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Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......gotiation an agreement was made for sale of 6 keur 1 poa of land including the suit land for a consideration of Tk.18, 750/00. Subsequently, it came to light that there had been some mistake in the record of right of the land contracted for sale and accordingly in the later part of 1963 a Baina ......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....e learned Munsif allowed the application holding that the appellants have been possessing the land by way of adverse hostile possession for more than 12 years and as such they have acquired a good right, title and interest in the case land. 5. On appeal, the learned Subordinate Judge......he State Acquisition and Tenancy Act is the question of possession. Whatever may be the defect in title, if it is found that the appellants, have been possessing the case land when the record of right was prepared, they are entitled to have their names recorded……&hellip...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
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. ...... held the superior Howla-interest, and after the death of his father, he held the raiyati right under the Howladers, namely, heirs of Ahmadullah Dewanji including himself and these facts were duly recorded in the C.S. Khatian No.140 (Ext. 21) which was prepared at a later date. Under this Khatia......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. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....8. The argument of Mr. Gholam Rabbani that the fraudulent act or the non-payment of consideration is integral question of genuineness of the document is attractive but on scrutiny it does not hold good. 9. The rulings of the various High Courts are uniform on this point namely that the .q......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. ......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. ..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....l for default………..(12) In order to get remedy of condonation of delay due to civil proceeding in a wrong forum under section 14 of the Limitation Act, such proceeding should be prosecuted in good faith with the belief that it is the right forum…………….(12) Considering the circums......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.......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...Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... property is "admittedly in existence is included in the deed which both parties intended to be the subject matter of transfer, the fact that the transferer is not able to make out a good title will not invalidate registration. This type of cases was distinguished by the Privy Coun...... decisions reported in ILR 1914 Calcutta at page 972 and AIR 1925 Madras at page 430. The learned Single Judge observed: "In the absence of any evidence on record to show that the transferee of the sale deed, dated 15.1.70 (Ext.1) had any secret dishones......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. ..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. ......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. ......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. ..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. ......he accused clouded the prosecution case, to a great extent”. The High Court took exception to the investigation, conducted by a probationary S.I. of police because the Investigating Officer did not record any statement of the P.Ws. under section 161 Cr.P.C. Again the High Court noticed that the......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. ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....hereupon Priyabala accepted the plaintiffs as her landlords and paid rent to them in 1953. Thereafter, controversy started According to the plaintiffs. Priyabala left for West Bengal for good and abandoned the holding without making any arrangement either for cultivation of the land o...... abandoned by its owner-tenant Priyabala and the Plaintiffs-landlords took khas-possession, thereof under section 87 of the Bengal Tenancy Act, is based on proper consideration of, the evidence on record. 2. The impugned order of the. High Court Division is dated 1 June 1983 and the matte......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
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....... late Ali Hossain" but contended that there is no petitioner by named Md. Ali Jan son of late Ali Hossain. It is a desperate argument inasmuch as we have seen the petition filed by Ali Jan himself on record praying for time which was filed and an order was recorded on 1.1.84 staying all further proc...... 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...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....ion will be found in the Privy Council case North-West Frontier Province vs. Suraj Narain Anand PLD 1949 P.C.1. The ascertainment of a breach by a mode of interpretation will not in all cases furnish good ground for interference. For the interpretation of the Constitution and the laws is a functio......ls were fully examined, discussed and considered in the judgment concerned, and in doing so no materials have been over-looked by the court leading to any mistake or error apparent on the face of the record’s as to justify the review of the judgment. His further submission is that there is no mist...... 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. ..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 confessional statement, and as such the conviction is totally illegal. 4. Evidence adduced by the prosecution in this case consists of the statements of P.Ws.1, 2,3,4,7 and 8 and the unrecorded extra-judicial confession of accused Sattar. Of them P.W.1 is son of the deceased an......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. ..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. ...... Drug Administration and Licensing Authority requested the local officer to move the Magistrate for sending the case to the Drug Court Dhaka. The learned Magistrate by her order dated 30-9-84 recorded the following order: “মামলা পú......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. ..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. ...... be passed taking into consideration the entries which were not considered by the trial court as those pasted papers could not be opened and without considering in detail all the evidences on record relied on by the learned Single Judge. After hearing the parties in Civil Appeal No.129 of 1......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. ..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. ......e of the opinion that prima facie, the defendant No. 3 had the requisite qualification in participating in the tender. We have considered the facts and circumstances and the materials on record and we are of the opinion that the plaintiff could not prove her prima facie case as to any......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. ..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. ......rge was framed against the accused appellant under section 304 of the Penal Code, the trial Court convicted him along with others under section 304 of the Penal Code on the basis of the evidence on record even without drawing the attention of the accused to the point when examined under section 3......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. ..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.......ecital in no way reflecting the actual state of the matter relating to the possession of the property as claimed by the respondent No.1. He also submits that no material evidence have been brought on record from the side of the respondent No. 1 that on 28-2-1972 he was in possession of the property ...... 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...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....Parliament and thus failed to represent the people in the Parliament by non-participating in the process of enacting law and thereby deprived the people who would have the benefits of enactment of good and beneficial legislation as to life and property of the citizen, that the respondent No......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". ......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". ..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." ......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." ......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." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......ent of fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless for special reasons to be recorded in writing if considers it necessary to do so." 6. It appears th...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
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