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Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....te Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three years and after the ex......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. The Minist...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......went there and saw the dead body of deceased Khairul Alam in the mustard field. PW 13 Kashem and PW 19 Shahabuddin Ahmed wrote a petition (Ext. 2) and filed the same at Sindhiaghat floating police outpost. PW 22 Sub-Inspector Atior Rahman, attached to Sindhiaghat police outpost received the petition...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....st Court of Munsif, Pirojpur for a declaration that he purchased the respective suit lands from proforma defendant Nos. 2 and 3 (Respondent Nos. 3 and 4‑6) for valuable consideration by three registered Kabalas in the name of defendant No. 1 Sarbeswar Ghose. The latter's heirs are responden......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. ......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)
....n 1950 the then Government of East Pakistan requisitioned the said property of aforesaid Proddyut Kumar Bose for accommodation of Government employees. 3. By a deed of exchange executed and registered on 28.4.64 (Annexure Q the appellants exchanged their property in Murshidabad with said ......ure of the Government to follow clause 12 of the deed of settlement impliedly negatived ground Nos. I and III above. As to ground No. 11, the High Court Division observed that it was absolutely preposterous to claim that by circular dated 1.7.70 the Deputy Commissioners or the Additional Deputy ......e E) sent the petition of the appellants to the Additional Deputy Commissioner (Rev.), Dhaka, for taking necessary action in the matter. 5. While the matter was pending consideration by the ADC (Rev.) Dhaka, Memo No. 5177(18) VP 497 dated 29.11.77 (Annexure F) was circulated by the Minist..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... 5, 6, 7 and 9 of mouza Pahartali. One Korban Ali had 14 annas share in Khatian No. 5 which was inherited by his son and on his death it devolved upon Nur Hossain who sold it to the plaintiff by a registered kabala dated 1.9.1964 for Tk. 4000/-. The legal heirs of the recorded tenant in RS Khati...... 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. ...... 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
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......ot see anyone to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW 11, Dr. Md. Hafizur Rahman found ecchymosis on various p......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......, which was filed by the respondent before us. 2. The respondent, Mohammad Sanaullah, was first appointed as an ordinary employee in the Nishat Jute Mills Ltd. in 1962 and he was promoted to the post of Assistant Production Officer on 1 July 1982. While he was serving as such in this Mill the C......ourt Division is set-aside and of the trial court dismissing the suit is restored……….(9 & 10) Cases Referred to- Bangladesh Jute Mill Corporation Vs. Golam Moula Ahsan Chowdhury, 1985 BLD (AD) 187, New Dhaka Industries Ltd. v. Quamrul Huda, 31 DLR (AD) 234, Bangladesh Freedom Fighters W..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......y i.e. 31.3.70. Inquest of the dead body was held in the Hospital by S.I. Nurul Hoq (P.W.1) and then the body was sent to Morgue for Post-mortem examination. Doctor Abdul Momin Chowdhury (P.W.3) held post-mortem examination of the deceased and found as many as 15 incised wounds on his person, three ......of acquittal and therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ...... in part. The order as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
.... Case No. 7(5)85 under Section 302/149/148/147/325/307/109/201 of the Penal Code. 5. Police upon investigation submitted charge-sheet in both the cases. Tongibari P.S. case No. 6 dated 22.5.85 was registered as Sessions CaseNo.30 of 1987 in the Court of Sessions Judge Munshiganj and Tongibari P.S......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ccused of Sessions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
.... the suit property. Upon execution of the said agreement the plaintiffs were delivered part possession of the suit property. Thereafter on 10.10.69 the plaintiffs purchased the suit property by two registered kabalas Ext. 2 and 2(ka). The defendant was a monthly tenant under the plaintiffs' vend......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......iew of the discussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....At the time of the hearing of the appeal only one ground was advanced with regard to the consideration of the documents, by the appellate Court, not marked as exhibits. 7. The pre-emptor filed a registered kabala dated 13th February, 1956 (exhibit-1) which shows that he purchased a portion of t...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......terest on the pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....sputed land was settled with defendant Nos. 1 and 2 possession was delivered to them in Case No. XII-M-717 of 1969-70 and No. Xn-M-718 of 1969-70. Two kabuliyats were executed by the defendants and registered on 21st June 1974. Defendants asserted possession of 6 acres of land. They denied title a......ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ...... 17. In the result, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....intly purchased land. Jahanara Begum constructed pucca wall on three sides of her portion and while she had been possessing the suit land peacefully she transferred .065 lands to the appellant by a registered kabala for Tk. 50,000/- on 29th April 1981. 3. Since the purchase the appellant has be...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......ecree-holder of the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....inst a number of persons and thereupon the G.R. Case No. 106 of 1980 was started. This case was sent by the Magistrate to the Court of Session, Faridpur (subsequently, Shariatpur) for trial and was registered as Sessions Case No. 51 of 1981. This case, it appears, is still pending for trial before......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......mpugned order of the High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......plain paper ejahar from O.C. Abdul Mannan (P.W. 22). Among the Official witnesses P.W. 21 is a magistrate who recorded the confessional statement (Ext.4) of appellant No.3 Daud Hossain and P.W.6 held post mortem examination of deceased Efaz Hossain. The material witnesses who sought to prove the pro......nviction and sentence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....in Khan Chowdhury and Mr. Justice Latifur Rahman) passed in Writ-Petition No. 307 of 1985 on 12th September 1985 vacating the order by the same Bench on 5lh September 1985. 2. Appellant which is a registered Samity under the Co-operative societies Act was granted lease of five Fisheries in Charan......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......s. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ho died leaving son janu Miah and daughter Amena Khatun. Thus Jaitun Bibi, Janu Miah and Amena Khatun inherited the suit land and they sold the same to the plaintiff and defendant Nos. 2 and 3 by two registered kabalas died 193.63 and 233.63 respectively. Thereafter defendants 2 and 3 sold their int......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......eal is allowed without any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..Category: Property Law | Date: | Hits: 43
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......difference between the seals was visible by naked eye and it was held that the said ballots were correctly declared invalid. It was also mentioned in the said order that no proof was available of any post election tampering of election materials. It seems that the appellant raised some new & further......ay seem though that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
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