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Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......our of her foster son Gopal Chandra Ghosh by a registered deed of gift (Ext. 5) on the 23rd Poush, 1326 BS corresponding to 6.6.1919. Gopal was recognised by the landlord as a tenant and he was given rent receipts Ext. 6.6 (a). Gopal sold the suit land to Brojendra Nath Goswami by a registered sale ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ...... is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the two courts below in respect of possession and the entire evidence, both oral and..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......enancy cannot be created by the tenant’s continuance of possession alone. There must also be the assent of the landlord- assent may be expressed or implied. It may be evidenced by acceptance of rent or by other circumstances -Where the lessor dissents or does not assent either expressly or imp..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ...... wrote a letter on 22.2.1980 to sell 0.12, acres of land out of the suit land with her permission. The defendant on the basis of the said deed of gift mutated his name in the record of right and paid rent. The plaintiff having come to know after procuring the details about the mutation filed this su..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....the signature is mandatory. From the original judgment it appears that the learned ADM has not given any date at the end of the Judgment while putting his signature. This type of legal mistake is not expected from a senior officer like an ADM. I do not think that this type of gross irregularity is n......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ......cation under Order 9, rule 4 not being maintainable and misconceived the impugned order was not an order within the meaning of Order 9 CPC the same shall be deemed to have been passed by invoking inherent jurisdiction of the court under section 151 CPC and the application under Order 9, rule 4 CPC s..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ...... Property Act, 1882 will not exonerate the landlord from liability of establishing the bona fide requirement on adducing cogent evidence. It is not a correct proposition of law to say that concurrent finding can not be disturbed in revisional jurisdiction. In fact finding though concurrent is o..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....s of the decision to enable them to make the higher forum and to enable the High Court to judge whether lower Appellate Court has properly appreciated and decided the case. The 1st Appellate Court is expected to give its own decision specially on materials relating on facts which would be self expla......the evidence led by the parties as well as the point of law that arise and to give his finding thereon along with the reasons for those findings. The finding must be definite and not ambiguous or inferential. Where the 1st Appellate Court did not discuss in his judgment the evidence led by the parti..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......hich commences from the date of dispossession of his predecessor-in-interest the judgment-debtor- since defendant No. 1 traces his possession from 1948 and produced documentary evidence of payment of rent from 1951 his accrual of vested right and limitation cannot be negatived by such amendment, Hig..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
.... identify the appellants and therefore doubt arises regarding the participation of the appellants in the crime. ....... (27) Photographic picturisation not possible Eye witnesses can not be expected to enumerate photographic picturisation of an attack. Such photographic picturisation of an......rejected for discrepancy in detail Discrepancy in the matter of detail of incident always occurs even in the evidence of truthful witnesses and such variation creeps in because faculties of different individuals differ from each other in the matter of observation, perception and memorisation. T..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......azipur, in Special Tribunal Case No.13 of 1986 acquitting the accused-respondent Nos.4 and 5 from the charge under section 366A of the Penal Code read with section 4 (b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance No. LX of 1983). 2. By an order dated 2.4.89 this c..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....Government does not enjoy any special privilege, but the fact remains that due to the necessity to obtain opinions on various authorities concerned before filing an appeal, sometime may reasonably be expected to elapse which in the case of an individual does not happen. Some consideration in appropr......S Khatian. After his death the plaintiffs as his heirs and successors have been owning and possessing the suit property. Due to the difference between the plaintiffs for some indefinite time past the rent was not paid for the suit property and a few days before the institution of the present suit th..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......6.6.89. Defendant No.1 opposite party A.K. Murshed entering into occupation of the premises of the suit land as an ordinary ejectable monthly tenant under Shorojini Bala Dutta, paid monthly rents to her. The defendant No.1 continued his occupation in the suit lands as usual during the..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......dge and Special Tribunal, 1st. Court, Faridpur dated 28.6.87 convicting the accused appellant Ananda, under section 376/109 of the Penal Code read with section 4(b)(c)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 read with section 26 of the Special Powers Act, 1974 in Special Tri..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....l Magistrate from police custody for recording his confessional statement and 3 hours' time was given for reflection and he was duly cautioned with the assurance that if he fails to make the expected confession he would not be sent to the police again. The witness stated that the accus......d the case only by circumstantial evidence and the confession of the two condemned prisoners. 9. The learned Advocate has further submitted that the circumstantial evidence suffers from inherent contradictions and material omissions which are not capable of excluding all reasonable hypothe..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467....... Narendra Aring was a bharatia and he used to run his business in the said gadi-ghar godown. In 1964 Narendra left the country and in June, 1967 the suit premises was leased out to the plaintiff at a rental of Taka 50/-. The plaintiff paid rent to this defendant up to middle of 1975 and thereafter..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......nd Administration and Land Reforms, Government of Bangladesh (Annexure-A) cancelling the lease of the petitioner of the fishery for the year of 392 B.S. to 1394 B.S. on ground of default of rent and for non-development work. 2. Facts in short are, that the petitioner, a fisherman of C..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ....../16 on receipt of the said post-dated cheques for the said amount between 5.12.80 to 4.5.81. Upon the aforesaid allegation as contained in paragraphs 3 sad 4 of the complaint petition there is an apparent disclosure of an offence of cheating. But in order to assess the complaint petition properly th..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....e evidence in his Court as well as in the Courts of e Sessions, District Magistrates, etc. Since the whole country is largely rural and agricultural, lawyers with graduation degrees in law can not be expected to be available there in the foreseeable future and consequently to meet the exigencies of ......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e, that and other survey lines if such position can be determined with sufficient accuracy and such lines are relevant to the dispute." 11. While accepting the report the presiding Judge is expected to keep the guiding lines in view. 12. It is true that the acceptance of the report ma......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
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