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SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....eer by his letter dated 20.7.61. A copy of this letter was also sent to the Project Director (Superintending Engineer Cox's Bazar Division). In the above letter, the plaintiff also asked for doing justice in his matter. A similar claim for item Nos. 2 and 3 was also pending at that time before t...... The alleged award was cancelled by the Chief Engineer subsequently and accordingly, the plaintiff was not entitled to his relief. 6. The plaintiff examined himself and produced a number of documents to substantiate his case. On the side of the defendant, however, no witness was examined..Category: Others | Date: | Hits: 98
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....t true. The court has to sift and weigh the evidence along with the rest of the evidence adduced in the case." 12. In the case it was further observed that the court is to dispense justice in accordance with law and not according to moral conviction with regard to the occurrence......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......ought upto the appellate Court in which the title of Raj Kumar was affirmed. The said defendant has also asserted that in the year 1325 BS an Achalnama, exhibit 'C’ was executed and the said document would show that Raj Kumar acquired the interest of his brother Chandra Kumar in pursuance ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......establishment of their title in the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1 Mvi Serajul Haq Mukhtiar is a fraudulent and void document. 2. The short facts relevant to the case of the plaintiffs may be stated as follows..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ura Mia's interest in the disputed land was sold in 1916 under the registered deed Ext A to Rousha Mia. Since then the disputed land is under the possession of the accused party. The complainant's document Ext. 1 is not regarding the disputed plot. The complainant has instituted a false case. ..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....findings of the Court could have been otherwise. Non-examination of those material witnesses and non-production of their reports have not only prejudiced the accused but have also caused a failure of justice in the case. 11. It is true that the medical insanity and legal insanity are not the sam......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......the decree and on 18.5.1951 they obtained delivery of possession as is evidenced by Ext 1. The duty of the learned Subordinate Judge was first to accept the certified copy of the court below as valid document and to ascertain its true meaning instead of unreasonably becoming, suspicious about the pr..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......the 3rd December, 1965, made under the Defence of Pakistan Rules, become an enemy property. Shuk Deb, the Pujari, and some others who are living in the premises having not been able to produce any document of legal possession of the property, cannot but be termed &nb..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....owing observation at page 390 of the report: "Whom to rely upon? whoever is to blame, the fact remains that the lawyer appearing for the appellants could not and did not do full justice to the case and the appellant very materially suffered by reason of the last minute supply......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......y the defendant No.2-appellant. 6. Mr. M H Khondkar, the learned Advocate for the appellant, firstly, contended that the patta granted lease in favour of the plaintiff-respondents is an unilateral document and as the same created a lease for non-agricultural purposes, as such, the same was hit by..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......endra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the respondent No. 2 for getting the document registered. The document was accepted by the District Registrar, Dacca, on 15.7.1965 and h..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
.... against this, when delay is condoned and the substitution is made the worst that can happen is that a case is decided on merit after hearing the parties. Therefore, the principle that substantial justice shall take preponderance over technical consideration should always be kept in view in deci......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....hat the attack exceeded such limits and tends to scandalise the Judge to lower down their dignity in the estimation of the general public and is calculated to interfere with the administration of justice.” 5. The impugned Article begins with an elaboration of the theory of s......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......lip;………………….. 4. Following the said decision, notices were issued upon the writ-petitioners and others directing them to produce their documents in order to demarcate the portion of land in the aforesaid CS Plot No. 202. They showed t..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....ntampered and intact with all sanctity before the Election Tribunal for recounting of votes. 8. It is now well-settled that in an appropriate case the Election Tribunal in the interest of justice may recount ballot papers for proper resolution of an election dispute. But in order to mak......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
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