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Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ge and for a further declaration that the plaintiff is the only son of late Amir Ali Mia, Mutwalli of Salamat Mia Wakf EsÂtate of Rajshahi and as such was eligible for the Mutwalliship of the Wakf Estate. The defence case is that Amir Ali had 4 wives. First first wife Sakina Bibi died childle......i. Series of letters were produced between the father and the son written in the year 1953, 1954, 1955 and 1956. Ext. L series which is the letters between the father and the son concerning family affairs. Khorshed Alam contested an election and evidence was led to show that his father Amir Ali..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
...., 1986. The Civil Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged to the defendant Appellant, the property never being in controversy in the suit, ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....m. The recorded owner of jute No. 5, Rajab Ali never received any notice, nor was any notice issued for affixation at proper place. Further, the tenant’s ledger would show that there was no dues as stated in the sale proÂcesses and proclamations upto 31st January 1953 in respect of jute No. 5 Raj......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....the suit is liable to be dismissed the case of defendants No. 2-3 was that they took; pattan of 3 acres of land out of the suit Dag No. 327I and they are in possession on payment of Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since h......s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....mployees is reÂimbursed by the bank. The salary is drawn through the Accountant General for the sake of convenience. He has referred to the order of the respondent's appointment which speciÂfically stated that he was appointed in the service of the land mortgage bank. 7. It appears that the Gov......ive society, and without registration, no society can come into existence. It is the Registrar, again, who may cancel the registration of a society whereupon he apÂpoints a liquidator to wind up the affairs of the society. The entire executive authority of a cooperative society vests, as already st..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....alish, P.Ws. 1, 2 and 3 are uncle, father and materÂnal uncle respectively of the deceased; P.W. 11 Basir Pramanik is a behai of P.W. 2. They are interested witnesses. Again, terms of the Shalish as stated by these witnesses include payment of Tk. 300/- to accused Mujaffar as cost of the cases agai...... 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
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....2.10.68. In another notice of the same date i.e. dated 20.1.72, they cited reasons of declaring the properties of M/S. Hajee Mohammad Ali & Sons to be confiscated to the Government for reasons of state enemy but in fact the petroleum comÂpany has failed to produce any such. Government order in ......dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... 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. ...... 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
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
.... High Court Division in 17-page judgment have considered items of evidence that are proposed to be given in the trial and commented upon them. It was observed: "On a perusal of the F.I.R. and the statements of the witnesses under secÂtion 161 Cr.P.C including those of Delwar Hossain and Khairuz......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....er Fazle Munim CJ)………….(10) In an ejection matter the person against whom specific allegation of mal-practices has been brought must be prompt in denying the allegaÂtion by filing written statement. On his part simple denial of the allegation may be sufficient since the burden of proof o......g the appellant as Chairman of the Union Parishad, was published in Dhaka Gazette, Extra-ordinary. On 24th June 1984 the appelÂlant was sworn in as Chairman and since then he has been conducting the affairs of the Parishad. On 9th July 1984 the Local Government (Union Parishads) (Amendment) Ordinan..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional eviÂdence 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
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....nce Act and whether this section is attracted in case of an admission. 4. Mr. S.R. Pal appearing for the appellant contended that there is a distinction between the use of previous statement of a witness for the purpose of contradicting him in which case his attention is required......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 InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....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
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....led. 5. While developing his first point, learned Counsel drew our attention to a portion of a passage of paragraph 5 of the affidavit-in-opposition filed by respondent No. 2 wherein it was stated: "The petitioner, however, did not mention in his said letter either the n......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... promotion to Class-II Officer. On 25-9-72 Staff Circular No.5 was issued by the Bangladesh Bank under which certain amendments in the Regulations were notified and the reason for such amendments was stated to be the decision taken by the Bank to promote clerks Grade-I to the rank of OffiÂcer Class......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