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Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....n brief, is that, the original lessee Mobina Khatun of the house in question died on 4.2.72 leaving behind Nasima Khatun, the only daughter as her heir who on September 29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 p......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......act. Thus we find no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....mentioned case under section 7 of Ordinance No. 54 of 1985 for exclusion of the disputed house from the “Ka” list of the Abandoned Buildings stating, inter alia, that on the basis of a registered deed of Agreement and General Irrevocable Power of Attorney dated 28. 12.68, registered ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......of possession to the petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
.... 2. The complainant respondent filed a petition of complaint under sections 499/500/501/of the Penal Code on 16.4.94 before the Chief Metropolitan Magistrate, Dhaka against the appellant which was registered as Criminal Petition No. 877 of 1994. He stated therein that he was an Assistant General......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......p;……… Respondent Judgment December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; Abdur Razzaque vs. State, 35 DLR 103. Lawyers Involved: Serajul Huq, Senior ..Category: Criminal Law | Date: | Hits: 60
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ...... at once for their alleged involvement in the incident as demanded by the rival student organisations was not an act which can be said to be such as was required to be immediately taken to meet an ex-post criminal incident. The authorities should have exercised restraint and discretion in taking the......ere with the impugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
.... who were owners of the suit land sold the same to defendant No.1. Mst. Mahmuda Khatun Chowdhury, since deceased and substituted by her heirs, defendant-respondents No.1 (a) to 1(g), by executing a registered kabala on 13.7.1981(Ext.1) for an amount of Taka 40.000.00. On 15.9.1981 one Mobarak Al......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......ade contrary thereto cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....s coming to know about the ex parte decree instituted Title Suit No. 224 of 1976 in the Court of the Subordinate Judge, Jessore which was transferred to the Court of Subordinate Judge, Jhenidah and registered there as Title Suit No. 224 of 1976 which was ultimately renumbered as Title Suit No. 42...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......h, it is liable to be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....pondent-writ-petitioners by the then Government of East Pakistan by an allotment letter dated 16.6.1962. A lease deed was executed by the Government in favour of the said Alimannessa which was duly registered on 28.3.1963. The writ-petitioners had been living in the disputed building with their m...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......he High Court Division is not sustainable in law. In the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....sold her share to defendant No. 1 by a kabala dated 31st 'Jaistha' 1333 BS. Subsequently, on 10th 'Chaitra’ 1342 BS. Dasrath exchanged his share in this property with the defendant No. 1 by a registered deed. Accordingly, the defendant No. 1 came to own 16 annas title in lot No. 2 of sched......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ody was identified by PW 2 Bano Bibi and PW, 1 Sk. Elahi Baksh to be the dead body of Dulal Fakir. On such identification, the investigating Officer PW 13 held inquest and sent it to the morgue for post mortem examination. PW 12 Dr. Md. Mohsin held post mortem on the dead body of Dulal Fakir on ......cked at this. I had been putting hard labour day and night in my grand-father's family and in spite of it he had done this act. Thereafter, on the day of occurrence, ie, on last Thursday (21.7.69 AD) I reaped paddy in the field till mid-day and then returned home. At that time, I was running t..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....346 of the Chittagong Municipality. Admittedly, one Bimala Bala was the original owner of the two premises. The plaintiffs case was that in 1944 he took lease of both the premise on the basis of a registered deed of lease for a period of 9 years which expired in 1953. There was a renewal clause ......to the provision of section 116 of the Evidence Act and also to some well-known decisions on the subject. I would, however, like to point out that the question of estoppel in the aforesaid section postulates that there is tenancy still continuing, that it had its beginning at a given date from a...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....and since then they possessed their respective properties separately in separate sahams after effecting a partition by metes and bounds. At that time, no specific document or deed was executed and registered by the parties and the partition, it appears, was effected orally and by amicable arrang......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
.... Abdul Latif and Aulad Ali died leaving a daughter Zahuran Nessa @ Gedan Bibi. The defendant No.1 purchased the shares of Ashraf Ali from his two sons Abdus Sukur and Abdul Latif on the basis of a registered sale deed dated 15th Kartik, 1362 BS corresponding to 12th February, 1965 in the benami ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... notice at it appears were served by affixing the same in the Notice Board of the office of the Union Council. We do not understand why this was done. There was no difficulty in sending the same by registered post. If there was no time for the same then the same could at least be served by affix...... (2) No notice shall be invalid for defect of forms. (3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of abode or ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....ion originally belonged to tenant and the same was held under the landlord Sukesh Chandra Dev Roy. Thereafter Sachindra Nath Biswas, son of Lalit Kumar Biswas took settlement of the said lands by a registered kabuliyat dated 7.4.38, Exhibit C. After the death of Sachindra Nath Biswas his interest......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......nied by the defence that the accused appellant's third wife Altafunnessa died due to the injury sustained by her in the front part of the neck. PW 5 Dr. A Azim, Medical Officer, Gaibandha who held post mortem examination has also opined to that effect. The question is whether this wound was homi......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....Tetulia. These lands gradually reformed in suit in or about the year 1357 BS. After such reformation, the petitioners along with others took settlement of 1904 acres of the said lands by executing registered kabuliyats in favour of the proprietors and since then they have been possessing these l......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ...... "Copy along with the copy of Addl. Commisioner's order dated 24.6.67 in Appeal Case No. 57/67 under section 60 of Survey Act filed by Hajee Jalal Ahmed and others against the order of the ADC (Rev), Bakarganj in the matter of boundary demarcation and settlement case records received wit..Category: Property Law | Date: | Hits: 81
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
.... of coastal embankment by Tarja matting at Ujantia, Maghnama, Koroiardia within Police Station Chakaria under Cox's Bazar WAPDA Division”. 3. The rate of the plaintiff who was a registered contractor was accepted and the works were allotted to him and detailed work order Nos. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....In the present petition the petitioners have stated that they were not served with any notice of the application under section 151 of the Code of Civil Procedure, nor did they receive any notice by registered post. That on the 3rd September, 1966 the petitioner No. 1 Mofazzal Molla came to......ent petition the petitioners have stated that they were not served with any notice of the application under section 151 of the Code of Civil Procedure, nor did they receive any notice by registered post. That on the 3rd September, 1966 the petitioner No. 1 Mofazzal Molla came to know from ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....algoon, 1354 BS left the house and constructed a new hut towards the east of the disputed room after taking settlement of the land from the District Board. In the meantime the defendant No. 3 by a registered kabala dated 5th Sravan, 1459 BS sold the northern two rooms together with the lands the...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....d, is that complainant Probhat Chandra's father Chandra Kumar purchased CS Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his ......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 66
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