Judgment search - Chancery Law Chronicles

Displaying 4901-4920 of 5707 results.

Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)

....l from the judgment of the High Court Division contending that the trial court's finding that the plaintiffs are landlord of the defendant is perverse, unsupported by any evidence and that there is also no basis for the finding that the defendant paid rent to the plaintiffs' guardian, Dr. Aziz Meser......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272.......................Respondents Judgment June 17, 1986. Civil Appeal No. 27 of 1985 The Transfer of Property Act [IV of 1882] Section 106 The question of title being rightly decided by the trial court on consideration of relevant document which was wrongly rebutted by the learned sub-ordi......nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kutubuddin Ahmed..................................Appellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27..

Category: Tenancy Law | Date: | Hits: 106

Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)

.... - This appeal is at the instance of the pre-emptees. 2. Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres of lands of some plots of C.S. Khatian No. 19 and also for 12'21 acres of land of subordinate Khatian Nos.2-25,2...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......t-1) which shows that he purchased a portion of the disputed plot from one Bhagaban Chandra Das. It was not disputed that the petitioner and his brother's names were recorded in the S.A. Khatian. The trial court, however, held that in the absence of the document of title of the petitioner's vendor B...........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court D..

Category: Property Law | Date: | Hits: 29

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....egal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The disputed land appertaining to R.S khatian No.517 of mouza Shiraj Kathi originally belonged to the predecessors of some of the plaintiffs, and pro-forma defendant Nos. 4-19. The rent roll was not correctly p......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......he sale was frustrated by the circle officer, the plaintiff-respondent filed this suit after the limitation has well-expired. This suit is not maintainable. The appeal is allowed and judgement of the trial court dismissing the suit, restored…........(14,15,16,17) Lawyers Involved: Md Nurul Hu...... (1988) 257 ..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

....pondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Code of Criminal Procedure, 1898 (V of 1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no miscarriage of jus...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......on any proper judgment written in compliance of the provisions of section 367 of the Criminal P.C. 3. Mr. Aminul Huq, learned Advocate for the appellants, has referred to the Judgments of both the trial court and the Court of Appeal and has argued that these arc not judgments in the eye of law wh......me Court Appellate Division (Criminal) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Nurul Huda…………………………..Appellant Vs. Bhashanu Sardar and ors..........Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Co..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)

....d on the following day Yakub Sarder, a relation of the deceased, lodged a First Information Report (FIR) whereupon the police investigated the case and submitted charge-sheet against a number of persons and thereupon the G.R. Case No. 106 of 1980 was started. This case was sent by the Magistrate......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......he complaint. The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the ......t Vs. Yakub Sardar & others..............Respondents Judgment May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the compla..

Category: Criminal Law | Date: | Hits: 75

Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)

.... 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and future career of the appellant, there was enough justifiable reason to let him go on bail at least for affording him the opportunity to take his B.A. Examination. T...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... be allowed to take his examination which was to be held within October 1987. But the learned Judges, by the impugned order dated 21.7.87, rejected the prayer on the grounds that he was absent during trial and that his Admit card showed that the date of appearing at the examination expired long ago.......��………………Respondent Judgment March 15, 1988. Criminal Appeal No. 18 of 1987 The Code of Criminla Procedure, 1898 (V of 1898), section 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and future ..

Category: Criminal Law | Date: | Hits: 56

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....compound sentence recording the various answers of different kinds of questions is neither permissible nor desirable as has been done in the present case. The defence cannot get any benefit by making some weird, vague and misleading suggestion as to ommission. ………………….(10) Lawyers In......is judgment that it was not possible for Safiluddin who was so critically injured, his intestine having come out and he was found groaning, to make any statement as alleged by the prosecution. The so-called dying declaration was, therefore, disbelieved by the trial court and the High Court Divisio......te-on- Record-For the Respondent. Criminal Appeal No. 6 of 1986. Judgment: A.T.M. Afzal J. - The two appellants, Taleb All and Ful Babu son of Nazamuddin, along with five others were put on trial before the Additional Sessions Judge, second court, Rangpur for alleged offences under section......peal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Officer in actually the same terms in which it is recorded in the examination-..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....ould not have been the intention of the Legislature, then the rule of literal construction may be departed from and language of the statute may be modified, if necessary, by addition or alteration of some words. In the case of clause (c) of section 195, it is capable of both the constructions as dis......ing. It is immaterial that the offence has been committed by the party before the proceedings are taken and the bar contained in section 195(1) (c) will apply if at the time when the court is called upon to take cognizance of a complaint, the accused is a party to a proceeding in a court i......ched and the other-its use in a proceeding launched subsequently have been committed in the course of the same transaction. In such a case both the offences should be tried by the same court in one trial. Difficulty will arise if the prior offence is taken cognizance of on a private complaint and ...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li..

