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Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....al was preferred which was also dismissed. Thereupon the defendant filed a suit, T.S. No. 72 of 1962 under section 77 of the Registration Act which was decreed on contest and the sale-deed was registered on 6 March 1963. The plaintiff then filed this suit, T.S. No. 532 of 1969, for a declar......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....;lusive transaction and, further, it was not done for the legal necessity of the deity. The appellate court found overwriting on the patta and on the rent-receipts. The patta was neither registered nor written on a stamp-paper. The appellate court upheld the findings of the trial court......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....7 pakhis of land in 1935 and subsequently sold the said land to Alfazuddin Ahmed in 1939. Thus Alfazuddin acquired by purchase the entire suit land. Till his death in 1962 he executed as many as 7 registered kabuliyat during the period of 1936-1961 and after his death his heirs defendants 1 to 7......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ...... Judgment March 16, 1980. Cases Referred to- Haroon Mia (1952) 4 DLR 114 ; Bindhu Bala (1952) 4 DLR 293; Maharaja B. Singh (1953) 5 DLR 251; Jalil Sikder (1975) 27 DLR (AD) 143; Mohar Ali (1977) 27 DLR 451; Izat B. Sarkar 21 DLR S.C, 444; Subah Lai AIR 1932 (All) 393;..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....e place of occurrence from a nearby village where he went on tour. He recorded the ejahar at about 12 O' clock on 18th September 1979. This ejahar was then sent to Thana where A.S.I. Mr. Sekander Ali registered the same after filling up the F.I.R. form on the same date. 5. P.W. 7 Abdul Wahab Khan......the occurrence itself, recognition of the assailants and cause of assault by them. Her evidence seemed to be quite clear and straight forward, and, in spite of a few minor acts and conduct in the post-event period during investigation relating to matters other than the occurrence, it has remai......inst the appellants is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....sale on accepting Tk. 47,000/- to be deposited by the plaintiff in the trial Court within 10 days from the date of judgment and on their failure to do so, plaintiff was to get the kabala executed and registered through court, but upon appeal by respondent No. 1(d), being First Appeal No. 17 (C) of 1......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......es Referred to- Bhagwan Singh vs. Ujagar Singh, AIR 1928 PC 20; Chunder Dhutt Misser Vs. Bhagwat Narain Thakur (1898-99) 3 CWN 207; Secretary, Ministry of Industries Vs. Saleh Ahmed(1981) BLD 91 AD; Planters (Bangladesh) Ltd. Vs. Mohaluxmi Book Ltd. (1985) 37 DLR 129 AD; Profulla Choron Requitt..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......eason for not setting aside the respondent's election hot for maintaining It, The reason was that the Tribunal was not sure whether the "double marks" on the 68 ballot-papers of the respondent were post-election manipulations or were in existence al the lime of counting of those ballot-papers by t......ho is alone empowered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51; Nurul Islam V. Munsif, Election Tribunal 28 DLR (Dhaka) 375. Lawyers Involved: Syed Is..Category: Election Law | Date: | Hits: 140
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....t Class, Natore by his order dated 11.3.77. On receipt of the commitment order the Sessions Judge, Rajshahi took cognizance under section 302 Penal Code on 15.6.77 and the aforesaid Sessions Case was registered. The accused were on bail and their sureties were directed to produce them on 25.7.77 by ......nced before the promulgation of the new law the trial ought to have proceeded under the old procedural rules. It has been held thereafter which is relevant for our purpose that it is not correct to postulate that with the commitment itself the trial of the case can be said to have started. There m......ts guilty there under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....distance intervening between the two mouzas. From Ext. 1(a) which is a certified copy of the map of Salimabad it is seen that there is a hat in Salimabad mouza in the year 1850. Ext. 2 which is a registered kabala showing transfer of some lands in Salimabad Chandganj hat within mouza Tebaria has......ound in Order 47, rule 1 when review can be had under certain circumstances, one of which is ''error apparent on the face of the record" which obviously refers to a question of fact but section 115 postulates it must be an error of law. 84. The learned Single Judge has based his conclusion that......ndra Roy Chowdhury vs. Kristo Chandra Sana Sardar, AIR 1920 Cal 255 at p. 256; Rex v. Marsden (1765) 3 Burr. 1812; Hammenton, Earl of Dysart, 1916 AC 57; Dr. Nurul lslam vs. Bangladesh, 1981 BLD 140 (AD); Secretary of State vs. Tameside, (1976) 3 All E.R, 665; Batuk vs. Surat Municipality, AIR 1953,..Category: Property Law | Date: | Hits: 202
