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Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate 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 ......nt Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the ap..Category: Property Law | Date: | Hits: 42
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....more necessary because the plaint/written statement as referred to is required to be verified by a person "who is acquainted with the facts of the case''. In this suit relevant facts are within the personal knowledge of the officer who dealt with the matter all through; he is the Military Estate O......0(1), 0(2), 0(3) and a copy of the judgment of the High Court Division in Criminal Revision No. 285 of 1982. Those papers show that the Cantonment Board did not treat the premises as an abandoned property; rather the Board mutated the appellant as owner of the property; the Director, Military La..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....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. ......laim or resisting this consequences arising from the agreement……(12) Doctrine of estoppel applies to respondent nos. 1 (c) and 1 (e), who having endorsed in the resolution of selling the property, did not come forward to file written statement for contesting the suit, they also cannot c..Category: Criminal Law | Date: | Hits: 88
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......tice against him. No such notice appears to have been served upon him. Respondent's action not only interfered with the appellant's right to publish the weekly but also interfered with his right to property for which he could legitimately raise grievance on account of violation of the principle of..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......ns between the parties over the self-same land. The learned Sessions Judge considered the locus standi of the first party as to whether they had any prima facie title and possession in the disputed property. The learned Sessions Judge considered that the first party failed to produce their basic..Category: Criminal Law | Date: | Hits: 42
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....trict Judge” Interpretation of Statutes District Judge as used in Article 29(4) of the Local Government (Union Parishad) Ordinance does not mean persona designate that is, his private or personal capacity but clearly indicates his office, that is, District Court of which he is the Pres...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....m if he is a real son of Amir Ali Mia." 36. Before proceeding further both trial court and the lower appellate court erred in law and failed to take notice of the presumption in the matter of personal status which will be considered presently. 37. The High Court Division further notice......iff’s first cousin (Khalato sister) and Amir Ali was himself one of the witnesses of this marriage. Rent Receipt Ext. E series between 1953 to 1957 show that Khorshed rented a part of the wakf property from his father Amir Ali and he was shown as first son of Amir Ali. The most important doc..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 ......ion 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged to the defendant Appellant, the property never being in controversy in the suit, the decree is liable to be amended by excluding the..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....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......d Counsel submitted that there being no proof that the notices were sent to the proprietor of the jote by registered post, the alleged auction sale did not affect the appellants' right to the suit property of jote No. 5 Rajab Ali. In this connection the Counsel also submitted that the learned Jud..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....……………(21) Child’s welfare is of paramount importance in appointing guardian. Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible fo......d be appointed as his guardian. For the reasons staged 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) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... 32 DLR (AD) 170 and has contended that a monthly tenancy is not heritable. In that case it was observed: "A tenancy-at-will is determinate at the will of either land-lord or tenant, and is a personal relation between the original land-lord or tenant and is determined by the death of eit......it is shown that it has ceased…………….(10) If the heirs of the late tenant continue to stay on, but do not pay rent they shall not be permitted to say that the landlord has no title on the property and in case such heirs claiming title must first restore possession to the landlord. These ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......of the land for more than 60 years. 7. The arguments are not convincing. Firstly, P. O. No. 90 of 1972 has no manner of application, because the plaintiff has not challenged the acquisition of any property under the State Acquisition and Tenancy Act nor the question of adverse possession arises h..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division 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. ......-operative Societies Act, primarily and basically a cooperative society, the objects of which include the creation not funds to be lent to members on long terms upon mortgage of their immovable property; and a "co operative society" means a society registered under this Act. Status and managem..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......e Certificate Officer. It was conducted, as evidence shows, by his clerk who is co-accused Syed Ahmed Patwary. It is also necessary that after an order is passed in a Certificate Case for selling a property in auction the Certificate Officer himself will hold or conduct the sale; the sale may be..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....o.1, that is, ruling the complaint under the Presses and Publications Act against the appellants, we did not, however, fail to notice that due to the noise and disturbance of the machine of the Press personal animosities of respondent No. 1 were aroused which compelled him to file the complaint ag......afiq Press at 43, Bangla bazar, Dhaka Under the provisions of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972), the Press became an abandoned property. Appellant Nos. 1 and 2 are the Chairman and Secretary respectively of the Shafiq Press Kar..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......January 1972; Secondly, there was no law earlier than 16th February 1972, the date on which the Abandoned Property (Control, Management and Disposal) Order was promulgated for taking over appellant's property as abandoned property, there have been no violation of the conditions in the agreement date..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......iminal Procedure, 1898 (Act No. V of 1898), Section 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the..Category: Criminal Law | Date: | Hits: 53
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......khas possession was given on 29.7.61. This over-sight has led the appellate court to come to an erroneous conclusion that the defendants "openly and adversely was in physical possession of the suit property somehow or other" and inferentially recorded the finding the adverse possession had perfect..Category: Property Law | Date: | Hits: 63
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......d rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plai..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......leave to appeal in the erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on th..Category: Property Law | Date: | Hits: 37