Category: Criminal Law | Date: | Hits: 63

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....ause of action arose in the case before part V of the State Acquisition and Tenancy Act came into force. So limitation as to land holding as provided in the State Acquisition and Tenancy Act is also not attracted. The learned Advocate for the appellant, it seems, having failed to find any fault ......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......98 of 1972), Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was to be decided under ......nt Vs. Bhayetullah & anothers.... ..............Respondents Judgment November 11, 1986. C.A. 129 of 1983 The Bengal Tenancy Act, 1885 (VIII of 1885), section 26F The Bangladesh Land Holding Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisition and Ten..

Category: Procedural Law | Date: | Hits: 92

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

.... having regard to the attendant circumstances…………..(20 & 21) State................................................................Respondent Non-disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The a......ght of occurrence and out of rivalry and grudge the accused were falsely implicated sequent deliberation. 20. The decision in the case mainly turned on appreciation of oral evidence. There is a so-called confession by a co-accused (appellant Daud) which been relied upon by the trial court. That c......ed Akbar. This has not been denied by the defence either. Throwing of bomb into the hop of Efaz which resulted in his death had created panic in the mind of the ordinary public of the locality. The trial Court considered that it was a special circumstance of the case as the people as a whole were ......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..................................Appellant Vs. The State.............

Category: Criminal Law | Date: | Hits: 61

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....on No. 137 of 1985, the appellant, Wazed Ali, an Assistant Store Officer of the Corporation, challenged an order of the Corporation dated 29 May 1985 provisionally removing him from service. He also took the same ground that the specified period, in his case 150 days from the date of his suspe...... satisfactory he or they may be proceeded against on charge of inefficiency under rule 3(a) (iv)." 14. Mr. Rafiq-ul- Huq, on the basis of the Rule 27(2) of the Rules of 1985, which may better be called the existing rules, argues that the pending proceedings should be disposed of under the exist......w in a pre-emption case during the pendency of appeal and dismissed the appeal by applying the new law which barred the passing of any decree in a preemption suit which was earlier decreed by the trial court under the law which existed when the suit was filed. 16. We need not discuss in detai...... Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment August 18, 1987. Result: Appeals No. 10 and 11 of 1987 are dismissed with observations. Appeal No. 12 of 1987 is allowed. The Constitut..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....esaid Ordinance he submitted that the suit filed by the plaintiff- respondents has abated. 6. Mr.M.H. Khondkar, Counsel for the plaintiff-respondents, submitted that the plaintiffs purchased some lands of plot No.58 from different persons who took pattan from Deldoar Estate and the rest o......visions of section 4(2) of the Ordinance No.XXXIII of 1982. They are: "4. Abatement of legal proceedings.- (1) The Constitution of Reserved Forest as is referred to in section 3 shall not be called in question on any ground whatsoever before any Court. (2) All suits, appeals, petitions......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......hers... ..................................Respondents Judgment July 24, 1985. Result: The appeal is allowed. The Attia Forest (Protection) Ordinance, 1982 (XXXIII of 1982), sections 3 and 4(2) The section did not provide anything about the suits already disposed of and even then i..

Category: Property Law | Date: | Hits: 63

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....y Station, were attacked by accused appellant Bandez Ali and his men out of a previous grudge. His brother, deceased Wayezuddin, and others came to his rescue but were assaulted by the accused persons. Accused Bandez Ali struck Wayezuddin with a lathi on his head and chest, as a result of whic......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......ction when resistance was offered a free-fight took place between the panics during which the deceased Wayezuddin received the fatal blow from whom nobody knew. On consideration of the evidence the trial Court convicted the appellant Bandez Ali and 4 others under section 148 of the Penal Code;...... This Case is also Reported in : 40 DLR (AD) (1988) 200 ..

