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Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....ncy Act as there was no previous settlement operation in the District of Sylhet. Relying on the evidence of P.W. 1 the learned Advocate for the respondents contended that the said Khatians were wrongly prepared in the name of the landlords. P.W. 1 in his deposition stated that during last sett...... Result: The appeal is allowed. It is well settled that possession follows title. Even occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of f......ost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......d Kazirchar within Police Station Muladi he held a meeting on 24.1.93 for enlisting members in the Sharbahara Party and as such, a General Diary being Diary No. 562 of Muladi PS date 26.1.93 has been recorded against him. In ground No.5 it is stated that on 4.2.93 he along with another 20/25 members......unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......ng of the learned Magistrate in respect of possession of the case land under section 145 CrPC cannot be reversed by the learned Sessions Judge in consideration of the material placed and the evidence recorded in this case. He further submits that it was the consistent view of the different High Cour......m according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...... documents they filed before the court. Their case is that they purchased land from Sonai Bairagi and Umesh Bairagi the plots of land being plot No. 317 and 318 comprising an area of 3.36 acres under khatian No. 104, the record was subsequently corrected by filing the Misc. Case before the ADC (Rev)..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....Section 395/397 on the basis of the so-called confessional statements of the 3 accused vide Exts.6, 7 and 8. It appears that be has misconstrued Section 30 of the Evidence Act and wrongly accepted the confessions of the 3 appellants as true and voluntary and illegally convicted a...... 23, 1992. Result: All the appeals are allowed. Manner of recording confession of an accused Sub-section 164 (3) speaks of the manner as to how a confession of an accused is to be recorded by a magistrate and this is a mandatory provision and failure to comply with it shall make ......wn the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......the defendant‑appellant, submitted that during the pendency of the Suit, the parties made a compromise, the terms of which arc embodied in the solenama (Ext. A) and therefore, the compromise may be recorded under Order 23, rule 3 of the Code of Civil Procedure and decree passed accordingly. Mr. MB...... is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patna) 582. Lawyers Involved: Syed Mohammad Dashtagir Hossain, Advocate‑For the Appellants. MB Taz Mohammad, Advocate‑For the Respondent Nos.2, 5 &......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......inally belonged to Gobinda Chandra Podder and others, from whom about 40 years ago one Joynal Abedin acquired it. He raised thereon two four chala tin sheds and used to live therein. The property was recorded in his name in SA Khatian. By a kabala executed by Joynal Abedin on 22.10.1965 and register...... once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....arges in the same trial was covered by section 239 (d) of the Code of Criminal Procedure. He has submitted that the learned Judges of the High Court Division upon a misconception of facts and the law wrongly held that the trial was vitiated by misjoinder of charges and persons. In support of his sub......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......l Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
....d by purchase in 1949 (1356 BS) by one Duraram Upadhyaya, S/o. Late Thoparam Upadhyaya from the original owner Rakesh Chandra Kar and others. During the last Settlement Survey, the said land was wrongly recorded in the names of the heirs of original owners and on a petition of objection by the ......ssioner, Sylhet (Respondent No. 2) have been impugned,
2. The following are averments in the writ petition necessary for disposal of the Rule.
3. The land of plot 6436 measuring .0956 acres recorded in khatian No. 3691 as cultivable vacant land within Sylhet Municipality, Kalighat, was acq......xure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......het (Respondent No. 2) have been impugned,
2. The following are averments in the writ petition necessary for disposal of the Rule.
3. The land of plot 6436 measuring .0956 acres recorded in khatian No. 3691 as cultivable vacant land within Sylhet Municipality, Kalighat, was acquired by pur..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....ederation void on the ground that the petitioner was disqualified to contest the election being a defaulter in respect of payment of loan of the society. The petitioner was not a defaulter but he was wrongly described as a defaulter by the Arbitrator. It is the further case of the petitioner that th......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....sh Electrical Association is not maintainable. But petitioner in petition No. 2341 of 1991 being a juristic person and petitioner in petition No. 2342 of 1991 being in essence a natural person though wrongly described can maintain their respective petitions being persons aggrieved within the meaning...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
......any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: T......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... be committed to a certified institute or an approved home until such child attains the age of eighteen years, or, in exceptional cases for a shorter period, the reasons for such shorter period to be recorded in writing, or (b) to be committed to the care of relative or other fit person on suc......cordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......0 and plaintiff No.11 have been possessing the same by cultivating Boro paddy and also rearing fishes on payment of rent to the ex‑landlord. But during the Rent Roll operation the disputed land was recorded in khas khatian of the Government without any basis. The defendant No.4 contested the suit.......rs Involved: Abdur Rashid, Advocate‑For the Petitioners No one‑For the Opposite Parties. Civil Revision No. 1352 of 1980. Judgment AM Mahmudur Rahman J.- This Rule is against the judgment and decree of reversal passed by the learned Additional District Judge, 5th Court,...... Mymensingh. Their case was, inter alia, that the land belong to 3 different groups of people. Wazid Ali Khan Punni, Ambika Charan and Bankim Charan and Kulada Charan were the original owners of land khatian Nos. 26, 27 and 35 respectively. Predecesor‑in‑interest of plaintiffs Nos.1‑10 Abdur R..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... there is no practice or rule of the court for filing a separate application for bail while moving a revisional application and on that score the learned Single Judge of the High Court Division acted wrongly in refusing bail of the appellants and directing for filling a separate application after su...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......nal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....gh, but for the direct evidence of recognition, the confessional statement of the co‑accused carries no evidentiary value. In conclusion, we find that conviction of respondents Ashraf and Matin was wrongly set aside by the High Court Division. The appeal is therefore allowed and the order of acqui......amely PWs 2, 3 and 4 who deposed to have recognised the assailants on the spot in moon light. 4. Mr. B Hossain, learned Deputy Attorney General, has taken us through the entire depositions recorded in this case and has contended that participation in the murder of the deceased Chairman by......l bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....the appellate Court which found material irregularities and fraud in publishing and conducting the sale, by overlooking the provision of Order 21 rule 68 of the Code of Civil Procedure and whether he wrongly upheld the auction sale in question. The High Court Division upheld the sale only on th......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......e appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......wever, took a new ground to justify the claim of pre-emption, and the learned Single Judge accepted the new ground. The learned Single Judge found that the land of each Schedules comprised a separate khatian and that each khatian constituted a separate holding, and that consideration for each of the..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....1 of the Code of Civil Procedure, one of several defendants may obtain reversal of the whole decree where it proceeds on ground common to all and as such the learned Judges of the High Court Division wrongly held that the appeal was not maintainable without making defendant No. 2 a party‑responden......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......ppeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......eceipt of the record of CR Case No.155 of 1989. The learned Magistrate shall try both the cases one after another giving opportunity to the parties to adduce their evidences and the evidences already recorded in CR Case No.155 of 1989 shall be kept intact and the further evidence which will be adduc......vidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......ppellant. We, however, find it difficult to acquit the appellant in view of his clear and straight‑forward confession and other evidence on record. P.W.13 ASM Mobaidul Khan, Magistrate, First Class recorded his confession and he did not find any mark of injury on the person of either of the two ac...... that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
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