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Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......gh Court Division passed in Civil Revision No. 3401 of 1998 discharging the rule obtained against Order No. 15 dated 09.07.1998 passed in Title Suit No. 152 of 1997 of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedur..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court namely, the Second Court of Subordinate Judge, Barisal, on 8 July 1967. But on appeal the decree was reversed by the Additional District Ju..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ...... as they got their share and jama separated by filing a Separation Case, No. 605/69-70. The learned Munsif rejected all these contentions and allowed pre-emption. On appeal the learned Subordinate Judge reversed the findings of the trial Court and disallowed pre-emption. The decision of the..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....against the judgment and order dated 8.9.82 passed by a Division Bench of the High Court Division, Comilla Bench, refusing to quash, the proceedings of A.G.R. Case No.1 of 1973 of the Court of Sub-Divisional Magistrate, (Special Magistrate under President's Order No.50 of1972) Moulvi Bazar,......p;……………………………………Respondent Judgment April 17, 1983. The Scheduled Offences (Special Tribunal) Order, 1972 (President’s Order No. 50 of 1972) section 6 (c) and (e) of the......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
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.......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.......nd in 1963 and it was a genuine contract and that the defendants received the consideration and the plaintiff is in possession of the suit land since 1963. 10. On appeal, the learned Subordinate Judge, Second Court, Sylhet, affirmed the decision of the trial Court. The defendants thereafter fil..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... 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. ...... 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. ...... 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, Mymensingh, affirmed the decision of the trial Court observing that whatever may be the defe..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. ......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. ...... challenged by the plaintiffs. This arises from Title Suit No. 110 of 1958, renumbered as Title Suit No. 64 of 1959, again renumbered as Title Suit No.15 of 1962, in the Second Court of Subordinate Judge, Comilla. It was a suit, among other things, for declaration of plaintiffs' raiyati rig..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. ......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. ......bsp; 3. An appeal was filed before the learned Subordinate Judge. The appellate court below considered the evidence and found that the defendants did no..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.......w of the provision of section 6 of the Limitation Act, 1877 corresponding to section 29 of the Limitation Act, 1908. The order of the District Judge came up in revision before the High Court, and a Special Bench of the Allahabad High Court presided over by Henri Richard, CJ on reviewing a great nu......gs is not entitled to the benefit of section 14 of the Limitation 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 o..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. ......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. ......nd defendant No.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 no..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. ......to comply with the provision of section 17 (regarding deposit of the dues or furnishing security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court ..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. ......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. ......tand how P.W.2 could see a crowd in the house of Azizul Huq when the prosecution has not stated that there was no house intervening between the house of Azizul Huq and house of P.W 2." The learned Judges of the High Court found it difficult to believe P.W 2. Next the wearing of apparels of the ac..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....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. ......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. ......ugh initially defendant No. 5, had resisted the plaintiffs' possession claiming to be Priyabala’s bargader. On these findings the lower Appellate Court decreed the suit, and a learned Single Judge of the High Court Division did not find any ground to interfere with these findings of lower ..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.......y Sharifuddin Chaklader, Advocate-on-Record–For the petitioners. A.W.Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate-on-Record- For the respondents. Civil Petition for Special Leave to Appeal No. 310 of 1984. with Miscellaneous Petition No. 46 of 1984. (Fr......directed to dispose of the suit after taking evidence. 5. Being aggrieved by the said appellate order the defendants filed revisional application before the High Court Division. The learned Single Judge after hearing the parties noticed the averments made in the plaint and concluded that the plai..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. ...... 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. ......ave a lot of details in support of their respective claims. 5. For resolving the dispute Mahbubur Rahman Sikder, the younger brother filed Title Suit No.371 of 1980 in the 3rd court of Subordinate Judge, Dhaka for a declaration that the firm already stood dissolved, alternatively for dissolving..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. ......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. ......not evidence as defined in section 3 of the said Act. 2. This arises from an order dated 20 January 1983 of the High Court Division, Jessore Bench, maintaining the Additional Sessions Judge's order convicting the appellants in Sessions Case No. 159 of 1979 Patuakhali. Facts of ..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. ......he Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be tried by the Special Tribunal set up under the Ordinance. A Court of Magistrate is incompetent to take cognizanc......s arrested on 23-6-84 and was granted bail which, however, was cancelled by the learned Upazila Magistrate on 8-7-84. Subsequently, the petitioner was enlarged on bail by the learned Sessions Judge, Kushtia on 26-9-84. Police did not submit charge-sheet in the case. On 4-9-84 the Director o..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. ......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. ......posed of by the High Court Division on 20 March 1983. 2. Respondent No.1, Mahaluxmi Bank Limited (in liquidation) instituted Mortgage Suit No. 26 of 1960 in the 1st court of Subordinate Judge, Chittagong against respondent No. 2, Hill Top Tea Company Limited (in liquidation) for forec..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. ......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. ......im CJ. — This appeal arises from F.M.A. No.173 of 1984. Plaintiff-appellant instituted Title Suit No. 254 of 1984 against the defendant-respondents before the 1st Court of Subordinate Judge, Dhaka challenging that respondent No.1 who participated in the tender for supply and carryin..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....accused Joynal Abedin, who all along protested and even tried to obstruct the complainant's men from passing along it. In this connection an application was filed by the complainant before the Sub-Divisional Magistrate, Gaibandha, who got the matter enquired by two Magistrates one after ano......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. ...... the following day. In due course (the police investigated the case and challenged the accused persons. 35 accused persons including these appellants were put on trial before an Assistant Sessions Judge, Rangpur under sections 304/34, 147 and 448 of the Penal Code. They pleaded not guilty taking..Category: Criminal Law | Date: | Hits: 57
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