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Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 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. ...... of its cancellation." "42. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion made......ion the appeals are dismissed. There will be no order as to costs. Ed. ......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. ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....at he was very much well affected to Alfazuddin Ahmed," Alfazuddin Ahmed immediately after his purchase created temporary lease by as many as 7 kabuliyat Exts. B series through different persons in respect of the suit land from 1936 to 1961. The appellate court below commented that by ......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. ......, be no order as to costs. Ed. ......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. ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......der as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ...... ground of nullity or want jurisdiction or mala fide in view of the bar imposed by section 14A of the Act. Proper enquiries were made before requisitioning the property. The Madrasah is admittedly an educational institution which imparts religious, general and vocational education. The purpose of re..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....n the west bhiti hut in village Agarpur Temnipara, P.S. Kuliarchar the accused perÂsons entered the hut by opening the eastern jhap door. She woke up and lighted the kupi bati. She saw seven accused persons inside the hut who assaulted her husband. All of them ran away after causing several injurie......o to the police station to lodge the First Information Report but the Daroga appeared on the scene and suo motu to record the ejahar from her and according to the defence, he was broÂught by the interested persons such as the defeated candidate Fazlur Rahman and Abdul Hye." 11. Initially, ......d 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) 311. ......nts is set aside and all of them 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) 311. ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
.... Noakhali for declaration that the suit land was not vested and non-resident property. Allegations were that the suit land was purÂchased in auction in Money Execution Case No. 47 of 1961 by several persons, namely, Subhas Chandra Pal having 8 annas share. Jaheda Khatun having 4 annas share and Sha......he decision reported in 31 DLR 107. It was not warranted inasmuch as the defendant being a lessee has his own right to protect the interest of his and of his lessor and in such case the party who was interested in the suit property ought not to have been struck off. Points merits consideration." ......der as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of SuborÂdinate 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 ..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....ng 22-12-83 for trial. On 22.12.83 the prosecution sought for further time as the witnesÂses could not be produced. The learned Judge, however, rejected the prayer for time and acquitted the accused persons observing as follows: "13. 22-12-83. All the accused Persons are present in cou......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 ......eeding 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 ......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 ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....y of dividend, and the amount (if any) which they propose to carry to reserve funds. 85. A copy of the balance sheet and report shall, fourteen days previously to the meeting, be sent to the persons entitled to receive notices of general meeting in the manner in which notices are to be gi...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......s to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....nto operation in a field which has hot been covered by the specific provision made under rule 1. The Gazette Notification dated 14 December 1955 as referred to above has specifically enlisted certain persons in different Ministries of the Government who have been specifically "appointed to sign and ......uthorised by the Military Estate Officer to sign and verify the written statement, the appellant has challenged it and contended that the written statement has been filed malafide, at the instance of interested persons, who have been harassing him in all possible ways. Mr. T.H. Khan has contended fi...... to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....s to respondent No. 1, Sri Sri Chatteswari Devi Bigraha, the deity. Respondent Nos. 1 (a) to 1(e) is the Shebaits of the said deity. In 1972 Chatteswari Mandir Unnayan Committee comprising some local persons and Shebaits was formed. ResÂpondent Nos. 1 (a) and 1 (b) are the Secretary and the Joint S......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
.... Case No. 27(9) and Motijheel P. S Case 90(9) of 1983. 2. Both the cases were started on separate First Information Reports lodge the Informant- respondent Aminuddin on allegation that the accused persons armed deadly weapons forcibly entered into his Bakery and looted away his articles worth Tk.......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......ny reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
.... clear that the Tribunal itself could not come to any definite finding whether these "double markings'' were made by the respective voters while casting votes or were post-election acts or some other persons. In view of this position, neither the election of the returned candidate hat been declared ......ithout declaring result of the election void, is illegal……(8) Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be i......dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....ase was transferred to the Court of the Additional Sessions Judge for disposal. On 15.2.78. the Additional Sessions Judge fixed the trial date on 8.5.78 and passed necessary orders. On 8.5.78 accused persons and three assessors were present but prosecution filed a petition praying for time. It was a...... 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 ......eave 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 ...... 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 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....d. Since its shifting there Salimabad hat is being held on Tuesday and Fridays, The shifting occurred during S A. operation (from the year 1957 to 1963). After emergence of Bangladesh some interested persons started a hat at Tebaria which also began to sit on Tuesdays and Fridays. 5. It appears t......za Salimabad. Since its shifting there Salimabad hat is being held on Tuesday and Fridays, The shifting occurred during S A. operation (from the year 1957 to 1963). After emergence of Bangladesh some interested persons started a hat at Tebaria which also began to sit on Tuesdays and Fridays. 5. I......i J Abdul Mannaf Khan and others……..AppelÂlants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983). Golam Hossain Khan…………………….Respondent (In Civil Appeal No. 164 of 1983) Judgment August 2...... doctors placed in a similar situation. 57. Dr. Hossain, next, referred to the case of Secretary of State vs. Tameside, (1976) 3 All E.R, 665. In this case, the responsibility for providing public education was distributed under the Education Act, 1944 between the Secretary of State and local edu..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
.... of an agreement is lawful, unless it is forbidden by law or is of such a nature that if permitted it would defeat the provisions of any law; or is fraudulent or Involves or implies injury to the persons or propeÂrty of another, or the Court regards it as immoral, or opposed to public polic......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......s to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
.... observed: "The question of examining witnesses does not arise at all. The witnesses that the contemner wants to examine are very much under his thumb. They are his direct subordinates or persons on whom he yields immense influence by virtue of his continuing position as the chief exeÂ......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 ......e 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 ......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 ..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ir Ali, according to him, is not the eldest son of his father. Defendant further contended that Amir Ali acknowledged him as his son during his life time in a number of document and also told many persons, on different occasions that he was his eldest son. He contends furÂther that Amir Ali, a......l Appeal No. 27 of 1975 in order to make it clear that the prinÂciple of law governing this suit was already determined and finally settled by this Court in that appeal, and thereafter, the party interested was advised to file a suit to rebut by contrary proof the presumption raised in favour ....... No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......deny a marriage to negative it in fact". That acknowledgement has been well proved in this case by oral evidence and documentary evidence that since his childhood Amir Ali brought him up, gave him education and was a little boy 2 1/2 years old when his mother Monowara Begum died (1935). Amir Ali ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......n my opinion, we ought to strike out from the order as pasted and entered the words, "and proceeds of investment of profits" and also toe reference to the collieries in which the tesÂtator was not interested at the time of his death, as they relate to what was no part of the matter then befor......as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....as Issued or served upon the recorÂded owners of jute No. 5 Rajab Ali. After the dispute arose it was revealed that notice under section 5 of the aforesaid Act was show to have been served upon five persons, namely Tafur Ali, Tufan Ali, Sarada ChanÂdra, Aparna Charan and Hafeza Khatun all of whom ......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115...... order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....poration or company which exercises no statutory, powÂers. The fact that the employees of the company were appointed and removed by the President does not make the employees govÂernment servants or persons holding civil posts". 13. In the instant case, the only point which has been repeatedly s......rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......er as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....far Ali and one Kashi alias Hazrat Ali, were tried together and were held guilty by the trial Court for committing the murder of one Nurul Islam on the night following 8 August 1978. Of the convicted persons, Mujaffar Ali was sentenced to death while the others were sentenced to transportation for l......f murder and rioting as aforesaid. 5. Leave was granted to consider the quesÂtion whether the conviction of the appellants based on the evidence of a solitary witness and uncorroborated by any disinterested witness is sustainable in law. 6. As appears there is no dispute that an incident took......d 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. ...... 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
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