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Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)

....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......her a deed was obtained fraudulently and collusively can be raised and decided in a suit under section 77 of the Registration Act and the learned Single Judge was wrong in leaving this question for decision in a future suit by the aggrieved person. 5. Leave was granted to consider this qu..

Category: Property Law | Date: | Hits: 25

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......32. (3) A revision from every order passed in appeal by the District Judge under sub-section (2), if presented within ninety days from the date of such order, shall lie to the High Court, whose decision shall be final." 5. Mr. T.H. Khan learned Advocate for the respondent does dispute th..

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......invali­dated in view of the fact that there was no evidence that the defendant No.2 was in col­lusion with defendant No.1. Reliance was placed on Section 28 of the Registration Act and the decisions reported in ILR 1914 Calc­utta at page 972 and AIR 1925 Madras at page 430. Th..

Category: Property Law | Date: | Hits: 36

Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......r hand, contended that the appellant willfully neglected to comply with the provision of section even after the respondent had pointed out to defect on two occasions and that in the circumstances the decision in the case of Benode Bepari Saha is not applicable to the instant case. 4. Section 17(..

Category: Tenancy Law | Date: | Hits: 159

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......prosecution case for the proper estimation of the extent to which the charges may be held to have been proved, as is it to examine prosecution, case side by side which the defence case, in reaching a decision on the accused's special pleading. The verdict must be given not on any special pleading bu..

Category: Criminal Law | Date: | Hits: 64

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

....l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......assed by the High Court Division Dhaka in Second Appeal No.9 of 1968.) Judgment Shahabuddin Ahmed J.— In this appeal by special leave the principal question is whe­ther the decision of the lower Appellate Court, as confirmed in second appeal by the High Court Division, t..

Category: Property Law | Date: | Hits: 32

Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)

.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... Result: The petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public..

Category: Property Law | Date: | Hits: 55

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......wer is derived from the provisions of the Con­stitution. In support of these provisions, he referred to the provisions in the Constitution, now suspended, namely, Articles 104 and 105 and also a few decisions including that of the Supreme Court of Pakistan, which we shall presently consider. Let th..

Category: Constitutional Law | Date: | Hits: 149

Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......out six months. The learned Deputy Attorney General has argued that this absconsion sufficiently corroborates the confessional statement. In support of this argument he has referred to a number of decisions. 9. In the case of Gul Hassan and another V. The State, PLD 1969 SC 89, the abscon..

Category: Criminal Law | Date: | Hits: 63

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ......t and Opium Act provides a special procedure e.g. a preliminary enquiry before an Abkari Inspector who may summon witness. The Inspector's report is to be treated as a com­plaint & citing a decision of that Court reported in AIR 1923 Mad. 339, it was held that if a charge-sheet is pat in ..

Category: Criminal Law | Date: | Hits: 59

Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ...... and malafide." 8. As to whether plaintiff-appellant was entitled to the grant of temporary injunction pending her suit for the aforesaid declaration, appellant's Counsel relied on the decision of M/s. Hossain Ahmed vs. M/s. H.D. Hossain and Brothers (1980) 32 DLR 223 AD. He referred..

Category: Others | Date: | Hits: 84

Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)

....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

....angladesh when such right arising from part performance of a con­tract has been given a positive statutory shape in Section 53A of the Transfer of Property Act, such right issues from a positive legislative enactment and is not founded merely on equity or a con­tract. So long as the agreemen......s and did not take the core matter of possession. Control and management of the suit property on the date of promulgation of P.O. No. 16 of 1972 into consideration at all. That in overlooking various decisions of this Court on the burden of proof and matters to be proved on abandoned property matter..

Category: Property Law | Date: | Hits: 40

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....bers "constitute the Parliament and they are designated as Members of the Parliament and that these Members of the Parliament as set out in Article 65 shall make legislation and perform other legislative functions and this Parliament as constituted by these members if twist or break the fun......he respon­dents are not persons or authority against whom a writ petition 'would lie', that the matter of absence of the members of the Parliament with leave or without leave is the matter for decision by the Speaker and the Parliament Secretariat. 14. The respondents, i.e., Writ resp..

Category: Constitutional Law | Date: | Hits: 147

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

....rofits and gains can­not properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may deter­mine."  ......, Bom (1936) IV ITR 420 did not support the principle justifying maintenance of one method of accounting for appellant's own purpose and submit returns under another method of accounting. What the decision lays down is that an assessee is entitled to change the method of accounting regularly emp..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)

....Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ......es and found the evidence sufficient to establish guilt of appellant Hazer Mondal. The High Court Division found no reason to disbelieve the said evidence and according­ly affirmed the decision of the trial Court. The chain of circumstances established against appellant Hazer Ali Mon..

Category: Criminal Law | Date: | Hits: 52

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ...... case on remand to the lower appellate Court to consider the question of substitution of the successor Mutwalli. This is the impugned order and leave was granted to consider the correctness of the decision of the High Court Division in remanding the case when according to the appellant substitut..

Category: Trust/Waqf Law | Date: | Hits: 193

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......mending statute the Court   cannot   give   a   different interpretation on   the ground   of equity   and justice. By majority decision the Appeal is dismissed. - Per Shahabuddin Ahmed J……………..

Category: Others | Date: | Hits: 86

Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)

...., the appeal is dismissed without any order as to costs. Ed.             This Case is also Reported in:  37 DLR (AD) 67. ......ayer for posses­sion and confirmation thereof was necessary. 7. Against this judgment defendant pre­ferred Second Appeal No.26 of 1972 in, the High Court Division which affirmed the decision of the first appellate Court as re­gards the fraudulent nature of the partition deed a..

Category: Property Law | Date: | Hits: 38

Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)

....echnicality of procedural law. In the result therefore this appeal is dis­missed but there will be no order to costs. Ed. This Case is also Reported in:  37 DLR (AD) 63. ......ant and a respon­dent, one passed by the appellate Court and another to the contrary effect by the Court below which has attained finality consequent on the abatement on the appeal itself. This decision, therefore, is of no help to the appellant in this case. On the other hand, in the case o..

Category: Property Law | Date: | Hits: 38