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Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......he defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract for sale of the suit property. By filing a written statement the appellant denied that there was any contract for the sal..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... The Informant, P.W.1 was also an accused in another criminal case filed by appellant Shah Alam. All other P.Ws. as suggested by the defence are bargaders of Abdul Karim and some of them had also personal grudge against the accused; in view of these facts the defence suggested that Abdul Karim C......oper and the accused may take any pleas including inconsistent pleas. Such as, he may plead alibi and at the same time he may take the plea of exercising his right of private defence of life or property. And for such inconsistent pleas, his defence will not be affected. Even if both such ple..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......ary exactly to determine. But it may be safely taken that the word "transfer" is used in law in the most generic signification, comprehending all the species of contract which pass real rights in property from one person to another." (13 ALL 432 relevant page 476). And then the transferee o..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......s Bench Division, page 439. 5. As to the first part of the submission of the learned counsel we do not for a moment doubt the soundness thereof. In an offence of theft there must be removal of the property out of the possession of another with intention to take dishonestly. In the present case wh..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......at the offences described in these two sections are not contemplated in section 403(1). Under these sections a person may be charged with theft or criminal misappropriation or with receiving stolen property or with all of them on the same fact, and if he has been charged for one of the offences, h..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......fore execution of kabuliyat he was not entitled to an order of injunction. 7. The High Court Division relied upon some decisions in which it has been said that a person in wrongful possession of property is not entitled to be protected against the lawful owner by an order of injunction and th..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......half was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal of the record that the minor respondents had no subsisting interest in the suit property and as such there was no necessity of contesting the appeal and though appointment of court..Category: Property Law | Date: | Hits: 85
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......stance of the appellant Mir Ali but he violated the said order by sowing ‘kaun’ in the land and after two months appellant went to plough the land to destroy the crop. Right of private defence of property will not be available to the appellant as he had time to have recourse to the protection of..Category: Criminal Law | Date: | Hits: 105
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......e suit an application under Order 38, rule 5 of the Code was filed by the Respondent for attachment of the lighterage vessel "Integrity" before judgment, on the assertion that the Appellants had no property or asset to the knowledge of the Respondent except the said lighterage vessel and that they..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......sions was executed by M. A. Sabour for self and as legal guardian of his minor daughter Hosne Ara in respect of their properties in West Bengal, India. The respondents were put into possession of the property in Khulna in pursuance of the said contract. 4. The appellants Title Suit No.308 of 195..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......t Division failed to notice that clause (a) of sub-section (3) of section 96 of the Act, requires application for pre-emption must be accompanied by a deposit of the entire consideration money of the property transferred as stated in the notice served under section 89, together with compensation @ 1..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......t four years earlier and some of those charges were actually disproved and the rest were found to be unfounded in an enquiry held on the application to the respondent from the post of receiver of the property. The High Court passed the order after arriving at the conclusion that Saleh's statement wa..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......s reply to these charges. The Board on 19-12-74 again directed the petitioner to submit statements in respect of his Pabna House and motor car. The petitioner submitted particulars of the aforesaid property on 30-12-74. The Board again on 10-1-75 directed the petitioner to submit more particulars ..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....citizen and no action detrimental to the liberty, body reputation or property of a person shall be taken except in accordance with law. Article 32 provides that no person shall be deprived of life or personal liberty save in accordance with law. The principle of natural justice is inherent in every ...... one agreed, quoted with approval the observation of Bankes, LJ, as made in Rex Vs. Electricity Commissioners (1924) 1 K. B. 171 that the powers so far reaching affecting as it did individual and not property were powers to be exercised judicially and not ministerially and held that a body of pers..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....s. The firm was assessed in the status of a registered firm for the charge years 1964-65, 1965-66, and 1966-67. The Income Tax Officer included the shares of the five minor children in the mother's personal assessments under section 16(3)(a)(ii) of the Income-tax Act for all these years and the as......nership deed, is sufficient to bring it within the purview of section 16 (3)(a)(ii) of the Income-Tax Act. He submits that Safiya Bai and her minor children inherited their respective shares in the property left by Taherally Adamjee in accordance with the Muslim Law of Inheritance. Their acquisiti..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......ongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property being in possession and the Government also admitted his possession in the written statem..Category: Property Law | Date: | Hits: 24
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....e review petition were illegal, malafide and against the principle of natural justice; both the Tribunals erred in not giving any importance to the failure of production by the respondent No. 1 the personal file No. Judl.3/3 C5/84 dated 23.4.984 of the petitioner which was called for by the Admi......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ............Respondents Judgment June 12, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XX, rule 18(2) The petitioner purchased the suit property in excess of the share of his vendor, Defendant No. 1, and his vendor was a party to the p..Category: Property Law | Date: | Hits: 33
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