Search Options
Judgment Advanced Search
Displaying 5621-5640 of 6365 results.
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......e demolition. It is now too late to raise fresh issues of fact. 14. The only objection taken by the two Courts is that the sanctioned plan cannot be seriously considered in the absence of any averment in the plaint regarding its existence. But the fact is that the SCC suit wa......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......mere knowledge only that such act was likely to cause death but the intention to cause such injury as is likely to cause death was very clear. We are, therefore, satisfied that notwithstanding the absence of the requisite finding as to intention, the appellant was rightly convicted under the fir......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....facts which were not proved. In fact no reasonable man can come to the conclusion reached by the learned Small Cause Courts Judge inasmuch as the evidence led by the plaintiff opposite party is totally insufficient to prove sub‑letting of the suit premises by the defendant‑petiti......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......sp; Mustafa Kamal J.- Leave was granted to the landlord-plaintiff-appellant in this appeal to consider the simple question whether the High Court Division exceeded its revisional jurisdiction under section 25 of the Small Cause Courts Act III reversing the findings of fact arri..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......of Sarat vs. Bibhabati, 34 CLJ 302 that a statement in a judgment as to an admission made before the Court of first instance should not be doubted lightly by the appellate Court, specialty in the absence of an affidavit by the Vakil who appeared in the first Court. If litigants feel aggrieved b......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ention to the following observation made in the Introduction to ate aforesaid Manual: "After 1882 the question of accuracy of the survey was finally dropped. Notwithstanding the absence of confirmation the thakbast papers have in the Civil Courts on more than one occasion bee......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......morning and these are circumstances, which, if considered along with the other already found, would complete the chain and exclude the possibility of the innocence of the respondents. On the point of absence of explanation (or giving false explanation) as a conclusive circumstance, the learned Addit...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... steps. On 5-10-87, an off-date, the first party-appellant filed a special application for drawing up proceeding under section 145 of the Code. The learned Magistrate drew up the proceeding in the absence of the second party‑respondent, giving as one of the reasons the fact that the second......s issued to show cause why the said judgment shall not be quashed or set aside "on the finding that the proceeding under section 145 of the Code, in the said P Case N 383 of 1987, was without jurisdiction" and also why status quo as prevalent on 5.10.87 should not be restored. The Rule..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... 3 did not deny the sale but they asserted that they had their ancestral homestead in the suit lands and they were co‑sharers of the holding and the suits were decreed on compromise in their absence. The case made out by defendant Nos. 2 and 3 was good enough for the restoration of the sui......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......e present case, therefore, all the circulars beginning from 15.11.68 relating to Exchange cases are relevant and it could not be said in view of Annexure F in particular that the ADC (Rev.) in the absence of prior approval as required under circular dated 23rd May, 1977, had no authority to exec......es that the ADC (Rev.) may, with the previous approval of the Government transfer or otherwise dispose of any vested property either by himself or through the Sub‑divisional Officer in whose jurisdiction the property is situated. These are the provisions upon which the High Court Division ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......he defendant-Government-appellant contends in this appeal by special leave that the suit which was decreed by a Division Bench of the High Court Division, Comilla Bench in the first appellate jurisdiction upon setting aside the judgment and decree of the Trial Court dismissing the suit, is ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......eration. It will be seen that the courts below disbelieved the case of acquisition of the suit land for the Railway, as in their opinion, Exts. B and C were not sufficient to prove the same in the absence of proof of payment of compensation and further evidence as to LA Case record, etc. Referen...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... the present case was a case of no evidence and secondly, whether the High Court Division's order of acquittal was perverse as the strong circumstantial evidences adduced by the prosecution have been totally disregarded and ignored. 25. At the outset it is to be stated that in this case there is ...... investigation of the case. He has further contended that this evidence along with other circumstances, there being no explanation as to the injuries found on the dead body of the deceased, as to the absence of the deceased's husband at the inquest of the dead body and at the funeral, and in view of......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......bordinate Judge, Dhaka accepted his contention, allowed the appeal and on reversing the trial Court's decision decreed the suit holding that the order of transfer was invalid as th Corporation got no jurisdiction, power or authority to make such an order of transfer. This decision has been upheld by..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......by the trial court must be obviously and grossly perverse. It is true that another court holding a trial may have taken another view of the facts and evidence on record. This court in exercise of its jurisdiction under section 439 Cr.P.C. cannot make a reappraisal of the evidence on record and con..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......on by recourse to 423(1) (b)(2) by altering the conviction from 148 and 324 to 302/34 Penal Code and then by recourse to revisional powers the sentence was enhanced to transportation for life. In the absence of an appeal against acquittal, the same cannot be interfered with in the manner aforesaid. ...... on him according to law ; (b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused or order him to be retried by a Court of competent jurisdiction subordinate to such Appellate Court or (sent) for trial, or (2) alter the finding, ma..Category: Criminal Law | Date: | Hits: 55
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......he facts of the case it will be less than charitable to attribute to the appellants that they were "fugitive from law". There was nothing in their conduct to show that they were running away from the jurisdiction of the court or avoiding its process. Since, however, the appellants were not covered b..Category: Criminal Law | Date: | Hits: 97
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....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......bordinate Judge found that the said counterfoils having not been signed by the defendant could prove payment of rent. The trial Court, however, upon the said counter-foils giving some reasons for the absence of signatures of the defendant in, which were not adverted to by the Subordinate Judge. The ......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..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......t any time during the polling and as such there was no scope for the Election Commission to interfere or to direct fresh election. The order for re-election, it is contended, is therefore without jurisdiction. The High Court Division did not go into the merit of the case but disposed of it o..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......duct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear knowled......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.....e. C.S. Plot No.333 in the Sale certificate and in the writ of delivery of possession would support the pre-emptor's plea that he had no knowledge of the sale when C.S. Plot No.333 was a part of the total lands that were sold in auction and that sale was within the knowledge of the pre-emptor. 6......rtion 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 Bhagaban Clhandra Das, the petitioner'...... 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 ..Category: Property Law | Date: | Hits: 29
18001799179617941792179017881779177717761767175017271726172317211718171717161715