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... Ali. 7. Referring to the provisions of amended section 6 of Act No. XI of 1859 the learned Counsel submitted that there being no proof that the notices were sent to the proprietor of the jote by registered post, the alleged auction sale did not affect the appellants' right to the suit propert...... Referring to the provisions of amended section 6 of Act No. XI of 1859 the learned Counsel submitted that there being no proof that the notices were sent to the proprietor of the jote by registered post, the alleged auction sale did not affect the appellants' right to the suit property of jote N......2; Gobinda Lal Ray Vs. Ramjanam Misser, ILR 21 Cal. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AIR 1964 SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him)..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... Maijdee town. One Gagan Ali was admittedly its owner in possession. In fact he had only the possessor right therein. Case of the plaintiff-appellant is that Gagan Ali sold the premises to him by a registered sale-deed dated 8 December 1953 (Ext.l) and delivered possession to him. Thereafter he po......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......o- Jessel M. R. in Re. Stringer's Estate, page 384 L.R. 6 Chi; J. M. Singh v. Baldeo Singh. 49 I. A. 299; Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29; Abdus Satter vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....ooperative society, the objects of which include the creation not funds to be lent to members on long terms upon mortgage of their immovable property; and a "co operative society" means a society registered under this Act. Status and management of co-operative societies have been described in ......tgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as such he lies out side the ambit of Article 1......d with the respondent even though civil service rules were not applicable to him. The Appeal is allowed…..(17 & 18) Case Referred to- Dr. Nurul Islam Vs. Government of Bangladesh, 33 DLR (AD) 371; B S I Corporation Vs. Mahbub Hossain, 29 DLR (AD) 41; Gould Vs. Minister of National Insura..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......m slept on a chowki in the east bhiti hut of Muzaffar, the western door of which was open. At about 3 A.M., he said, he saw through this door six persons, all armed, entering the hut in an aggressive posture. He claimed to have recognized all, of these persons who are Mujaffar, appellant Jaida and a...... allowed, their conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....(a) that the application under sections 38 and 162 of the Companies Act cannot be joined together. The petition is liable to be dismissed on the ground of mis-joinder,(b) the respondents could not be registered as share-holder in place of late M. A. Jalil inasmuch as the heirs did non file any Succe...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......e and it is directed that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....hat the suit plot being part of C.S. plot No. 936 along with C.S. plot Nos. 940 and 941 belonged to Shashi Bhushan Roy and Trial Charan Bhattacharjee the plaintiffs purchased the suit property by a registered kabala dated 31st Sraban, 1368 B.S. The vendor of the plaintiffs had been possessing thei......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......of the High Court Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....ondent filed Miscellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......sion is hereby set aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....ants. Two suits were in respect of two distinct tenancies, which are shop rooms situated in the Municipal holding No. 7 A.B. Guha Road, Mymensingh, which the respondent claimed to have purchased by registered kabala dated 29.7.63. In the case of Nurul Islam, the decree was passed and he had been e....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......eal is allowed. Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....eal in the erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on the 22nd Novem......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....ppeals are by special leave. They are by the Commissioner of Income-tax, Dacca and the Income-tax Officer, Companies Circle II and arise out of three writ petitions filed by the respondent, a Company registered under the Companies Act, in the erstwhile High Court of East Pakistan. In the writ petiti......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......n that the earlier service rendered as Coin/Note Examiners, Typists and Punching Machine Operators would be taken into account for determining the minimum qualifying service for promotion to the post of clerks Grade-I. After emergence of Bangladesh, Bangladesh Bank (temporary) Order, 1971 (Acti......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....gh Court Division in a second appeal. The second appeal arose out of a suit for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferred to the defendant Haji Abdur Rahman by a Kabala dated ......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... the transferor personally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
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