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Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......Reported in: 36 DLR (AD) (1984) 188. ......rom Mofiz and Mohim did not confer any title on the plaintiff. Defendants, it was contended, were in possession and took pattan of the suit land by Amalnama. The trial Court on consideration of the evidence decreed the suit. Appellate Court, however, reversed the decision and allowed the appeal a..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ...... This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......e is prohibited from doing. It is imperative to find that the defendant had willfully disobeyed the order of the Court…………..(10) To find the defendant guilty for disobedience of injunction evidence is required to hold that the defendant had knowledge of the High Court’s Order and he del..Category: Civil Law | Date: | Hits: 114
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....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. ......d in: 36 DLR (AD) (1984) 156. ......r person besides her to look after the property of her husband. She also contended that the property was all along in her possession. 4. The learned District Judge on consideration of evidence led by both the parties held that the execution of the will was satisfactorily proved as t..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. ......ds convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ...... Prosecution witnesses were examined. No witness was examined on behalf of the Defence. The trial court convicted and sentenced the petitioner on materials on record and mainly on the evidence of P.Ws. 3, 6 and 9. Being aggrieved, the petitioner preferred the aforesaid crimi..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....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. ...... This Case is also Reported in: 36 DLR (AD) (1984) 146. ......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. ..Category: Property Law | Date: | Hits: 47
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......o costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......into on a revisional application. Dr. Hossain contends that the revisional court has got jurisdiction to see whether the finding as to bonafide requirement has been based on proper consideration of evidence on record particularly on correct Interpretation of section 18 of the Premises Rent Con..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......contemplate that reasoning should be given in case of acquittal. However, it is highly desirable that the Magistrate passing an order of acquittal should at least give some indications as to why on evidence the order of acquittal was given. Brief statement of reasons of acquittal should contain i..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... 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. ......anik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the order on due consideration of the facts and circumstances of the case.......is suit on some false allegations with intent to harass the defendants. The R.S. Khatian has been recorded in the names of the defendants. 5. The learned Munsif on a discussion of the evidence of the defendants alone without discussing the evidence of the plaintiff found that the pl..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......also Reported in: 36 DLR (AD) (1984) 82. ......Convention Act, 1911 to bring an action in court can be considered, whether the question of limitation being a mixed question of law and fact, can be decided without entering into evidence and hearing the suit on merit and plaint can be rejected under Order 7, rule 11 of the Ci..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......36 DLR (AD) (1984) 79. ...... the error in the records-of-rights due to the non-consideration of the fact of plaintiff's possession in the case land. The learned Counsel submits that the learned Munsif on consideration of evidence and report of the local investigation by Circle Officer (Dev) found plaintiff in pos..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......is also Reported in: 36 DLR (AD) (1984) 69. ......igh Court Division which was dismissed. 5. Leave to appeal was obtained by the defendant-appellant to consider whether the High Court Division has correctly construed the documentary evidence in ascertaining the nature and character of the lands in question and also whether t..Category: Property Law | Date: | Hits: 35
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....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. ......e High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......for the appellants, contends that the appellants were, in fact, discharged twice before on the same allegation and now they have faced the same allegation for the third time; but as there is no fresh evidence brought against them it is not at all open to the learned Magistrate to entertain the compl..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ......also Reported in: 36 DLR (AD) (1984) 52. ......another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, deliv..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ....... This Case is also Reported in: 36 DLR (AD) (1984) 48. ......ed from eviction except on the ground of violation of the terms of the tenancy as laid down in section 7(5) of the Non-Agricultural Tenancy Act. 3. The trial Court on consideration of evidence found that after destruction of the original tenancy by fire a new bharatia tenancy more o..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... 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. ......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. ......d of 6 months. 6. On appeal by the accused respondents, the learned Session Judge set aside the order of conviction holding, inter alia, that Exts. 2-2(b) are not genuine and further there was no evidence to hold that Ext. 2(c) was ante-dated by the accused respondents. 7. The complainant ap..Category: Anti-Corruption Laws | Date: | Hits: 112
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. ......Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......first information report or the complaint even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged in such cases. No question of appreciating evidence arises, it is a matter merely of looking at the complaint or the First Information Report t..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....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. ...... ......on of the decree. The Executing Court dismissed the Miscellaneous Case, holding, among other things, that the alleged death of the defendants was not proved by producing any authentic and reliable evidence, such as Death Certificates. The lower Appellate Court, however, allowed the application h..Category: Others | Date: | Hits: 97
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. ......e the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... 4. In this case leave was granted to consider whether the learned Judges of the High Court Division erred in law in upholding the conviction and sentence of the appellant on the basis of the evidence of only one eye‑witness PW 2 Rowshan Ara @ Mina which was not corroborated and subst..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......ordance with law. The appeal is allowed without any order as to cost. Ed....... to the said provisions of section 19 the onus is on him to prove that the ground on which he deposited the rent with the Rent Controller exists. 11. Now in the present case there is absolutely no evidence that the defendant ever offered any rent or sent the same by money order to the plaintiffs ..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ...... Ed. ...... and social status. The suit premise is not needed for any addition, alteration and renovation and the plaintiff has not referred to any approved building plan either. 4. In his evidence the plaintiff as PW 1 stated that he was very old and suffered from blood‑pressure ..Category: Property Law | Date: | Hits: 26
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