Search Options
Judgment Advanced Search
Displaying 5161-5180 of 7208 results.
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. ......ersy between the contending parties was whether the disputed jama was actually separated by an order of a competent revenue authority as claimed by the pre-emptee. Without determining this central question the pre-emption case cannot be disposed of properly. …………&helli......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. ..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....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. ......mmediately before the coming into force of this Act. 5. When the appeal was taken up for hearing Mr. Abdul Malek, learned Counsel, appearing for the appellants frankly conceded that the question raised in this appeal has already been decided by the Court, in this case of Aktar Hossain......inal Procedure, for quashing the proceedings of the said case and a Division Bench by its order dated 8.9.82 in Criminal Revision No. 608 of 1978 refused to quash the proceedings observing that the facts alleged in the charge-sheet and the First Information Report constitute a criminal offence. ..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.......pellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 1908 (V of 1908), section 100 Misreading of evidence is a mixed question of fact and law, and as such the High Court Division erred in law in the interfering with t...... signature is a question of fact and the High Court Division is not to interfere with the conclusion of the First Appellate Court on such question…………………(20) Concurrent findings of facts by the trial Court and the First Appellate Court are binding upon the High Court Division in S..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. ......……Respondents Judgment December 4, 1984. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. ...... 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)
....madullah Munshi; defendants Nos.26(ka) and 26(kha), who also contested the suit, are transferees of defendant No.14. They filed separate written statements which are, however, mostly identical. Their case is that; (a) Their predecessors, namely, Abdul Gani Mir and Ahmadulla......or in respect of possession of the plaintiffs on and after the surrender. 10. Mr. Kh. Mahbubuddin Ahmed, learned Advocate for the appellants, has concentrated his whole arguments on the question as to annulment of the interest of the appellants in consequence of the sale of the Touzi.......er his father who 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. ..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. ......ents Judgment July 3, 1985. The Registration Act, 1908 (XVI of 1908), section 77 In a suit under section 77 of the Registration Act the Court is concerned only with the question as to whether the document is executed by the person by whom it is alleged to have been ex......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)
....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.......il Revision No.1500 of 1980) Judgment Shahabuddin Ahmed J.- In this appeal by special leave at the instance of a Mutwalli, removed from office under section 32 of the Waqf Ordinance, the main question is whether the revision under section 115 of the Civil Procedure Code against the Distric...... referred to above. But in that case of Fatema Bibi, the proceeding was not saved from limitation even after exclusion of the period as referred to in section 14 of the Limitation Act besides the facts of the case were also different from those in the case of Sati Prashad Now, in the case of Sat..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. ......lip;..Respondents Judgment March 18, 1985. The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the deed as either did......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. ......, Rangpur Bench, in Civil Revision No.121 of 1983.) Judgment Shahabuddin Ahmed J.— Tenant-defendant of an ejectment suit has filed this appeal by special leave granted by us to consider the question whether the High Court Division's order on a revisional application under section 25 of t......x-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 has also observed that facts of the instant case are quite distinguishable from those of the case of Benode Bepari Saha vs...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. ......ার গাছের সঙ্গে বাধিয়া রাখে।” The accused did not explain the circumstances appearing in the evidence against him. In this view of the matter the question of producing apparels of the accused is hardly relevant. 12. Next the High Court conside......e chest of Shamsul Anwar and the evidence of P.W.8 supported the prosecution case. The trial court has stressed on the evidence of P.W. 6 Abul Basher and found his evidence convincing considering the facts and circumstances of the case and the evidence that was adduced, the trial court convicted the..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. ......ment and order dated 1-6-82 passed by the High Court Division Dhaka in Second Appeal No.9 of 1968.) Judgment Shahabuddin Ahmed J.— In this appeal by special leave the principal question is whether the decision of the lower Appellate Court, as confirmed in second appeal b......are quasi judicial in nature, simply shows that the petitioners' claim was sought to be thwarted in the absence of Priyabala by mere trespassers. The lower Appellate Court on Consideration of these facts and circumstances, particularly nonpayment of rent by or on behalf, of Priyabala ever since s..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.......sive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 of the Ordinance, the Civil Court has not jurisdiction to question its validity…………..(8) Once it is held that the land has been requisitioned valid...... 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)
.... 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. ......arty to the judgment concerned having applied for such review; (2) if it has power, whether on merits the judgment in Civil Appeal Nos. 63-65 of 1982 should be reviewed. 10. As regards the first question about the power to review its judgment suo motu Mr. K. A. Bakr, Counsel for the Water and P......t elaborately describing the background in which the aforesaid notice to show cause was issued, a brief reference may be made to indicate the necessity and importance of issuing such a notice. As the facts constituting the background of the show-cause notice are offered by the judgments of this Cour..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. ...... (From the judgment and order dated 20 January 1983 passed by the High Court Division, Jessore Bench in Criminal Appeal No. 34 of 1982.) Judgment Shahabuddin Ahmed J. — The question raised in this appeal is whether there is any circumstantial evidence to corroborate ......tar) in the Mandar tree by the side of Amir Hossain’s house and on his advice the First information Report about suicide was lodged by him (Sattar Mir). On the basis of this disclosure of the facts the Sub-Inspector of Police lodged suo motu another First Information Report on 13 January 1..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. ......e created a Special Court for trying special offence with a special procedure. 8. In the case of Nil Ratan Sircar vs. Laksmi Narayan AIR 1965 (SC) 1. The Indian Supreme Court considered the question of the Magistrate issuing search warrants under the Foreign Exchange Regulation Act (......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. ......the defendant company. 12. Whatever little discrepancies were introduced, they did not obliterate the broad fact of the advance of the loan amount by the plaintiff Bank, that being the main question for determination in this appeal, these discrepencies may even be due to chaotic position......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. ...... Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination before the Trial Court is whether there has been any violation of condit......entioned in the tender form. On the contrary we are 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 plainti..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. ......Discrepancy in the evidence Discrepancy in the evidence of the eye-witnesses and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but the Court can prefer the evidence of the eye-witness if there be no reasonable ground......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....... Dhaka rejecting the prayer for releasing the aforesaid property from the list of abandoned buildings as published in the Bangladesh Gazette dated September 23, 1986. The list wherein the property in question has been listed as abandoned property was prepared as per provision of Ordinance No. 54 of ...... the case of Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh reported in 31 DLR (AD) 266 and the decision in the case of ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers reported in 36 DLR 114. 23. The facts of the case reported in 31 DLR (AD) 266 is that Buxly Paints (Bangladesh) Ltd. a public limite..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". ...... the respondents that the writ petition so filed was not maintainable and that a writ petition of mandamus does not lie against the respondents and the writ petition so filed involves disputed question of facts and, as such, not maintainable. 12. It is seen from the judgment of the H......;pondents that the writ petition so filed was not maintainable and that a writ petition of mandamus does not lie against the respondents and the writ petition so filed involves disputed question of facts and, as such, not maintainable. 12. It is seen from the judgment of the High Court Di..Category: Constitutional Law | Date: | Hits: 147
32213220321932183217321632153214321332123211321032093208320732063204320332003199