the adverse possession had perfected into title. In this view of the matter the......owed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....pleading of the parties and also by erroneously presuming that in proving forgery in the instant ease it was incumbent on the appellant to prove when the document was forge and there by placed onus wrongly on the appellant which under the law the appellant is not inquired to discharge. The next ......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. ......the learned Counsel. This appeal is accordingly dismissed with cost. ......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. ..Category: Business or Commercial Law | Date: | Hits: 113
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