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Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)

....So he pressed the defendant to vacate when the defendant said that he would be vacating on securing an alternative accommodation; the defendant did not do so, therefore, finally plaintiff served a registered notice on 6.4.64 asking the defendant to vacate the suit premises within 7 days, whereup......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ...... the matter this appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..

Category: Property Law | Date: | Hits: 24

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....Trust obtained a compromise decree against the Dhaka Nowab Courts of Wards Estate in Title Suit No. 130 of 1957 and the decree was passed on 3.9.59. The decree contemplated registration of certain registered deed of transfer and transfer of possession of the decretal property to the appellant. T......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......lt, therefore, appeal is allowed. No order as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..

Category: Property Law | Date: | Hits: 39

Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)

....plaintiffs to whom no offer of rent was made by them. 2. Defendants-respondents were admitted­ly monthly tenants of one Parul Bala Ghose and they paid rent to her upto Augrahayan 1381 B. S. By a registered sale deed dated 25th Ashar 1382 B.S. corresponding to 10 July, 1975 Parul Bala Ghose tran......owed. The impugned order of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......, the appeal is allowed. The impugned order of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..

Category: Tenancy Law | Date: | Hits: 166

Sadullah Pramanik & ors. Vs. Md. Khalilur Rah­man & ors., 1984, 13 CLC (AD)

....admitted to be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared b......ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ppeal is dismi­ssed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..

Category: Property Law | Date: | Hits: 27

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

.... Facts are as follows: The appellant was the Depot-in-Charge, Bogra Sales Depot of Glaxo Bangladesh Ltd., a company incorporated in Bangladesh under the Companies Act, 1913 having its registered office at Fouzdarhat Industrial Area, in the district of Chittagong. The respondent was ......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......th sympathetic consideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

....sale-deeds, being re­gistered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by Hari­charan to third parties a few years before his death. The thumb impressions in those registered documents were taken by the learned District Judge as "standard thumb impressions o......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ...... allowed. The impugned judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..

Category: Property Law | Date: | Hits: 118

Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)

....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......e of Tk. 1000/-, in default, to further rigorous imprisonment for three months. 3. Petitioner who is an M.B.B.S. was a Demonstrator in the Dhaka Medical College Hospital in 1970. He held a post mortem examination on the dead body of Nurjahan Begum @ Sultan Begum, wife of Sk. Zahid Hussai......ws of the country which do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ..

Category: Criminal Law | Date: | Hits: 58

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....ty held thorough enquiry, inspected relevant documents, examined witnesses and thereafter submitted a report to the Government expressing the view that the property being a private limited company registered in the territory now comprising Bangladesh and the Directors of the share-holders of the......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......ellaneous Case No. 958 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..

Category: Property Law | Date: | Hits: 47

Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)

....that the suit land previously belonged to Nafar Roy who after possessing the suit land died leaving 2 sons, Basu and Suvia Roy who being in possession of the suit land sold it to one Felu Mondal by registered kabala dated 30.5.1927: thereafter, Felu Mondal possessed the suit land and died leaving...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......er section 115 C.P.C. is confirmed…………….(10)  Cases Referred to- Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 28 DLR 159 (AD); Mt. Bibi Mariam Vs. Surajmal and others, AIR 1936, Patna 591; Katragadda China Ramaya Vs. Chi..

Category: Property Law | Date: | Hits: 30

Bangladesh Agricul­tural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)

....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......g upon him and that he had been still in service. 2. Facts as stated in the plaint are that the plaintiff-respondent was appointed as L.D.C. on December 18, 1965 and promoted to the higher post of Clerk-cum-Store-Keeper on September 1, 1966. On January 12, 1978 he was again promoted to t......nd promoted to the higher post of Clerk-cum-Store-Keeper on September 1, 1966. On January 12, 1978 he was again promoted to the post of Senior Store Keeper. In this capacity he had been serving at BADC, Movement, Transit Godown at Narayanganj and had been functioning as a joint Convenor of BADC,..

Category: Employment/Service Law | Date: | Hits: 63

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....as Salam and another…………...........Appellants Vs. The State..............................Respondent Judgment May 23, 1983. Result: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate acce......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......nts. We do not find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..

Category: Criminal Law | Date: | Hits: 79

Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)

....iginally belonged to two sisters, namely Aziza Bibi and Hazera Bibi in equal shares and while they had been in possession of the same, Hazera Bibi sold her share of the suit land to Aziza Bibi by a registered sale deed dated 24.2.1970 and thus Aziza Bibi became 16 annas owner of the property. The......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......trial Court and in this view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..

