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Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....nce 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1......ed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the afor..Category: Criminal Law | Date: | Hits: 57
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. ...... of suggestion and has not been made probable at all. A minor boy of about 9/10 years has ventured out of his house in the company of older boys, travelled some distance away from his home by bus and landed himself in an unknown place when the sun was about to set. He is not a grown‑up man. He can..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....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. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Transport Corporation Limited and another......... Defendant-Respondents Jud..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......etropolitan Magistrate, Dhaka in P Case No. 383 of 1987 under section 561A of the Code. 2. Claiming by a petition dated 1.9.87 before the Chief Metropolitan Magistrate, Dhaka, that the case land, namely, more or less two bighas of land under PS Tejgaon, District Dhaka on CS plot No. 533, ..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... of 1990, are disposed of by this judgment. Appellant filed two suits, Title Suit Nos. 52 and 53 of 1971, in First Court of Munsif, Pirojpur for a declaration that he purchased the respective suit lands from proforma defendant Nos. 2 and 3 (Respondent Nos. 3 and 4‑6) for valuable considera..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....4 challenging the legality of the Memo No. Da-73/84/202 Acqn. dated 28.2.85 (Annexure-M to the writ petition) issued under the signature of respondent No. 3, setting aside, inter alia, the deed of settlement (Annexure-G) dated 9.10.79 and declaring further that the property, Holding No. 7 Wisegh......tion of the appellants' name in the revenue record, the Government could no longer take the plea that its officer had acted without its authority. In support of his submission, he cited 1984 All England Law Reports (Vol. 11) 767; 27 DLR 315 and PLD 1969 (SC) 407. 19. The learned Deputy At..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....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. ...... is barred by limitation under Article 12(d), alternatively under Article 120 of the First Schedule to the Limitation Act. 2. Facts necessary for the disposal of the appeal are that the suit lands are 22.82 acres of char land at Village Majichar, known as Underchar at Noakhali. Plaintiffs,..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......ions 302/201/34 of the Penal Code. 2. In the present case, the First Information Report was lodged by the wife of deceased Abu Musa stating, inter alia, that while her deceased husband visited his land in Jalkuri village the accused opposite parties and others killed him with a sharp cutting we..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... 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. ...... of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them from disturbing or interfering with his possession of the suit land and evicting him or demolishing his structure by force. The suit was later transferred to the..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......, 1989 issued a rule upon the appellants in Civil Revision No. 89 of 1989 and by the same order restrained the defendants by injunction from disturbing the possession of the plaintiffs in the suit land in any manner for 10 weeks pending disposal of the rule. 6. Appellants obtained leave ..Category: Civil Law | Date: | Hits: 91
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......ittedly there was litigation and enmity between the respondents and the deceased Shamser Ali Amin for a long time. The deceased as his name suggests was an 'Amin' i.e. his job involved measuring of lands. 3. Prosecution case is that on 30.3.70 corresponding to 16th Chaitra, 1376 B.S. Shamser..Category: Criminal Law | Date: | Hits: 53
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......ree and restored those of the trial court. 2. Defendant then obtained leave to appeal from the judgment of the High Court Division contending that the trial court's finding that the plaintiffs are landlord of the defendant is perverse, unsupported by any evidence and that there is also no basis f..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......Rahman J. - This appeal is at the instance of the pre-emptees. 2. Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres of lands of some plots of C.S. Khatian No. 19 and also for 12'21 acres of land of subordinate Khatian N..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....II-37 of 1973-74 was started and on 27th July, 1974 Tk.325.80 was deposited. The disputed auction sate was then set aside by the Circle Officer (Revenue), Madaripur. Defendant No. 1 managed to lake settlement of the disputed land on the strength of certificate sale in Miscellaneous Case No. XII-M-......gation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent can no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defendant-appellants. Even th..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....appeal namely, Criminal Appeal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possess......eal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy whi..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ...... appointment of an Advocate Commissioner to ascertain the value of a part of her building for payment of compensation to her by the decree-holders who were given a decree for khas possession over a land including this part of the building. Respondents obtained a preliminary decree in her partiti..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......in Hossain) on 2nd September 1984. 2. Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek ..Category: Tenancy Law | Date: | Hits: 114
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......slam and the deceased over ancestral property for a long time. The other accused are relations and associates of Nazrul Islam. Deceased's father Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man use..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ashutosh Debnath for specific performance private complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owner, the sai..Category: Criminal Law | Date: | Hits: 63
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