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Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....Division, Dhaka Bench, in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the suit la......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
.... recognised the defendant as tenant. In this view of the matter, the suit was dismissed. Plaintiff preferred Title Appeal No. 403 of 1968 and the learned Additional District Judge after hearing the parties concurred with the findings of the trial court and dismissed the appeal. 6. Plaintiff fil......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
.... a paid employee. For the purpose of Madrasah the acquisition was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocational training and the land under acquisition is necessary for imp......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....d shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone………….(49) Law does not require a particular number of witnesses to prove a case. A conviction can be founded even on the testimony ......na where A.S.I. Mr. Sekander Ali registered the same after filling up the F.I.R. form on the same date. 5. P.W. 7 Abdul Wahab Khan held inquest on the dead body of Idris Miah After completion of investigation police submitted charge sheet against the accused persons under sections 302/34 and 44..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....ence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for the prosecution, examining the accused and hearing both the parties, if the court considers that under the given evidence, there is no evidence of commission of......r sons were proceeding towards their village home and in consequence of the assault Nurul Islam, husband of the appellant died. First information report was lodged on the same day. The police after investigation submitted charge-sheet under section 302/34 of the Penal Code and it was numbered as..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... the Court must be satisfied that it has been impracticable to call a meeting in a manner in which such a meeting is ordinarily to be called………………..(18) The learned counsels of the parties having expressed their agreement on the terms placed before the Court with certain modificat...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....ted by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For Respondent Nos. 1, 2 and 5. Ex-parte—for Respondent Nos. 3 and 4. Civil Appeal No. 20 of 1986. (From the judgment and orde...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....not arise as because all of them were not involved in managing the affairs of the deity and the development committee. Non impleading of all those Shebaits shall not render the suit bad for defect of parties. Moreover, the defect of party has neither been impleaded nor any such issue was framed duri......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....aring result of the election void, is illegal……(8) Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
.... V. Ghulam Din, (1967) 19 DLR (SC) 143. Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4—32. Civil Appeal No. 21 of 1984. (From the judgment and order date......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....under section 145 of the Code of Criminal Procedure by the learned Sessions Judge in exercise of his powers under section 439A of the Code of Criminal Procedure. 2. The appellants were the first party in a proceeding under section 145 of the Code of Criminal Procedure. The petition for drawin......is power and jurisdiction and the learned Sessions Judge while interfering at this stage had traveled beyond his jurisdiction in exercise of his powers under section 439A. 7. The points need investigation. Section 439A (1) is in the following terms:- "In the case of any proceeding th..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... started after the provision for assessor was withdrawn…………(8 & 10) Since the act of murder was committed in furtherance of the common object of all the accused and all of them in fact participated in the occurrence in different manner with such common intention, the learned Additiona......otwithstanding any amendment made by this Ordinance in the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, any appeal, application, trial, inquiry or investigation which was pending immediately before such amendment takes effect shall be continue..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....arpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defendant claimed the right to sit on Tuesda......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unlawful ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....e Baramoni a prostitute of Natore and that boy is defendant No. 1." That was the main case of the plaintiff it is not necessary for this court to go into the details of evidence that was led by the parties for it is apparent that the bone of contention between the parties over the Mutwalliship w...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....sif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition. 3. Main contesting defendant in the suit was defendant No. 49, who by filing separat......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)
.... rent exclusive of cesses of Tk. 49/8/- payable in two instalments, one in August and another in January, Appellant's predecessor purchased 11.75 acres of lands as detailed in Schedule 2 which is a part of Schedule 1 lands by a kabala dated 12th May 1936, His name was mutated in Mutation Case No......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 Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....ble. His possession in the disputed land is not an impediment to others who are claiming possession in the suit plot through lease from the government, the suit plot covering a large area besides the parties claim. Cases Referred to- M.H. Khanddkar Vs. Bangladesh 30 DLR (S.C) 1. Lawyers Inv......s unfounded. In the result, therefore, this appeal is dismissed 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)
....ules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land mortgage bank......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....biddings, they had engaged appellant Muslim Khan, Revenue-Agent, by executing a Vakalatnama which was also referred to as Agent-nama in the Bid sheet Appellant Muslim Khan accepted the Agent-nama and participated in the bid on behalf of the three brothers. The sale was entered in the Sale Register o......complaint was in fact filed by the higher court, namely, the Additional Deputy Commissioner (Revenue), but cognizance was not taken thereupon by the Special Judge who forwarded it to the police for investigation and took cognizance on the charge sheet submitted by the police; as such the mandatory..Category: Criminal Law | Date: | Hits: 69