Search Options
Judgment Advanced Search
Displaying 3441-3460 of 3862 results.
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......y and that has not been disputed. The line of argument is illogical because the line of reasoning is somewhat like this: after this, therefore because of this— a fallacious reasoning known in Latin post hoc, ergo propter hoc. For example: A died after his visit to Quetta. Therefore his visit to Qu......at and his mother lives here and his father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established…………………(29) Cases Referred to- 28 DLR (AD) 120; 30 DLR (SC) 101; AIR 1963 (SC) 1819; (1889) 14 App. Case 631 (636); 1928 A.C. 143 (164); (1..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....did not serve any notice under section 106 of the Transfer of Property Act determining the tenancy or demanding rents. Defendant-appellants did not receive any notice from the plaintiff-respondent by registered post or under certificate of posting on November 7, 1973 or any other date. 4. Defend......ve any notice under section 106 of the Transfer of Property Act determining the tenancy or demanding rents. Defendant-appellants did not receive any notice from the plaintiff-respondent by registered post or under certificate of posting on November 7, 1973 or any other date. 4. Defendant-appella......ten contract, they have become defaulters and cannot escape eviction. The appeal is dismissed…………………….(11) Cases Referred to- Ramjan Ali Mistry vs. Md Hedayetallah (1979) 31 DLR (AD) 183; Profullah Kumar Chakraborty vs. Anil Prosad Chowdhury, (1981) 33 DLR (AD) 55. Lawyers In..Category: Tenancy Law | Date: | Hits: 112
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....ss in support of their case but they filed certain documents which were marked Exhibits, "Ka” to "Uma", upon dispensing with their formal proof. Exhibit "Ka" is C.S. Khatian No.128. Ext. "Kha" is a registered partition deed dated 30.1.61 executed by Hamed Ali and Hajrat Ali. Ext. "Ga" is Heba-bil-......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......d to the trial court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
.... was in peaceful possession of the property. In December 1972 the Lodge Dhaka was renamed as the Dhaka Lodge. It seems a new society was formed with the members of the Dhaka Lodge Welfare Society and registered with the Registrar of Joint Stock Company by a resolution dated 12.9.1976. This change, w......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......s id produce these evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
.... in Appeal from Appellate Decree No. 41 of 1975). Judgement MH Rahman J. - This appeal is at the instance of defendant No.2. 2. The plaintiff claimed the suit land by virtue of purchase by a registered kabala dated 30th Falgoon 1353 B.S. corresponding to 14th March, 1947 A.D. At the time of......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......nces of the case the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
.... The Registration Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's do......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......appeal is allowed. The judgment of the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....laint petition lodged over the occurrence. The petition was taken to Paba P.S. by one Ibrahim Hossain (P.W.14) at 9-30 P.M. on the same day i.e. 14.3.68. The same was treated as F.I.R. and a case was registered. P.W. 17 Sultan Mahmud, Second Officer, Paba P.S. was asked to investigate the case who u......on the following morning and at about 7 a.m. on 20.3.68 the alleged dead body of Jamshed was brought out from a ditch, inquest was held and then the dead body was sent to Rajshahi Medical College for postmortem examination. Dr. A.K.S. Karim (P.W. 5) held the postmortem examination, found several cut......onviction and sentence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....ail at a consideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that t......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......hose of the trial court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......di to question the election of the returned candidate. This stand was also reiterated in the leave-petition as Ground No. 1 which reads: "For that the respondent No.1 being not a candidate for the post of Chairman of the Upazilla Parishad after withdrawal of his nomination paper and that he havin......ot no authority to hold the office. In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......t, 1983 made in Criminal Appeal No. 44 of 1983, Rangpur Bench. 2. Leave was granted by us to consider the contention raised on behalf of the State that in view of the definite opinion of the post-mortem doctor that the injuries in the vital parts of the body of the deceased, Shantu, resulte......nts is altered to a conviction under section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......ference 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 and......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....S. plot No. 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered deeds of sale in 1934 who transferred the entire plot No. 404 to her daughter Afia Khatu......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
..... P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandra Saha, who was admittedly ...... strong presumption is attached to it as the Privy Council stated in 33 I.A. 60 “what remains to be shown is that the person admitting execution before the Registrar was this Purshotam Das and no imposter. The question is one of fact except insofar as there was as matter of law a presumption t......3 (86); Reg vs. Hodges (1838); 28 DLR (1976) 437; AIR 1928 (Cab 705; Mohd. Cherag vs. Dullay Khan PLD 1954 (Dhaka) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by Shamsul Hoque Siddique, Ad..Category: Procedural Law | Date: | Hits: 115
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....n on 18.7.72 and filed a petition of complaint in the court of the S.D.O. Sadar. 12. The petition of complaint was forwarded to the Officer-in-Charge, Pirganj P.S. whereupon a case was registered at the P.S. on 24.7.72 treating the complaint as an F.I.R. On 15.12.72 some human bones ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......Regulation, 1979. Respondents came to know of the list in November 1981 when some of the 42 Senior Account Assistants who were below the respondents in the merit list were promoted to the next higher post as Junior Account Supervisor in July 1981. According to respondents, the seniority list prepa......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......July, 1976 that he got angry because the deceased married his uncle Ashabuddin's widow, Hafsa, and he killed the deceased by thrusting a knife in his abdomen. (vi) P.W. 8 Shamsuddin Ahmed who held postmortem examination on the deceased opined that the head and the beheaded body of the dead we......g the exculpatory element as inherently incredible." This view was approved in the AIR 1952 (S.C.) 354 and in 1963 (3) (SCR) 678. 24. In the case of Lutfun Nahar Begum Vs. The state 27 DLR (AD) 29 this Court quoted the observation of the Privy Council in Bhuboni Shahu Vs. The King, 76 Indi..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....ion thereof which are in occupation of allottees of the Government. The holding was in effective, control and management of the appellant since his purchase from the criminal owner under sale deed registered in 1965. Respondent-Government however, enlisted the same in the list of abandoned ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......angladesh represented by the Secretary, Ministry of Works & others……..Respondent Judgment November 9, 1986. Cases Referred to- AIR 1954 Call 208,34 DLR AD 25, AIR 1957 SC 354; AIR 1963 SC 780; Makhan Lal Chakraborty vs. S. K. Chatterjee, AIR 1954 Cal ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....they alleged a complete dead-lock that arose in the company's business due to serious difference of opinion and mutual distrust between the Chairman and the Managing Director. The company was registered under the name and style "Ciproco Computers Ltd." in June 1985. The business o......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....o. 122 of 1976 in the 1st Court of Munsif, Dhaka, which was subsequently renumbered as Title Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Defendant No. 2 sold by a registered Sale-deed dated 24 August 1959 (Ext.1) one bigha of land constituting the nor them part o...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......le against both the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... the engines and of all auxiliary systems and under the warrants of repair or replacement of any part or parts of the same for a period of one year. ARTICLE 8. The coasters shall be registered in the joint name of Bangladesh Shilpa Rin Sangstha and Tapashee Shipping Lines Lt......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
16851683168116771675167416681666166416631661165816571649164816471646164516421638