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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. ......on 42 as has been pointed out above does not specifically provide for declaration of nullity and cancellation of a written instrument, but section 39 does so. In section 39, two kinds of documents have been referred to, one is 'void' and the other ii 'voidable'. Where a document has be..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. ......tion. 25. Plaintiffs examined 4 witnesses but adduced no documentary evidence except the admitted kabuliyat dated 2 June 1920 (Ext 1).Defendants examined 4 witnesses and produced a number of documents including seven registered Barga-kabuliyat, 18 Rent receipts and some khatians besi..Category: Property Law | Date: | Hits: 50
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. ......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. ..Category: Property Law | Date: | Hits: 34
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......985 passed by respondent No. 1, District Magistrate, Kushtia by which he directed respondent No. 3, Officer-in-Charge of Police Station, Kushtia to enter upon and seize all unauthorized newspapers, documents and press and printing materials is illegal, without lawful authority and of no legal ef..Category: Information Technology Law | Date: | Hits: 226
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 ...... learned Sessions Judge considered that the first party failed to produce their basic document by which they have claimed their title and possession in the disputed property. On the other hand, the documents filed by the opposite parties show that they have purchased the land and had taken lease o..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. ......inition lost sight of one of the most essential elements of a 'hat', which is the sitting days in a week on which a hat assembles. Apart from showing the ancientness of the Salimabad hat from these documents, the Counsel also tried to establish therefrom the sitting of Salimabad hat on Tuesday a..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 ......sif-Magistrate is the crudest form. His defence in the contempt Rules is all the more reprehensible. He has no regret, no remorse. He has chosen to defend his actions with fabricated papers and documents. His conduct can only cause despair and dismay." 14. Though a little unusual, the ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... 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. ...... 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)
....d as the eldest son and his newly wedded wife Nazleen Begum was given a proportionate share in the three storied house namely “Amir Manzil". Then he says that another three storied house on the bank of the tank will devolve upon the second wife Shamsun Nahar and her two sons and four daughter......t discharge the onus and therefore acknowledgement by Amir Ali and his treatment of the defendant appellant Khorshed Alam as his son holds the field. The Privy Council in 56 I.A. 201 considered the documents which had been produced and observed: "......it is sufficient to say that they appear ..Category: Family Law | Date: | Hits: 239
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......oth-shop in the premises for a long time. This is a clear admission and it stops him from denying the appellant's title in the premises. To wriggle out of this tight corner, he has contended that the documents exhibits 4 & 4 (a), are not correct copies of his applications to the Revenue Authorities...Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
.... 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of......vises the accounts of each co-operative society. Under section 76 of the Act, the accounts of every society "shall be audited" by the Registrar who also got power of inspection of all other paper and documents of the society. He may also hold inquiry into the affairs of a society at any time. Beside..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... P.W.1 hurriedly ran away and informed his brother, P.W. 2, maternal uncle of Nurul Islam, P.W. 3 and others about the incident. On the following morning the dead body of Nurul Islam was found on the bank of a khal about 100 cubits from Mujaffar Ali's house. P.W. 1 lodged Ejahar immediately thereaft...... conviction is set aside and they 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) 75. ..Category: Criminal Law | Date: | Hits: 60
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. ......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. ..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. 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.......als. Criminal Appeals Nos. 343 and 349 of 1969, which were dismissed by the High Court Division by the impugned judgment dated 14 August 1984. 3. This case arose from an incident of forgery of two documents relating to an auction-sale in connection with a Certificate Proceeding. The Certifica..Category: Criminal Law | Date: | Hits: 69
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. ...... the suit, for he is a bona fide licencee under respondent No. 1. 14. Respondent No. 3, Mohammad Hossain, did not appear and contest the suit. Plaintiff-appellant examined 9 witnesses and filed 10 documents, marked Exts. 1 to 12. On behalf of the contesting respondents 5 witnesses were examined a..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......don County Council, in (1893) 2 Queen's Bench Division 476 (492) which runs thus: — "What is the ordinary rule of construction when construing Acts of Parliament and other documents? It is that if the language is ambiguous and admits of two views you must not adopt that..Category: Business or Commercial Law | Date: | Hits: 81
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. ......." Annexure 'O' is a legal notice written on behalf of the respondent No. 1 by his lawyer on 25-11-1970 and it was stated therein that the respondent No. 1 considered both the documents as of equal value and instead of submitting the copy of the instrument dated 1S-9-69, he ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....that under regulations 2 (a) of the Regulations, the Bank is to change the rules laid down therein from time to time. The Regulations were framed under the powers conferred by section 54 of the State bank of Pakistan Act 1956. Although under clause (1) of Article 84 of President's Order No. 127 of 1......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....a little off Balakhal Railway Station to the south, he ran and saw his nephew Shamsul Huq lying dead with bleeding injuries and Tajul Islam lying with grievous bleeding injuries on the western bank of the canal and came to know from some person who were near the place of occurrence tha......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
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