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Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....-emption cases under section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy 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 centr......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)
....t Division, Comilla Bench, in Criminal Revision No. 608 of 1978.) Judgment Chowdhury ATM Masud J.—This appeal by special leave granted by this Court is against the judgment and order dated 8.9.82 passed by a Division Bench of the High Court Division, Comilla Bench, refusing ......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)
....ly admitted sale of the suit land by them to the plaintiff. 6. In the meantime liberation war started and the defendants left for India and after libeÂration when they came back, the plaintiff in order to regularise the transaction demanded kabala but the defendants delayed the execuÂtion of th......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...Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....vocate-on-Record—For the Appellants. Santi Ranjan Karmaker, Advocate-on-Record—For the Respondent Nos.1 & 2. Civil Appeal No. 6 of 1984. (From the judgment and order dated 22.6.83, passed by the High Court Division, Dhaka Bench, in Civil Revision Case No.150 ...... 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)
.... Ex parte —For the Respondent Nos. 1(a) to 1(g), 7 to 8, 10 to 18, 20, 21(a) to 21(f), 22 to 32, 34 to 48 and 50 to 53. Exempted from filing substitution application vide Court's order dated 7-8-84—For the Respondent Nos. 19. 33 & 49 is dead. Struck off vide C......est of Ahmadullah Dewanji from whom Golam Rahman and others inherited it was annulled under section 37 of the Revenue Sales Act; (d) That the subsequent settlement (Jama-bandi) from the Government in favour of the defendants and others was perfectly lawful and valid; (e) T..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....ith the question as to whether the document is executed by the person by whom it is alleged to have been executed but not its validity. This section provides for a suit if the Registrar refuses to order a document to be registered…………..(5 and 6) The questions ......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)
....er proceedings in wrong forum. But the appellant being found negligent in prosecuting the other proceedings 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 Dist......for her removal from the office of the Mutwalli on the ground of her utter negligence in managing and looking after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, in different places of the then Pakistan including Karachi. In due course she re..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... passed by the High Court Division in Second Appeal No.161 of 1977). Judgment Badrul Haider Chowdhury J.— This appeal by special leave is directed against the judgment and order of the High Court Division passed in Second Appeal No.161 of 1977. 2. The appellant as......ages relating solely to land in other parts of the Presidency could be validly registered by the sub-registrar at Calcutta if the parties merely took the precaution to add, as a last parcel, Government House, Calcutta, or any similar item." The Privy Council, therefore..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....r 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 rejecting the application under Order IX, rule 13 C.P.C ………………â......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. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... Md. Haroon……………………….Respondent Judgment December 4, 1984. Result: The Appeal is allowed. Acquittal The state moves the Appellate Division against an acquittal order passed by the High Court Division Principle that guides the Appellate Division in such a ma......ortation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. M..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....d Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-9. Civil Appeal No. 78 of 1983. (From the judgment and order dated 1-6-82 passed by the High Court Division Dhaka in Second Appeal No.9 of 1968.) J......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. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....tioned validity for a public purpose and section 44 barring the jurisdiction of a Civil Court comes into play, there is no hesitation in saying that the High Court Division had correctly restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-1......petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....udgment of the Appellate Division dated July 13, 1982 passed in Civil Appeal Nos. 03-65 of 1982.) Judgment Fazle Munim CJ. — In Criminal MiscelÂlaneous petition No. 8 of 1982 the followÂing order was passed by this Court on February 6, 1983. ''Let a notice be issued upon the parties to ......ee appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partnerÂship registered on September 1,1968 for the purpose of carrying on contract business of Government and Semi Government organizaÂtions. The partnership is a family concern and the dispute ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....llants. M. Moazzem Hossain, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 48 of 1983. (From the judgment and order dated 20 January 1983 passed by the High Court Division, Jessore Bench in Criminal Appeal No.......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. ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....(6) 84 S.G R. No. 3 of 1984 pending in the Court of Upazila Magistrate, should not be withdrawn and transferred the same to Drug Court at Dhaka for trial and disposal and pass such other or further order or orders as may be seem fit and proper. Facts are as follows:—On 22.6.84 the S......nishable under this Ordinance, is a non-cognizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a ..Category: Criminal Law | Date: | Hits: 59
Planters (BanglaÂdesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....;For the Appellant. Rafiqul Huq, Senior Advocate instructed by Abu Backkar, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 2 of 1984. (From the judgment and order dated 20.3.83 passed by the High Court Division, Dhaka in appeal No.11 of 1967. Judgme......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)
....pondent No. 3 had no licence and as such had no locus standi to participate in the tender as per terms of the tender. The learned Subordinate Judge granted temporary injunction by his judgment and order dated 30 August 1984. According to the tender notice sealed tenders were invited from the ag...... Appellant's Counsel before him. Reasonings in his judgment appeared to show that the appellant's Counsel contended before him that the respondent No.1’s rates were abnormally below the Government's estimated rates, and this also showed the possibility of corruption and dishonesty. Th..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....Division of the Supreme Court held that there has been a failure of justice due to son-framing of charge under section 304 of the Penal Code and in the circumstances of the case, it was too late to order a re-trial of the accused. In the result, the order of conviction and sentence under section ......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)
.... Rokanuddin Mahmud, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-5. Civil Appeal No.127 of 1998. (From the Judgment and order dated 31st August, 1997 passed by the High Court Division in Writ Petition No. 41 of 1993). ...... Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....nt Md. Ruhul Amin CJ.- These certified appeals arise from the judgment and order dated December 11, 1994 of a Division Bench of the High Court Division in Writ Petition No. 1......e citizen, that the respondent Nos. 3-5 along with their members in the Parliament are boycotting the Sessions of the Parliament for fulfillment of the demand for bringing a bill for Caretaker Government by the Government and thus said act of the respondents and their members in the Parliame..Category: Constitutional Law | Date: | Hits: 147
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