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Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......ly is not at all maintainable and in that view of the matter he dismissed the plaintiff's suit. On appeal by the plaintiff the learned Subordinate Judge, Rajshahi in Title Appeal No. 4 of 1980 took note of the fact that the learned Munsif did not discuss the evidence of the plaintiffs although t..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....ttlement of the claims for compensation for the losses incurred by the appellant and that their claims were never repudiated on the ground of limitation by respondent No. 2. On the other hand the appellant was offered some amounts though not in payment of full compensation and was assu......indifference of the appellant in not bringing an action within time and at its futile, attempt to persuade the defendants to meet its claims through letters and personal persuasion. The Court also noted with surprise that the appellant did not even make any application before it for grantin..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....to sell the suit land, its building thereon to the plaintiff for a consideration, of Taka 12,000 and on receipt of the entire consideration money executed a Bainapatra in his favour on 15.1.71 and handed over the possession of the suit property to the plaintiff. It was stipulated that Aziza Bibi......deed and accordingly the sale deed was executed and registered by the Court on 17.7.76 and delivery of possession of the property in suit was given by the Court on 9.11.76. Be it noted that the appellant, Government of Bangladesh did not obtain any stay order from the High..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
.... come to know of the illegal issuance of the demand note the appellant moved the Sub-Zonal Martial Law Administrator, Chittagong, who after hearing the parties directed the 2nd party respondent to hand over the possession of the hotel of the appellant but without complying with the same the resp......l. Meanwhile the appellant's lease was cancelled and the 2nd party respondent in collusion with the Railway employee of the Divisional Estate Office at Pahartali, Chittagong, secured a demand note for the land issued in the name of the 2nd party respondent, who paid the arrear licence fee f..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
.... of the Calcutta High Court in the case of Upendra Narain Roy Vs. Janaki Nath Roy, 45 ILR 305. 4. Mr. Santiranjan Karmaker, learned Advocate appearing for the respondents, has on the other hand, contended that the plaintiff will not be allowed to amend his plaint by setting up a fre......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....re concerned that is, the present case and the case of Government of Bangladesh Vs. Ismail Hossain, they are substantially the same. Yet, a different conclusion must be reached by us in the case at hand. 15. Incidentally, it may be mentioned that in one of the unreported decisions of the ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....person issued two cheques on 24.7.75 the cheques were stopped because there was no sufficient fund in his account. The complainant did not lodge any complaint against the accused person. On the other hand, both the complainant and the accused person entered into a venture. To quote his words: ......xpressed the opinion that when a partner is entrusted with dominion over the property and he dishonestly misappropriated it he comes within section 406 but the learned Chief Justice promptly issued a note of caution by adding as under: "In these cases of charges against partners of criminal..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....s executed the decree. Section 47 will apply so long the decree remains unexecuted………….(11) Cases Referred to- Abbasuddin Chowdhury Vs Chandra Mohan Chowdhury, (1966) 18 DLR 535; Laxmi Narayan Marwary Vs Bal Mukunda; AIR 1924 PC 198; P......e absence of any death certificate: but the lower Appellate Court accepted his evidence as true overlooking that this point was not taken by the respondents in their application. It should be noted that not only the application for execution of the decree went unchallenged on question of su..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......ribed the maximum period of limitation. If the execution petition is hit by any of the two provisions it is to fail." This is a correct approach and it is interesting to note that the learned Judges commented that these two provisions though expressed in different lang..Category: Civil Law | Date: | Hits: 107
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....ng hut of the informant while deceased Dilara and her younger sister were reading in the southern room of the west bhiti dwelling but. The accused entered into the reading room with a dagger in his hand chased her from one room to another and assaulted Dilara and in consequence of which she died ......m blood and blood clot present in and around the tissues of the injuries region (places.)." The Medical Officer in cross-examination stated that in postmortem examination report he noted that ribs No. 1. 3 and 4 found to be fractured through mistake but according to him actually..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....de within time. The learned Judge observed that the Courts below had not found any default in payment of rent for any particular or specific month before filing of the suit on 25.9.83. " On the other hand, it appears" the impugned judgment says, "that the defendant had been depositing rents in the C......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....be enforced through Court. Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....uiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For ......ty. Mr. Ahmed next submits that the officer to whom the Memo was addressed, namely, the Additional Chief Engineer, treated the Memo. in question as an award which, he submits, is evidenced from the note given by the Additional Chief Engineer on the body of the Memo in question as follows : &..Category: Others | Date: | Hits: 88
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....nt. The four brothers were in joint mess upto 1328 BS. They separated in 1329 BS. 3. The contesting defendant Nos. 1 and 2, successors of Mati Miah, contended on the other hand that the properties were exclusively the self-acquired properties of Mati Miah or his benefit......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... about the aforesaid information given to him by the said witnesses. The High Court Division because of such omission made by PW 1 in the FIR, which was observed to be "much delayed”, took note of the defence argument that the said witnesses were subsequently procured and tutored by the p..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....he fact that the proceeding was out of time and had applied its mind to the question of limitation before dealing with the proceeding on merits." 7. The respondents, on the other hand, contend that section 5 of the Limitation Act itself does not postulate making of a separate a......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....t was not a party to Title Suit No. 502 of 1987: and (c) that the first party‑appellant was in possession of the case land. The learned Magistrate upon these findings directed the receiver to hand over possession of the case land to the first party-appellant. 5. The second party-resp...... of peace over possession thereof by the second party-respondent and prayed for drawing up a proceeding under section 145 of the Code, for attachment and for appointment of a receiver. It should be noted that the appellant described the case land in terms of CS plot No. 533. No proceeding was dr..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....ens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son Proddyut......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....the particular provision of Reg. VIII of 1819 which is affected by section 61 of the Bengal Tenancy Act, but he was constrained to admit that he could not point out any such section. On the other hand, an examination of the provisions of Reg. VIII of 1819 indicates that there is no section whi......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.......................Plaintiff –Respondents Judgment June 24, 1990. Cases Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
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