Category: Property Law | Date: | Hits: 30

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

.... and before his death the said Asiruddin executed three kabalas in favour of Saleha, Ishaque Uddin and his wife Rahima Khatun and complainant Tofazzal Hossain conveying 13 bighas of land and got them registered on Commission at his house on 5-5-65. Further prosecution case was that respondent No. 1 ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... and accordingly it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..

Category: Anti-Corruption Laws | Date: | Hits: 112

Abdul Karim Meah Vs. Arch Bishop, Chris­tian Missionaries and another, 1984, 13 CLC (AD)

.... returned the plaint on the ground that the claim in the suit exceeded his pecuniary juris­diction. The plaintiff then filed the suit in the 4th Court of Subordinate Judge, Dhaka, where it was registered as Money Suit No. 27 of 1979, and also made an application for raising his claim to Tk. ......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... allowed with costs. The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 38. ..

Category: Civil Law | Date: | Hits: 87

Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)

....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ......peal No. 128 of 1973 on March 12, 1981. 2. The appellant filed Title Suit No. 12 of 1970 in the court of Subordinate Judge, Dhaka for a declaration that the order of reversion to his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what ......e court for declaring the impugned order illegal……………….(19)  Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohammad Siraj Vs Pakistan, PLD 1967 Dacca 820; Mokhtar Ahmed Vs. Mohammad Hossain, PLD 19..

Category: Employment/Service Law | Date: | Hits: 105

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

..... The application was liable to be sum­marily rejected but a direction should have been given to expedite the investigation, with­in a definite time. Instead, a Rule was issued, the application was registered as Crl. Revi­sion No. 54 of 1977 on 31 January 1977 and all further proceedings, includi......dered the scope of section 561A Cr.P.C. and categories of cases for quashing before the trial. So was held:  “Interference even at on initial stage may be justified when the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further p......the Penal Code cannot be maintained, the question that calls for determination is whether the instant proceedings is liable to be quashed. In the case of Abdul Quader Chowdhury Vs. the State, 28 DLR (AD) 39, the Appellate Division of the Supreme Court duly considered the scope of section 561A Cr.P.C..

Category: Criminal Law | Date: | Hits: 146

Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)

.... Civil Revision No. 278 of 1981 which originated from Misc. Case No. 206 of 1977 of the Court of Munsiff, Faridpur. It was filed by respondent No. 1 claiming pre-emption of a land transferred under a registered sale-deed dated 10 June 1975. The land was transferred by respondent No. 2 to 6 to the ap...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......re with the impugned order of the High Court Division in this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..

Category: Property Law | Date: | Hits: 122

Abdul Quddus Vs. The State, 1991, 20 CLC (AD)

.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......er seizure list witness. PW 13 Sub‑Inspector Kazi Anwarul Islam recorded the First Information Report. PW 14 Dr. Md. Shamsul Haque, the Resident Medical Officer of Pabna Sadar Hospital held post mortem examination on the dead body of deceased Dilara and found the following injuries: ...... Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korban Ali, Advocate, instructed by M Nowab Ali Advo..

Category: Criminal Law | Date: | Hits: 58

AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)

....Upazila, Kushtia on the averments, inter alia, that the suit premises belonged to one Abdus Sattar and the plaintiffs purchased the same along with other properties for valuable consideration by four registered kabalas dated 24.11.79 after publication in the local weekly 'Ispat' dated 25.8.79 that t......rder. If the rent remitted by money order is refused, the tenant can deposit the rent with the Rent Controller within a fortnight from the date of the receipt of the undelivered rent sent through the postal authority, and when these conditions as prescribed in the Ordinance are fulfilled by the tena................Plaintiff-Appellants Vs. Aftabuddin Ahmed .........................................Defendant-Respondent Judgment May 21, 1991. Cases Referred to- Ramjan Ali Mistry 31 DLR (AD) 183; Abu Layes 29 DLR (SC) 13 & Basiruddin Ahmed 36 DLR (AD) 191. Lawyers Involved: Am..

Category: Tenancy Law | Date: | Hits: 101

Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)

....ng Engineer calling upon him to pay the awarded amount of Tk. 5,59,680.02 within 7 days. A copy of the acknowledgement due receipt has also been filed showing that the legal notice was received by registered post on 15.5.88. Mr. Ahmed also submits that after filing of the Arbitration Miscellaneo......nter opor goruri vabe proyojoniyo babostha nin. Thikadarer pawna porishod kora dorker. Meramot khat hoyte uha porishod korun. Aponer office e ato deri hiylo kano protgibedon din. Shakhor/-osposto 3-5-88 otirikto prodhan prokowsholi” 13. The note shows that the A...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..

Category: Others | Date: | Hits: 88