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Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....‑ Record ‑For the Appellant. BK Das, Advocate Supreme Court instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents 1‑ 4. Ex‑parte ‑ Respondents 5‑28. Civil Appeal No. 37 of 1987 (From the Judgment and......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ged to 3(three) brothers, Nibaran Chandra Mitra, Abinash Chandra Mitra and Satish Chandra Mitra who acquired the same by purchase on 21.4.1914. The joint properties of three brothers were amicably partitioned and the suit property fell in the saham of Abinash Chandra Mitra who died leaving behin......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....led law that the document in question itself read as a whole will primarily determine whether the document is a mortgage or an out and out sale with a condition of re‑purchase. The intention of the parties is to be gathered from the character of the document itself as well as from the surrounding ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
...., the Bill of Lading was issued by the charterer of the ship with the term "to the order of Transclear SA" as the consignee, but the Bill of Lading was not supplied to the importer and the notifying party was M/s MA Baker. The said cement arrived at the port of Chittagong on 24.7.90. The Bill of En......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
.... consider the submission that the facts of the case were not critically examined by the High Court Division to a sufficient extent as is required in a criminal case where bitter enmity between the parties is admitted and the material witnesses examined by the prosecution are admittedly partisan ......ments from the person of his wife Jahanara and other valuable articles worth about Tk. 9,910/‑ Upon information lodged by PW 1 to the local police station on the following day police took up investigation of the case and submitted charge sheet against the appellants under sections 448/380/..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ion, Dhaka in Criminal Misc. Case No. 44 of 1987) Judgment: ATM Afzal J: This appeal by leave at the instance of the first party‑appellant arises out of a proceeding under section 145 of the Code of Criminal Procedur......;charge, Kotwali P.S. investigated into the matter and submitted a report in Non FIR Case No. 50 dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the di..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ade three confessional statements before PW 9 Mr. Shushil Kumar Roy, Upazila Magistrate, Bamna, which are marked as Exhibits 3, 4 and 5 respectively. The said confessional statements being the main part of the evidence in the present case we will consider the individual confessional statement ind......ed Shamsul Haque, wherein he alleged that his step‑mother deceased Johura Khatun was murdered by some unknown persons in the night following 22.3.85 at her dwelling hut. During the course of investigation the police officer found the case filed by accused Shamsul Haque as false and consequ..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....im) instructed by Sharifuddin Chaklader, Advocate‑on‑Record –For the Appellant. Sultan Ahmed, Advocate, instructed by Aftab Hossain, Advocate‑on‑Record ‑For the Respondent No, 2. Ex parte‑ Respondent No. 1. Syed Amirul Islam, Advocate- Amicus Curie. Civil Appeal No. 27 of 1......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mount (1875) LR 6 PC 283; RV Governor of Lewes Prison, ex part......artial Law Regulations and Martial Law Orders and the said proclamation made provisions consequential and incidental thereto with regard to pending cases, review, execution of various sentences and investigation of offences. The said proclamation of withdrawal in sub‑paragraph ‘K&rsqu..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....p; Mustafa Kamal, J: The trial Court having dismissed the defendants application under Order IX, Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree passed against them on 28‑7‑85, they preferred an appeal to the High Court......d earlier. 3. Mr. SR. Pal, learned Counsel for the plaintiff‑petitioners, submits that the word "inform” was meant to apply to the Pleader Commissioner who was conducting an investigation in the matter. It was not meant for the learned Advocates of the parties. He further ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
.... the hospital on 30.9.81 Police investigated into the case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on 2.9.82 Md. Ejahar Ali, a non‑appealing accuse......i Mollah died in the hospital on 30.9.81 Police investigated into the case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on 2.9.82 Md. Ejahar Ali, a non‑..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....Order 41 rule 19, CPC. 2. The plaintiff‑appellants' Other Suit No. 95 of 1973 for declaration of title and recovery of possession was decreed against the defendant-respondents ex parte on 11. 8.75. Respondent Nos. 1 and 2 instituted Miscellaneous Case Nos. 300 and 325 of 1975 r......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ...... found victim Nurul Islam dead. On this allegation Jagannathpur Police Station Case No. 3 was started against Masabber and others under sections 302/34 of the Penal Code. In that case Police after investigation submitted final report and the same was accepted by the Upazila Magistrate beyond the..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... Monthly tenant and Licensee. A tenancy from month to month does not mean that it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by either party by a notice to quit. Possessory right of a licensee is terminable at any time at the mere will......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....ash;For the Appellant. S. R. Pal, Sr. Advocate with Shamsul Haque Chowdhury, Advocate, instructed by Daliluddin Ahmed, Advocate-on-Record—For the Respondent Nos. 1-15. Exparte—Respondent Nos. 16 to 20. Civil Appeal No. 28-D of 1971 (On appeal f......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
.... Lawyers Involved: Mustafa Kamal, Advocate, instructed by S, S. Hoda, Advocate-on-Record—For the Appellant. Ex-parte—Respondents. K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....vincial Government for altering the acquittal into conviction. His Lordship sought to sustain his view on the ground that appeal being a re-hearing of the entire controversy between the contending parties. Consequently, in an appeal from a conviction on some out of several charges, the question ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....adly be divided inter alia into two heads: (1) the accused committed lurking house trespass by night, and (2) the same was committed with intent to commit theft. There is no dispute that the first part in his case has been fulfilled and the evidence is ample. The concurrent findings of the court......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....vocate, instructed by Mr. A. Rab-H, Advocate-on-Record. —For the Appellant. M. N. Khandker, Advocate, instructed by A. Rab-I, Advocate-on-Record.-For the Respondent No. 1 Exparte—Respondent Nos. 2-5. Civil Appeal No. 6-D of 1969. (From the Judgment and Decr...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....e rejection of the assessee's accounts and the addition of the loan figures to the income of the assessee for the relevant years and gave the following reasons in support of such an action of the Department. "(i) There is no stock book showing day to day consumption of raw materials for manufa......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
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