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Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....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. ......on who maintains it. More revealing evidence was given by D.W. 2 when he said that "after the death of Surendra Saha the suit-land became enemy property. We prayed for lease of the suit house and our prayer was allowed. “In cross-examination he stated I heard from my mother that my father did no..Category: Procedural Law | Date: | Hits: 115
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. ......or a declaration that order of mutation dated 10.5.1975 was null and void and not binding upon them. 3. When the suit was thus pending it is alleged that the plaintiff intended for making a prayer for temporary injunction against the defendants restraining them from cutting away the paddy..Category: Property Law | Date: | Hits: 32
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....ber 1986. On the dated thus fixed a petition was filed by the company for dismissing the application for winding-up on the ground of bona fide dispute as to the alleged debt of the company, in the alternative, for staying all further proceedings of the matter including advertisement till disposa......isposal of a civil suit filed by the company against the respondent- petitioner in respect of the same claim of debt. The learned Company Judge by an order dated 3 September 1986 rejected both the prayers whereupon the company obtained leave from us and thereby preferred these two appeals challe..Category: Business or Commercial Law | Date: | Hits: 76
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. ......ey thought that they would be deprived of their management after her marriage with the deceased. P.W. 5 Ashakjan and P.W. 6 Mosaddar Ali saw the deceased in the company of the accused before Magreb prayer. P.W. 7 Nafal Uddin, P.W. 10 Torab Ali and P.W. 14 Kashem stated that the deceased was in the..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....he case of K.M. Multani v. Paramount Talkies, AJR 1942 Bom. 119 as already referred to above. The learned Judge there observed that "in a suit for injunction the court can grant relief in the alternative by way of damages even if the plaintiff has not alleged loss or damage." This may ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......if the land had been sold under Ext.1 the plaintiff's title was extinguished by the defendants' adverse possession of over 12 years; that in these circumstances the suit for mere injunction without a prayer for establishment of title is not maintainable. 4. Both the trial Court and the lower A..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......ereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of District Judge, Dhaka against the appellants and respondent Nos. 2-5 stating that on the prayer of Tapashee Snipping Lines Ltd. (respondent No. 2), respondent No.1 sanctioned the loan of T..Category: Business or Commercial Law | Date: | Hits: 100
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. ......and that there was no hut there ; that the complainant filed Title Suit No 204 of 1980 in the Court of Munsif, Noakhali and prayed for temporary injunction against the accused, but his prayer was rejected alter hearing the defendants; and that for establishing this claim to the suit ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......abiruddin and requested her to sell the suit land to Sufia Khanam whereupon an agreement was reached for sale of the land for a consideration of Tk. 2000/-, that on the following evening, at Magreb prayer time, she was taken to the house of Dabiruddin where she was paid Tk. 200/- as earnest money..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......he co-sharer and the plaintiffs are thus in constructive possession of the suit land. The ejmali character of the suit land has been causing inconvenience, hence the suit for partition with a prayer for declaration of the plaintiffs' title. 4. Defendants 1 to 7 contested the suit by ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....e Civil Court had any jurisdiction to entertain the suit. Mr. S.R Pal, Counsel for the appellants, submitted that the plaintiffs suit being for declaration of title and confirmation of possession alternatively for khas possession and for a decree for declaring the order of requisition and all pr......the 3rd court of Subordinate Judge, Chittagong impleading respondent No.1 as defendant No.1 along with other defendants for a decree for establishment of title and confirmation of possession with a prayer for permanent injunction and alternately for khas possession on setting aside an order of r..Category: Property Law | Date: | Hits: 48
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 ......laint alleging that though it transpired at the time of filing the suit that he was a leasee, in fact, defendant No. 1 being not a leasee of the suit land he was an unnecessary party. Plaintiff's prayer was rejected by the learned Subordinate Judge against which plaintiff preferred Civil Revisio..Category: Property Law | Date: | Hits: 42
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 ...... 1983, 3. The learned Sessions Judge fixed 20-9-83 for examining the witnesses and 21-9-83 and 22-9-83 for rest of the witnesses. Three witnesses were produced by the prosecution but owing to the prayer for adjournment the Court adjourned the hearing fixing 22-12-83 for trial. On 22.12.83 the pr..Category: Criminal Law | Date: | Hits: 38
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. ......their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting becomes indispensably necessary to determine the dispute. Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on th..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......eal, this has been affirmed. Since election is a process of building up of the democratic structure of the society in accordance with opinion of the public, we have no hesitation in saying that the prayer (a) has rightly been granted by the Election Tribunal and the decision of the Election Trib..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....his claim was resisted by the transferees including the appellant, mainly on the ground that the Pre-emptor was not co-sharers in the holding. The appellant one of the transferees 'however’ made an alternative prayer to the effect that 6e was also a co-sharer in the holding by purchase and fn ease......tee, in whose favour rateable pre-emption is otherwise allowed, from making the deposit but to adjust the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was pray..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....f power under section 561A as well. The section is legislative recognition of the 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 justic......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
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......al was fixed on 14.8,78. Before that date, however, the accused by a petition prayed for shifting of the date of trial. On 14 8.78 upon hearing both sides, the Additional Sessions Judge allowed the prayer of the accused and ordered further: "The case is withdrawn from trial list. To 2.10.78 for ap..Category: Criminal Law | Date: | Hits: 45
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. ...... section 115 postulates it must be an error of law. 84. The learned Single Judge has based his conclusion that the decree declaring the order dated 8.3.77 passed by the Joint Secretary in terms of prayer Clause (e) is illegal and 'erroneous on the fact of the record'. The learned Single Judge cam..Category: Property Law | Date: | Hits: 202
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. ...... which is the letters between the father and the son concerning family affairs. Khorshed Alam contested an election and evidence was led to show that his father Amir Ali asked Mussalli after Jumma prayer to support candidature of his son. Apart from the oral evidence that was adduced by the defe..Category: Family Law | Date: | Hits: 239
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