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Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....s agricultural land measuring 893 bighas on 15th March 1926 and possession of the land was delivered to Sh Mehr Din on the same date. On 14 March 1938 Qazi Mohr Din filed a suit for possession of the disputed land against the vendee Sh Mehr Din and fifteen others alleging that the vendee had failed ......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....ld the trials. Though no express provision of law requires trial of cross-cases by the same court practice and experience of over a century dictate such trial for arriving at correct determination of disputed facts. This is all the more necessary to save the accused from being prejudiced in their de......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....reates only a rebuttable presumption. Even when the purchase money is money belonging to the firm, that fact itself is not decisive. In a case of this nature, the decision of the question whether the disputed property is or is not a partnership property would depend upon the intention of the partner......s went unchallenged. The plaintiff and defendant No. 1 paid the consideration money in halves. All the documents 6f title of the schedule properties were coming from the custody of the plaintiff. The khatians, municipal assessment registers, etc. stand in the joint names of the plaintiff and defenda..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
...... which are the municipal rent receipts issued in favour of Motilal and Md. Golam Muksud. Ext. N series are the rent receipts which show that Motilal paid rent to the Government. Ext. P series are the khatian showing the names of Golam Muksud and Suruzzaman. Ext. Q and Q(1) are the duplicate carbon c..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge sheet prosecution c......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....was granted rent receipts, Ext. 6 (b)-6 (h). Brojendra paid municipal taxes too vide receipts Exts.2-2 (i). After the death of Brojendra his two sons Biswanath Goswami and Benoy Goswami inherited the disputed land. The plaintiff and her husband were disciples of Biswanath and Benoy who gifted the su......y the first Appellate Court should have been interfered with by the High Court Division In second appeal. 8. Mr. MH Khandker, the learned Counsel for the defendant-appellants, submits that a CS khatian, or, in other words, a record of rights, is not a document of title. It does not create or e..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....le to the share of 2 annas 6 gondas 2 Karas 2 karanti share of Syed Wazed Ali Azam in the suit plot, in favour of the plaintiff. 3. Admittedly one Syed Md. Ali Azam was the original owner of the disputed land who died leaving several heirs including a son named Syed Wazed Ali Azam, the plaintif......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....y no such power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge un......ding to the Rule, in brief, are, that the petitioner Dr. Mohammad Abdul Baten lodged information with Mirpur Police Station alleging, inter alia, that he purchased 5 kathas of land in plot No. 284 of khatian No. 1057 of mouza Senpara Parbata under Police Station Mirpur, Dhaka from one Noor Mohammad ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....d his order for re‑counting, accepted the election of Respondent No. 10, as declared by the Returning Officer, and got it published in the Official Gazette on 19 April 1990, observing that in the 4 disputed Centres where tampering of ballot papers was found he could not direct re‑poll, because R......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....e 1 of the Limitation Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain reading of sub‑section (2) of section 29 clearly shows that section 5 has no...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
...., as his attorney to act and manage the affairs of the respondent company. While he remained outside Bangladesh his son on his behalf used to look after the business of the company. 7. It is not disputed that both the Directors namely, respondent Nos. 2 and 3 are full brothers and they are the ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....l of the applications which were also heard analogously, both parties led evidence in support of their respective claims and contentions. Original position of respective shares of the parties was not disputed, but it is the subsequent transfer of 4450 shares of the respondent in favour of the Managi......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....ff and pro-defendant No. 20 were dispossessed from plot No. 2 as well. 3. The case of the contesting defendant Nos, 1, 2, 3 and 5 to 10 is that Benode Behari Das, while in khas possession of the disputed land and other lands of his taluk, sold his entire interest in the taluk to Sajjad Ali by a......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....ting without any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor the High Court can decide the disputed question of fact and election Tribunal is the only forum to ventilate any such grievance. .......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
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Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....tends that the plaintiff's suit being suit for declaration of title by way of adverse possession she ought to have proved her continuous and uninterrupted possession for more than 12 years in the disputed land. He next submits that the finding of possession of both the Courts below in favour of ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......d to reside on 0.08 acre of land of the suit plot by the father of the defendant No.2 and on the death of the father of the plaintiff, plaintiffs were also allowed to reside therein and in the recent khatian their names have been recorded. Defendant No.1 has been cultivating the suit land as a barga..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....antage over the defendant and as such the prayer for decree should be refused on condition of payment of solatium to the plaintiff, the learned Advocate for the respondent submits that it is not disputed that the relief for specific performance of a contract is a discretionary one but in t......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....against Subhashini) was also noticed by the Courts below. Defendant No. 1 Stated therein that he never denied the plaintiff's claim and that he was now a tenant of the plaintiff in respect of the disputed house. Both the Courts below field that the story of adverse possession set up by defendant...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....he ground that the doctor left the country and his attendance cannot be procured without an amount of delay or inconvenience which under the circumstances of the case would be unreasonable. It is not disputed by the defence side that the doctor who held post‑mortem examination on the dead body of ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....ady been examined the instant criminal proceeding is not liable to be quashed. It is urged that as the appellants committed the offences long before the malafide institution of the Civil Suit and the disputed fraudulent kabalas in their originals have not yet been filed in Court, the provision of se......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
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