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Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......der as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147....... Mr. Bhuiyan submitted that the plaintiffs took settlement in the year 1949 and on appeal the R. S. record was prepared in their names and they paid rent to the Government and the rent receipts are evidence of possession of the plaintiffs. He cited the case of Erfan Ali Vs. Joynal Abedin Mia (late..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......rit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......ters and they have not received any notice under section 106 of the Transfer of Property Act nor any letter as alleged in the plaint. 5. The learned Subordinate Judge framed 7 issues and then took evidence both oral and documentary in support of the case of the respective parties and thereafter v..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents Judgment July 1, 19...... if the accused so desires, or if the competent authority so directs, an inquiry officer or a Board of Inquiry to be appointed under sub-regulation (13) shall hold an inquiry at which oral evidence shall be heard as to such of the allegations as are not admitted and documentary evi..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. .........Respondent (In Appeal No. 132 of 1997) Showkat Jong Hasmi............Respondent (In Appeal No. 133 of 1997) Judgment June 10, 1999. Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant (In both the Appeals). Not represented –the...... and order under appeal declaring that the building is not an abandoned one. 8. From the judgment of die High Court Division it appears that the learned Judges came to a positive finding on evidence that possession of the building in question was not taken over by the Government and ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......d Counsel appearing for the plaintiff appellant submits that the plaintiff could prove that the defendant did not pay any rent from 1388 B.S. and before that also rent was not paid regularly and this evidence could not be dislodged or disproved by the defendant. It is clear that even if according ..Category: Tenancy Law | Date: | Hits: 175
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ...... Ed. This Case is also Reported in: II ADC (2005) 367. ......rongly found that the Heba was not completed inasmuch as no possession was delivered to the Donee (the respondent No. 1). This finding of fact though concurrent but it is contrary to evidence on record; the perusal of evidence of D.W.1 will shown that the gift was validly made, an..Category: Property Law | Date: | Hits: 33
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......here is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ve title of the plaintiff No. 1 in the land in suit, that the judgment and decree in Title Suit No. 616 of 1969 is collusive, fraudulent and not binding upon the plaintiff that no cogent evidence has been brought on record in support of the case of the defendant No. 1 that plaintiff No..Category: Property Law | Date: | Hits: 37
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......s Case is also Reported in: 37 DLR (AD) (1985) 216. ......Pakistan for India long before the filing of the suit. 4. The allegations contained in these grounds were denied by the respondent, plaintiff of that partition suit. The trial Court on evidence decreed the appellants suit setting aside the decree of the partition suit, among other th..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......o Reported in: 37 DLR (AD) (1985) 212. ......tion case cannot be disposed of properly. …………………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidenc..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
.... The learned Judge of the High Court Division observed that the learned Subordinate Judge acted illegally in making reference to the aforesaid deposition of the plaintiff in these cases as these were inadmissible in the present case. He further observed that the learned Subordinate Judge did not con...... (1985) 205, 1985 BLD (AD) 172.......………………Appellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 1908 (V of 1908), section 100 Misreading of evidence is a mixed question of fact and law, and as such the High Court Division erred in law in th..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......rt Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants ......s have been possessing the case land when the record of right was prepared, they are entitled to have their names recorded. 15. Since the final Court of fact on consideration of evidence found the appellants in continuous possession of the land for 30 years, the order a..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......s Case is also Reported in: 37 DLR (AD) (1985) 193. ......l Tenancy Act, 1885 (VIII of 1885), Section 3 (17) ‘Bargadar’ ‘adhiar’ are not tenants but they can become Tenants when they are admitted as tenants by the landlords evidenced by any document executed by him or executed in his behalf, or if he has been held as a te..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ...... in: 37 DLR (AD) (1985) 190. ......sp; 3. An appeal was filed before the learned Subordinate Judge. The appellate court below considered the evidence and found that the defendants did not deny the execution of the deed in their w..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....te in another place in order to attain registration in the office of the Sub registrar of that place. A subsequently sues B to recover possession. B relies on the sale deed and A pleads that it is inadmissible and is not validly registered. It was held in Venkatrawari Vs. Venkata Suffayya 55 Mad......Case is also Reported in: 37 DLR (AD) (1985) 177. ......d second appeal and the learned Single Judge took the view that the right of the transferee (Defendant No.) 2 under the sale deed shall not be invalidated in view of the fact that there was no evidence that the defendant No.2 was in collusion with defendant No.1. Reliance was placed on ..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......spondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......urt Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ...... Case is also Reported in: 37 DLR (AD) (1985) 164. ......question was abandoned by its owner-tenant Priyabala and the Plaintiffs-landlords took khas-possession, thereof under section 87 of the Bengal Tenancy Act, is based on proper consideration of, the evidence on record. 2. The impugned order of the. High Court Division is dated 1 June 1983 a..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ners Vs. Bangladesh and others………Respondents (In Civil Petition No. 310 of 1984) Judgment November 20, 1984. Result: The petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the......ency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a v..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......ain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be pr..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....t other accused persons in the sense that it may be taken into consideration against them along with other evidence. But for this section 30, the confessional statement of one accused will be inadmissible in evidence against another accused in view of section 3 of the Evidence Act. The......ion that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......n Howlader & ors…......Appellants Vs. The State.................................Respondent Judgment March 12, 1984. A murderer will not certainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement..Category: Criminal Law | Date: | Hits: 63
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......he amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......eversal could be passed taking into consideration the entries which were not considered by the trial court as those pasted papers could not be opened and without considering in detail all the evidences on record relied on by the learned Single Judge. After hearing the parties in Civil Appea..Category: Business or Commercial Law | Date: | Hits: 139
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