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Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....tion case, they have now explained that by filing the separation case only mutation of their names in place of the original owner Sarala Bala Pal was intended and that the proposal for mutation was erroneously referred to "as separation of the jama" and further, that the said case did n......show that whatever the area of land Hiralal and Narendra transferred to Nurul Alam is being sought to be pre-empted and out of it nothing has been left out. Mr. Khondkar Mahbubuddin Ahmed, in view of this position, has given up this contention, conceding that it is not a case of partial pre..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....urt and the lower Appellate Court with a number of admitted signatures of the defendants and has been held to be that of the defendant. But the learned Single Judge, it is further contended on an erroneous view of law, rejected the concurrent finding as to this signature observing that the signa......e lower Appellate Court with a number of admitted signatures of the defendants and has been held to be that of the defendant. But the learned Single Judge, it is further contended on an erroneous view of law, rejected the concurrent finding as to this signature observing that the signature was n..Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......ancy right. 14. In the result, this appeal succeeds and accordingly it is allowed; the impugned decision of the High Court Division is set aside and that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. T..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......uld be confined to the question whether or not defendant No.1 had executed the sale-deed as alleged by the plaintiff. (Evidence disclosed that the defendant No.1 had executed the document. In this view of the matter the appellate, court below could not place any reliance on the defence and accor..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......imitation Act. Remedy against the order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the District Judge by filing an application for restoration of the Review petition within 15 days from the date of order of dismissal for default………..(12) In or..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. .......3 were not party to the kabala Ext. A and they are not bound by it. Accordingly it decreed the plaintiff's suit. 6. Defendant No. 2 filed second appeal and the learned Single Judge took the view that the right of the transferee (Defendant No.) 2 under the sale deed shall not be invali..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......eposit holding that the deposit could have been made at the time of presentation of the application for setting aside the ex-parte decree under section 17(1) the provision of which is mandatory. This view of the learned Small Causes Court Judge has been maintained by the High Court Division which ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ...... passed the sentence of death. Accordingly, the reference was made under section 374 Cr.P.C. and the condemned prisoner also filed an appeal being Appeal No. 37 of 1977. 4. The High Court on a review of the evidence held that the P.Ws. 2, 3, 4 and 6 cannot be described as disinterested eye witn..Category: Criminal Law | Date: | Hits: 64
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......f 1982 and it was concluded that such suits are barred by section 44 of the Ordinance and accordingly it rejected the plaint under Order 7, rule 11 C.P.C. 4. On appeal to the appellate Court below view was taken that whether the purpose was public purpose could be decided on evidence and the tria..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 197..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ...... the retracted confession of a co-accused on the basis of which these four appellants have been convicted and sentenced to transportation for life under section 302/34 of the Penal Code, keeping in view the legal position that the statement of a co-accused under section 30 of the Evidence Act is ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......adesh with the Headquarter at Dhaka presided by a Judge with the rank and status of a District and Sessions Judge to try the offence punishable under the Drug (Control) Ordinance, 1982 and in view of such position the officer was advised to apply to the Upazila Magistrate, Kushtia, for..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......ffirmed the judgment and decree passed by the learned Single Judge. 6. The appellant moved this Court and obtained leave to consider whether the learned Judges of the High Court Division, in view of the evidence produced by the parties correctly arrived at the finding that the defendant-co..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ...... order of injunction and allowed the appeal. 2. Being aggrieved by this judgment and order plaintiff-appellant moved this Court and obtained special leave to appeal to consider whether, in view of the fact that respondent No. 1 had no pre-qualification to participate in the aforesaid te..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......d Anwar has not been considered in either of the courts below. This contention does not appear to be factually correct, for the trial Court is found to have considered this plea and rejected it in view of total absence of evidence or circumstances supporting the plea. The plea was that these thr..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......erty. Respondent No. 1 obtained a decree for specific performance of contract much later on 5-2-1989. This decree is not for a declaration that the suit property is not an abandoned property. In that view of the matter the High Court Division misdirected itself into irrelevant matters and did not ta..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... (c) that the petitioner is not aggrieved; (d) that this Court has no jurisdiction to issue a Rule and to direct the respondent Nos. 3-5 to attend the Sessions; (e) that in view of the statements that the respondent Nos. 3-5 have ceased to be members of Parli..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......d the appeal upon holding inter alia, that ''no officer of the Corporation has any authority to convert profit from mercantile system to cash system or even to maintain books encase system in view of the above mentioned legal provisions", namely provisions of section 32 of the House Bu..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....d Ordinance and on that view acquitted the accused. 3. Mr. Abdul Wadud Bhuiyan, the learned Additional Attorney General, contends that the view taken by the learned Single Judge is palpably erroneous being inconsistent with the clear language of section 79. The learned Additional Attorney......ber 1983, held that when the accused were shouting and screaming inside a hut and not in the open street their act did not constitute any offence under section 79 of the said Ordinance and on that view acquitted the accused. 3. Mr. Abdul Wadud Bhuiyan, the learned Additional Attorney Gene..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ...... The circumstantial evidence adduced by P.Ws 5, 6 and 7 is not at all sufficient to prove that appellant Wazed Ali and Abbas Ali were involved in the murder of Dud Mallick. In this view of the matter conviction of Wazed and Abbas cannot be sustained and accordingly it is set asid..Category: Criminal Law | Date: | Hits: 52
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