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Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......ect-matter of the suit requires to be registered. In case of compromise in a suit, property not being the subject-matter of the suit and in case of such property beyond the ambit of the suit, the document shall have to be registered……..(6) Where the compromise deals only with the propert..Category: Property Law | Date: | Hits: 49
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. 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: 36 DLR (AD) (1984) 282. ......laintiff was charge sheeted as to show cause why disciplinary action should not be taken against him including dismissal. An enquiry Committee was formed and this Committee upon examination of documents, and statements from the plaintiff eventually found the appellant guilty of misappro..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ch has been put to an end by conscious volition of the parties on 16.4.67. 12. Her only claim remains is for the sum of money, and after hearing both the sides we have been advised to do complete justice in the cause and accordingly we have treated Civil Petition for claim of money. Before we pr......ther formalities to utilize the loan until now. We understand that one of your partners Mrs. Le Sang is no longer interested in the project. You are, however, once again advised to complete documentation and all other formalities within 7 days from date of receipt of this letter failing wh..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ...... has conferred upon him title to the suit premises. 5. In order to substantiate his contentions the learned Counsel tried his utmost to prove that the bainapatra, Ext. 1, was a genuine document. This document has been considered by learned Judges of the High Court Division and the tr..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....g Mo Hnaung, AIR 922 PC 249 corresponding to ILR 48 Cal. 832. The relevant passage is as follows: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that ......spondent 1 had no share in Mahabir Cinema Company or its properties. (d) Taking advantage of temporary absence of the appellant, respondent 1 managed to create some false, forged and fabricated documents to deprive the appellant of his rights in suit properties and to usurp the same. Responden..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... Courts and the Court is not concerned with the nature of value of the consideration. ………….(21) The plaintiff cannot make a grievance to invalidate the documents executed by him in pursuance of a compromise……………&hell..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......ation of the accused in the incident. This petition is clearly inadmissible, so far as the evidence of P. Ws. 1, 2, 4 and 7 is concerned who implicated them in their evidence during the trial. This document is found to have been taken into consideration on erroneous view of law. 6. The l..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... 3. The suit was contested and the plaintiff led evidence to prove that she was the daughter of Gouri Dasi who died intestate; that the properties belonged to Gouri Dasi is not disputed and documentary evidence is in R. S. Khatian had been adduced to show that the property belonged to Gou..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
.... an essential issue to be determined whether the respondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional evidence is permissible for the decision of the Court. The case is remanded to t......roved and marked Exts. B and B(1) showing payment of municipal taxes by the appellants for their holdings which had already been separated and numbered as holding Nos. 50 and 51. Another document, Ext. C; was also proved. The miscellaneous case was allowed by the trial court on Decembe..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......perty Act, 1882 (IV of 1882), Section 53A. In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the defendant was no better than a li..Category: Property Law | Date: | Hits: 24
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. ......tion of land of another person on condition of delivering a share of the produce to that person is not a tenant unless such person has been expressly admitted to be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him………&hell..Category: Property Law | Date: | Hits: 27
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....ounter claim and there is no reason for setting it aside on the ground that the amount of the counter claim is much bigger than that claimed in the plaint by the plaintiff. One of the ends of justice is to avoid multiplicity of proceeding and it cannot be a good argument for pushing the def......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....y to the land owner. There should be some proximity between the date of notice for acquisition and that of actual acquisition. The valuation ascertained by the High Court Division has met the ends of justice, fairness and equity even though the Learned Judge of the High Court Division missed the app...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
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. ...... after his property on his death. On 3 November 1963 Haricharan Nath executed the will in presence of members of the locality, both Hindus and Muslims, by putting his left thumb impressions on the document; though he was literate he could not sign his name because of partial paralysis; and that ..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. ......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. ..Category: Criminal Law | Date: | Hits: 58
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....arties concerned. Heard the learned Counsel appearing for the parties. Without going through the details of the controversies and confusion arising out of order aforesaid, it is directed that ends of justice will be met if the Trawler URANG CHAINAVEE—4 (BT—102) be kept under the order of attac......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....the provisions of section 537. Section 537 is a curative provision and any error or omission or irregularity will not vitiate the proceeding unless it has "in fact occasioned a failure of justice". The argument of Mr. Abdul Hamid, therefore, on this score is of no substance. ......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. ..Category: Criminal Law | Date: | Hits: 41
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. ......t from the owners. The present appellant was made opposite party No. 7 in the aforesaid Miscellaneous cases, and he contested the cases by filing written objection contending, inter alia, that the documents relied upon by the plaintiff were not genuine; that after the death of Anath Bandhu Guha ..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrate for disposal. For ends of justice both the parties should be heard to decide the issue. Legality of detention and the matter ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ..Category: Criminal Law | Date: | Hits: 58
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... exist to justify entertainment of a second complaint after dismissal of the previous one, e.g. where the previous order of dismissal was manifestly illegal or unjust, or it caused miscarriage of justice or it was passed on incomplete record or on misunderstanding of the nature of the complaint ......ot known to the complainant on the first occasion but which got a direct bearing on the allegation of forgery, was available when the second complaint was filed. It was that one of the alleged forged documents "Minute Book" of the Board's Meetings bore the date "16 January, 1948" and it was written ..Category: Criminal Law | Date: | Hits: 79
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