Category: Criminal Law | Date: | Hits: 67

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

.... got ample jurisdiction to reverse it if it was satisfied on consideration of the application of the defendant that no summons was served upon him in support of this contention the learned Advocate also cited a number of cases. Most of the decisions cited by both the learned Counsels arc found to ha......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......d as claimed by the plaintiff and it was incumbent upon the defendant to depose on oath that no summons was served upon him by the process -server as claimed. But the question is what is the basis of trial court's finding that the summons was not served. The basis, as appears from record, is the mer...... Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

....ns of the State Acquisition and Tenancy Act, 1950 in respect of the Schedule land is without jurisdiction and in violation of the agreement between plaintiff and defendant - Government. Plaintiff also prayed for refund of Tk. 95, 0007- paid by the plaintiff as arrear rents etc. It was averred by...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......The undersigned is directed to say that lands acquired both under the Land Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made over to the requiring bodies under a deed of transfer allowi...... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....2. Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belonged to one Samad Ali who died leaving daughter Jaitun Bibi and son Ganu Miah; Ganu Mian died leaving son Abdur Rashid who died leaving son janu Miah and daughter A......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ...... Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case. Furthermore, the important finding of the trial court, which seems to be correct, that defendants 4-6 are not the heirs of Samad Ali has not b......er & others..................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy..

Category: Property Law | Date: | Hits: 43

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....n 133 nor the elected representatives were given any opportunity to explain the activities of the Paurashava which had been undertaken by them. The Paurashava is a corporate body and as a juristic person no doubt but it acts through human agencies, namely, through the elected commissioners and the C......lowed the writ. 16. On appeal the Supreme Court took the view that the Board had given its full explanation and the question of natural justice did not arise "when the Board never demanded what is called a personal hearing and never intimated to the Government that it would like to produce mate......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am..

Category: Election Law | Date: | Hits: 118

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....Partition Act. The suit was numbered as Other Class Suit No. 17 of 1975 in the Court of the Munsif, Sadar, and Rajshahi. 3. The suit property originally belonged to Amritalal, who died leaving two sons Jadav and Madhusudan. Madhusudan then died leaving his only daughter Jugal Kishori, the plainti......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......en living in her father's house. Jagabandhu is the heir of Jadav. Jagabandhu transferred his share to defendants 3-10, who are strangers to his family. Hence the plaintiff filed the suit. 4. The trial court and the appellate court below found that the plaintiff was in possession of the homestea......e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)..

Category: Property Law | Date: | Hits: 45

Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)

....instructed by M. Nowab Ali, Advocate-on-Record -For the Respondent. Criminal Appeal No. 2 of 1986. (From the judgment and order dated 14th February 1985, passed by the High Court Division, Jessore in Criminal Appeal No. 38 of 1984.) Judgment: A.T.M. Afzal J. - This appeal, following l...... appellants Khagendra, Natabar and Profulla having been informed by their boys also reached Nandalal's house and insisted upon him that the matter should be settled then and there as they had already called other persons. Nanda Lal agreed to their proposal and skirted for the club taking a hurrica...... (P.W. 9) and Bishnupada Dhali (P.W. 11), both college students, were engaged in the rehearsal of a drama in the local club. The appellants before us, in fact, most of the accused who were put on trial in this case belong to the clan of Thakur of the said village. It is alleged that around mid-n................Appellant vs. The State............................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to i..

Category: Criminal Law | Date: | Hits: 80

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

.... Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonabl......l was granted to consider (i) whether the question of reasonableness of a customary right should be decided on the condition prevailing at the inception of such right or at the time when the Court is called upon to decide the matte; and (ii) whether the decision reported in 7 DLR 464 has been correc......luki interest at a court sale and brought the land under his khas possession. In 1350 B.S. he leased out the suit land to defendant No. 1 who had been in possession of the same as a tenant. 3. The trial Court dismissed the suit after finding that the plaintiffs had no right of way or of drainag......an & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inc..

Category: Civil Law | Date: | Hits: 113

Search Options

Judgment Advanced Search