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Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....f the Code of Civil Procedure being Civil Revision Case No. 1020 of 1979 praying that the suit be withdrawn by the High Court Division and upon hearing the parties the prayer was allowed and it was registered as Transferred Suit No. 1 of 1980. 3. The matter was heard by A.T.M. Afzal, J. It wa......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......because in the setting of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....im for a consideration of Tk. 999/- and on receipt of the entire consideration executed kabala (Ext. 1) on 29.4.63. Then income tax clearance certificate was obtained on 8.2.64 but the kabala was not registered as defendant No. 1 was away from his house and soon thereafter the East Pakistan Dist......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......order of the High Court Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....rue that the Plaintiff has stated in his plaint that Defendant No.1 and his (Plaintiffs) vendor defendant No.2 Abedulla obtained well-demarcated .2125 ajutangsha land from C. S. Plot No. 17 under two registered deeds dated 4.1.54 and 5.1.54 and started possession by erecting structures, etc. The Pla......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......ants can take objection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....house for help. Being infuriated thereby Abdul Karim and his men including some of the P.Ws. here, raided his house and assaulted him and his men whereupon he (Shah Alam) lodged an ejahar which was registered as P.S. Case No. 3 dated 24.5.83 just 7 weeks before the present incident against Abdul K......assailants and the manner of the occurrence. Ejahar was lodged by P.W.I Nur Ahmed in the following morning at the thana, which is 16 miles away, whereupon the police investigated the case, arranged postmortem examination of the dead body of Siraj and thereafter challaned 11 persons including these......ond reasonable doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....Rent Control Ordinance and in view of the admitted facts and the materials on record that the defendant No.3 who was taken in as a partner in the business by the defendant Nos. 1 and 2 under a duly registered deed of partnership, became a tenant under the plaintiff by operation of law and no decre......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......s allowed without any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....the Government in P.S. Case No. 889 of 1965-66. The order of settlement was, however, cancelled on 10.3.81 on the allegation that the appellant had transferred the aforesaid land to his brothers by registered kabalas without the settlement being finally approved. The appellant brought O.C. Suit No......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......n given by the learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....bitri Bala, defendant Nos. 1-4, sons of Sabitri's brother, came to possess the suit land. Plaintiffs in good faith believing that they were the lawful heirs of Sabitri purchased from them, by two registered kabalas, the property described in the schedule to the plaint. Later on, it was found tha......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......notice on the parties including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......ion was justified in the special facts and circumstances of the case. 5. It has been urged by the learned counsel for the appellants that the cause of death of the victim having been stated in the post mortem report to be some other (heart failure, old age, etc.) than infliction of the alleged in......and Lokman Hossain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......ead with section 34 of the Penal Code, the fact that after the assault the accused ran away together was considered along with other evidence on record. 17. P.W.9 Dr. Binod Behari Shaha who held post mortem examination on the dead body of the deceased, however, opined that the death was due t......iolation of the order of injunction………………………..(22) Cases Referred to- Safdar Ali Vs. The Crown, 5 DLR (FC) 107 at p. 109. Samiruddin Ahmed @ Samir Mia Vs. The State 1988 BLD (AD) 157; Gorchand Gope, BLR (Supplementary Volume) 443 (FB); Mahbub Shah Vs. Emperor AIR 1945 PC 118..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127......., Class II Officers, named below are appointed to act, until further orders, as Circle Officers (Revenue) and their services are placed at disposal of the Board of Revenue, East Pakistan, for their posting to different stations. 130. Mr. Ismail Hossain. By order of Governor, M.H. Rahma...... no reason for interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....f the High Court in a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consid...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... CWN (PC) 552; N.S. Venkatagiri Ayyangar & another Vs. The Hindu Religions Endowments Board, Madras, 53 CWN (PC) 458; Ramjan Khan @ Ramjan Ali Khan Vs. Obaidul Huq Chowdhury & others, 28 DLR (AD) 57. Lawyers Involved: M.H. Khandokar, Senior Advocate, instructed by S.M. Huq, Advocat..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....above. 2. The facts for consideration of this appeal are that the Kabala under pre-emption was executed on 26-7-72, it was presented for registration before the Sub-Registrar on 29-7-72 and was registered under section 60 of the Registration Act on 11-8-72. Three days earlier to the registrati...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... First Appellate Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... fairly deal with her case, held that the loss of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to such findings, directed her reinstatement in her former post with full back wages and continuity in service. The petitioner having moved the High Court in...... For the foregoing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......nformation Report with the Madaripur Police Station. P. W.11 Mr. Matiur Rahman, Sub-Inspector of Police came to the place of occurrence and after holding inquest sent the dead body to Madaripur for post mortem examination. P.W.11 after holding investigation submitted charge sheet against the respo......ar and Akkel Ali Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... 1950 hereinafter referred to as "the Act," in the Court of the Additional Subordinate Judge, Noakhali being Miscellaneous case No. 6 of 1970, stating inter alia that the respondent Nos. 3 and 4 by a registered kabala dated 28th August 1969 transferred .34 acres of land of plot No.1594; .07 acres of......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... Ruhul Amin Mestory Vs. Fazar Banu (1969) 21 DLR 647; Serajuddin Ahmed Vs. Sadar Ali (1970) 22 DLR 64; Tamijuddin Ahmed Vs. Guljan Bibi (1974) 26 DLR 93; Motilal Sikder Vs. Binodin Das (1976) 28 DLR (AD) 5; Behari Lal Roy Vs. Pullin Behari Paul, 38 CWN 654; Surabala Basu Vs. Rukmini Kanta Barman Roy..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......ed against the respondent four years earlier and some of those charges were actually disproved and the rest were found to be unfounded in an enquiry held on the application to the respondent from the post of receiver of the property. The High Court passed the order after arriving at the conclusion t......Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 447; Emperor Vs. Khawaja Nazir Ahmed, AIR 1..Category: Criminal Law | Date: | Hits: 95
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......chauki at his residence and P.W.2 Maksudur Rahman and others told him that Shanu was murdered by accused Enamul Haq. P.W.11, Dr. Habibur Rahman, Medical Officer, Sadar Hospital, and Patuakhali held post-mortem examination over the deadbody of deceased Shajahan @ Shanu brought and identified by co...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....on and Tenancy Act stating, inter alia, that the pre-emptor is co-sharer in the case holding by purchase and the opposite party No.2 transferred the case land in favour of opposite party No.1 by a registered kabala dated 04.03.1976 for a consideration of Tk. 2,000/- without serving of any notice ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ...... a valid one. We find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ion dated 7.10.2004 passed by the respondent No. 2 for holding by-election with the previous candidates except the petitioner. 2. On the basis of notification for holding by-election to the post of Chairman, the petitioner along with others filed nomination paper on 1.1.2003. On 2.1.2003......n that view of the matter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ..Category: Election Law | Date: | Hits: 116
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......'s service under the Government. He was absorbed as a surplus officer as Assistant Director in the N.S.I. It is also not disputed that under the N.S.I, the respondent was absorbed in an equivalent post and not in a higher post. So, in our view, there is no cogent reason to deprive the respondent.........................................Respondent Judgment August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney General instructed by M...Category: Administrative Law | Date: | Hits: 111
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