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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. ......gistration Act, 1908 (XVI of 1908), section 77 In a suit under section 77 of the Registration Act the Court is concerned only with the question as to whether the document is executed by the person by whom it is alleged to have been executed but not its validity. This section provides for ..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......stice that the period spent in obtaining a copy of the judgment or order should be excluded in computing the period of limitation whether prescribed by a special law or a general law. Similarly, if a person in good faith prosecutes his legal proceedings in a wrong forum be should be entitled to excl..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......o question validity of the registration on the ground that the property under the deed as either did not exist or it was fictitious………………..(5) The persons affected due to registration in respect of the property, not being a party to the registrat..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. ......t him along with the weapon near the house of deceased Shamsul Anwar where the accused was tied around a ‘mandar’ tree. Local Vice-Chairman and Members of the Union Parishad were informed and a person was sent to bring P.W.1. Khurshed Alam son of the deceased from his school. It is alleged tha..Category: Criminal Law | Date: | Hits: 64
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....... 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...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. ......e such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document." 18. Read together, these two articles ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction 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. ......side of appellant Amir Hossain's house; (ii) The inherited land of Rahim Farazi is adjacent to Hossain’s house and as such be might be interested to grab it; (iii)These accused persons absconded as soon as their names were disclosed. 6. Before I examine th..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ...... he had no jurisdiction to try the case. In the case of Kuppuswamy Naidu 24 Criminal Law Journal, a Division Bench of the Madras High Court observed: "Under the Madras Abkari Act, the accused person has the right to a special procedure regulating the course of investigation and from the mom..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... "10. (1) The Government may cancel any allotment or terminate any lease or terminate the terms of any lease or agreement under which any abandoned property is held, occupied or managed by a person, where such allotment, lease or agreement has been granted or entered into after the 25th d..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......le’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parli..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......charged for that year in accordance with, and subject to the provisions of this Act in respect of the total income, of the previous year or the previous years as the case may be, of every person.” There is proviso to this section which is not relevant to decide the point at contr..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... Distress warrant or by referring the matter to the Collector of the District or by committing the offender to prison…………..(7) The Courts while sentencing a person to fine only where there is no provision of sentence of imprisonment in the rule under which..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......d as heir of the previous Mutwalli and he has been brought on record though specifically the name of the previous Mutwalli was not brought on record as Mutwalli but the fact remains, it is the same person, namely Abdul Halim Chowdhury who was brought on record and after his death Abul Kaiser Cho..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......nce) No. 2 of 1964 was enacted which imposed total bar to practice law by retired Judge or a Judge who resigned in the High Court, and this Ordinance clearly stated that "a Judge" meant a person who acted as a Judge at any time since 15 August 1947. The question that arose was whether M..Category: Others | Date: | Hits: 86
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......ver returned back. Rather on the night following 13.10.2001 a dead body of Sohel was recovered from the jute field of one Nowab Mia of the village Alipur having multiple penetrating injuries on his person. Ultimately dead body was sent to morgue for post-mortem examination and a case was recorde..Category: Criminal Law | Date: | Hits: 41
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......xly Paints Limited Vs. Bangladesh reported in 31 DLR (AD) 266 and Bangladesh Vs. K.M. Zakir Hossain reported in 8 BLC (AD) 27. In the above two cases question arose as to the right of a person in possession of the abandoned property on the basis of agreement for sale and it has b..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..........................(9) Lawyers Involved: Syed Mahmood Hossain, Advocate appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. In person- the Respondent. Civil Appeal No. 50 of 1996. (From the Judgment and Order dated June 1..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......, setting aside the order dated 6.4.97 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The..Category: Procedural Law | Date: | Hits: 96
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......e cases of teachers/ officers on extra-ordinary leave. Note: The representative of the Senate on a Tribunal under this Statute, shall be chosen by the Syndicate from a panel of six persons nominated by the Senate for the purpose in order of preference in which the Senate ..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......he Agricultural Department and as such plaintiffs can not have any claim in respect of .17 acre of land, that out of 1.15 acre of land of Plot N. 685 Khemankari Devi transferred .24 acre of land to 4 persons who are the parties in the suit and as such plaintiffs by their purchase from Barada Kanta C..Category: Property Law | Date: | Hits: 45
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