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Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
.... defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the akhara of the deity. At that time Jahnabi Baisnabi, an old bhandari, used to manage the affairs of the deity. From her defendant......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
.... Kaliganj where he died in 1320 B.S. leaving his wife Jobeda Khatun and children. It seems after the death of Elahi Baksha his brother Hedayet Baksha lived in the house of Jobeda's father for some time and looked after her affairs. The land in C. S. Khatian No. 105 (5.16 acres of land) of Mouza ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....e Municipality of Mymensingh. Sailendra Nath Basu was an employee of the Municipality. He took lease of the suit land for residential purpose for a period of 9 years from 1921. Lease was renewed from time to time and Sailendra Nath Basu paid rent upto 1956. Then he left Pakistan leaving the land in ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....lowing cases: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so, (c) where the relief claimed is properly valued......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....two witnesses no other witness has seen the occurrence. Now proceeding to consider the evidence of P.W. 1, who is the wife of the deceased, we find that she was present in the hut at the relevant time, i. e., 12.30 A.M. 31 Bhadra B.S. 1386 corresponding to 17 September 1979 and saw the occurrenc......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....as vested and non-resident property. On 7th February 1981 when the suit was fixed for peremptory for striking out the name of the appellant from the plaint alleging that though it transpired at the time of filing the suit that he was a leasee, in fact, defendant No. 1 being not a leasee of the sui......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....ses. Three witnesses were produced by the prosecution but owing to the prayer for adjournment the Court adjourned the hearing fixing 22-12-83 for trial. On 22.12.83 the prosecution sought for further time as the witnesses could not be produced. The learned Judge, however, rejected the prayer for t......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....ts audited by the auditor appointed by appellant, namely Irshadullah Patwary & Co. Appellant who appeared by filing affidavit contended that since the Annual General Meeting was convened within time the Company Judge had no jurisdiction to re-open the issue and/or to decide upon the validity o...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....case, he best knows that if any wrong has been committed, this has been possible due to his participation in the transactions as mentioned above. He cannot both approbate and reprobate, at the same time. 17. Mr. B. N. Chowdhury, Counsel for respondent No. 1(d), quite vigorously argued his case ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....the Presiding Officer en the spot. If these were post-election manipulations, that is, after dispatch of the ballot-papers by the Presiding-officer and before the recounting by the Tribunal after a time gap of about 9 months, then the returned candidate could not be saddled with its responsibili......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....1.84. In other word, after one year and nine months the ballot papers are to be recounted. The question is whether it is feasible for doing so. It has directed to recount the vote after such a long time specialty when sufficient foundation has not been laid for ordering recounting. The electio......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....llowed, from making the deposit but to adjust the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determination......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....thwith and submit a report of such search and seizure immediately. Let a copy of this order be served upon Mr. Waliul Bari Chowdhury by the Officer-in-Charge of Kushtia Police Station at the time of execution of this order. Sd- Illegible 16-4-85 A.K.M. Fazlul Hoque Miah ......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ep but curable. To hold to the contrary would mean encouragement of performing robbing function which is not within the scheme of law. If such procedure is followed then the Sessions Court will in no time be overburdened with motions against the orders passed by the Magistrate at the interlocutory s......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....2.78. the Additional Sessions Judge fixed the trial date on 8.5.78 and passed necessary orders. On 8.5.78 accused persons and three assessors were present but prosecution filed a petition praying for time. It was allowed and the next date of trial was fixed on 14.8,78. Before that date, however, the...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ly and mentally and there remonstrant mental hissing between the two groups of people for supremacy over any issue and none can tolerate none for dissension and the new bazar is the result of that sentiment of village politics. The bazar within 1/3rd mile of the old hat surely-hampers the old one an......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent of the S.C.C Judge was set aside said the rule, was made absolute. 6. Leave was granted to consider the question; (a) whether the landlord waived the agreement by accepting the rent beyond the time period, (b) whether the sub-letting was not prove, (c) whether the agreement itself is void, si......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....e executive arm of the Government will not be allowed to attack and deface the honour, dignity, majesty and independence of the judicial organ of the State. If they are so allowed, then in no time the remaining civilised fabric of our society will collapse. It is the country and the people......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....in Aiyar's Law Lexicon of British India: "Where a person is indicated in a statute or legal instrument not by name, but either by an official designation or as one of a class a question sometimes arises whether he ceases to be the person so indicated in losing his official designation...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....contended that defendant Khorshed Alam was never the legitimate son of Amir Ali Mia and as such was not entitled to be the Mutwalli. Plaintiff's further case was Amir Ali Mia married for the third time in 1939 Mst. Meher Shamsun Nahar from Bogra and 3 sons and five daughters were begotten out of...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
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