Search Options
Judgment Advanced Search
Displaying 3421-3440 of 3988 results.
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....cuted but the plaintiff continued to possess the suit land. Thereafter on 2.9.72 the Sub-Divisional Officer, Sadar (South), Mymensingh issued a notice upon the plaintiff to vacate the suit premises claiming it to be an abandoned property. His objection petition was rejected by the S.D.O. an......ciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half he......le in peaceful possession of the suit property contracted to sell the suit land, its building thereon to the plaintiff for a consideration, of Taka 12,000 and on receipt of the entire consideration money executed a Bainapatra in his favour on 15.1.71 and handed over the possession of the suit pro..Category: Property Law | Date: | Hits: 30
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
.... Judgment May 31, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of th......med J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from Tk. 5000/- to Tk. 39,000/-. 2. The appellant fil......rsquo;s argument. The decision reported in 45 ILR as relied upon by Mr. Shahabuddin Ahmed appears to cover both law and fact of the instant case. There the plaintiff filed the suit for recovery of money due on a mortgage of the 1st April, 1915. There was a previous mortgage dated 7 January, 1914..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Ahmed & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled t......o. 1 issued two cheques, one for Tk. 6,500/- and another for Tk. 19.000/- totaling Tk. 25,500/- towards the repayment but immediately sent a telegram from Chittagong stating that there is shortage of money in his account and cheque need not be presented. Subsequently it seems the parties have made..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....improvement thereupon was sought to be made and the said judgment debtor was traced out to be "defendant No. 22'' of the suit. The son of deceased defendant No. 22 was brought as a witness who claimed that his father had died many years ago, such as eight or nine years. The trial Court hesit......the 1st Court of Munsif, Mymensingh, against the respondents and many other defendants. Details of the suit which proceeded in a zigzag way need not be given. The suit was decreed in a preliminary form on 16 February 1974 by the lower Appellate Court upon setting aside the judgment of the trial ......any costs. The judgment 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) 5. ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......, 1983. The Civil Procedure Code, 1908 (V of 1908), Section 48 (1) (a) (b) The Limitation Act, 1908 (XI of 1908), Article 182 Twelve years is the highest period of limitation for execution of a decree under clause (a) and (b) of section 48(1) of the Code of Civil Procedure.......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....rred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in a proceeding for pre-emption……………..(5) ......to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in a proceeding for pre-emption……………..(5) Power of revision under section 115(1) C.P.C. may be ex...... 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
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....of res judicata as the previous Title Suit No. 22 of 1982 was dismissed. 4. The learned Assistant Judge by his judgment dated 11 July, 1984 decreed the suit upon finding that the defendant cannot claim protection from eviction as he has been proved to be a defaulter. As regards bonafide requirem......h Court Division, Jessore Session in Civil Revision No. 246 of 1986). Judgment: ATM Afzal J.- This appeal by the plaintiffs' following leave, arises out of a suit, Title Suit No. 432 of 1983, for ejectment of the defendant respondent, a monthly tenant, from the suit premises and is directe......g month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with th..Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......usband, appellant Jatin Chandra Sit. The Sessions Judge, Patuakhali found the appellant guilty under section 304 Part I and section 201 of the Penal Code and sentenced him to rigorous imprisonment for 10 (ten) years under the first Count and to 5 (five) years under the second, making the sentenc...... neighbour. Jatin developed illicit relationship with Saya Rani, daughter of accused Bijoy, after a peaceful married life of one year. At the same time, he began to put pressure for realisation of money on account of dowry and started ill-treating and torturing his wife Usha Rani. There was Shal..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....t Division allowed the appeal in part and upheld the award in part. The High Court Division found that the Arbitrator left another dispute undecided, namely, whether the supplementary tender items claimed by the Contractor were admissible or not. The High Court Division remitted the Award to the......the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 378 of 1988 rejecting the application filed by the defendant-appellant under Order VII, rule 11 (d) of the Code of Civil Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be dis......ng applied his mind to the facts of the case the Superintending Engineer came to a clear decision that the amount determined by him has to be paid to the Contractor, He was aware that there was no money sanctioned for road development in the current financial year. The Airport Road has since be..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....the trial Court, the High Court Division found. 14. Nor did the High Court Division itself consider this aspect of the defence case in any depth. The respondents did not claim in their joint written statement that after December 1982 Sunil was working as an employee of...... (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifuddin Chaklader, Advocate-on-Record for Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 o......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
.... 2. Plaintiff 1 and 2, defendant No. 3 and Mati Miah, predecessor-in-interest of defendant Nos.1 and 2, are admittedly four full brothers. Mati Miah was the eldest and literate. The plaintiffs claim that all the lands in all the schedules were either purchased or exchanged from the joint fa......y leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and '......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....vely for the purpose of making illegal gain of the valuable Government property at a nominal price of Tk. 3,00,000.00 only. 6. The appellant in his application before the High Court Division claimed that Abdul Khaleque Bain is a national and permanent citizen of Bangladesh and he never le......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su...... on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/- being 15% of the bid money in favour of the Executive Engineer (Maintenance) PWD, but the Ministry of Public Works coul..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... 5.1.79 the respondents were alleged to have been found along with the deceased (third circumstance) by two other witnesses, namely, PW 11 Shahjahan Bepari and PW 12 Sekandar Ali. These two witnesses claimed to have seen all the three boys on the bank of the river Kumar in Char Prasannadi Mouza some......f the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is ......ns 302/109 Penal Code to which they pleaded not guilty. 15. The defence taken was that the deceased was a bad boy and he used to mix with other bad boys. He used to go out from his house taking money. The respondents were not in any way connected with Khairul's murder but they were falsely..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. ......the respondents. Respondent No. 1, Central Inland Water Transport Corporation Limited, defendant No. 2 in the suit, entered appearance on 28th November, 1980 and filed as many as eight applications for time for filing written statement. The last application for time, filed on 8th April, 1982, was......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. ..Category: Procedural Law | Date: | Hits: 104
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... 2, 1991. Lawyers Involved: Sultan Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-Respondents. Criminal Petition for leave to Appeal No. 26 of 1991. (From the Judgment and order dated 24.2.91 passed by the......ecure for him a highly-paid job in Abu Dhabi. In February 1990 the complainant paid him a further sum of Tk. 12,000.00 but later on the accused petitioner completely denied having received any money from the complainant. The accused-petitioner thus cheated the complainant on holding out a f..Category: Criminal Law | Date: | Hits: 34
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....of the Code of Civil Procedure; the term indicates that for the sake of form the so‑called proforma defendant was made a party in the suit. In the instant case although no relief has been claimed against defendant Nos. 2 and 3, the claim of the plaintiff is based on the averment that h......als, Civil Appeal No. 19 of 1990 and Civil Appeal No. 20 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 ......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. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
.... all along. The question whether the property is a vested property or not has not been an issue in this proceeding and we must proceed on the assumption that the property is a vested property (and claimed by the appellants as exchange property) as will appear from the impugned order of the Gover......from Judgment and Order dated 9 April, 1987, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. 2. The appellants filed the aforesaid writ petition against respondents Nos. 1-4 challenging the legality of the Memo No. Da-73/......neness, give effect to the exchange by execution of necessary deed of transfer in favour of the refugee/expellee concerned on behalf of the migrant. It provided that in either case no consideration money other than annual land revenue should be charged for such transfer or settlement. A power of..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....right on the basis of the purchase by their predecessors-in-interest Fazar Mi and others from Priyanath Das in 1928. They denied the auction sale in favour of Jatindra and Basanta on 20.11.1931 and claimed that the said auction purchasers never possessed the suit land. They also supported the pla......d decree of the Trial Court dismissing the suit, 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 Maji...... The sale took place on 18.5.50 and was confirmed on 4.7.50. A patni sale does not need confirmation. It becomes final and conclusive on payment by the purchaser of the full amount of the purchase money. Hence the suit should have been filed within one year from 19.5.50. The suit having been fil..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... C were underscored and it was not appreciated that those documents were sufficient to rebut the presumption of correctness of the said records of right. Evidently the plaintiffs do not and cannot claim title on the basis of any adverse possession even though they and their predecessors-in‑......Assistant Judge Sadar Chittagong. 2 One Abul Bashar, predecessor-in-interest of the respondents, instituted other suit No. 99 of 1968 in the Second Court of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them f...... 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. ..Category: Civil Law | Date: | Hits: 99
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......………………………..Respondent Judgment August, 1988. Criminal Appeal No. 7 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supportable either in la......al of his case. We find that such a condition for the bail is quite reasonable and can be complied with by the person seeking bail without any difficulty; but payment of fine involving huge amount of money, as in this case, may not be possible and the purpose of granting bail may be defeated if pa..Category: Criminal Law | Date: | Hits: 56
18131809180718061805180418021799179817961794179117901789178717791777177617671720