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Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....opinion, is not also in conformity with the principles of equity, justice and good conscience because the plaintiffs never expressed their desire for pre-empting the structures also at or about the time when the transfer was made. It is in evidence that defendant No.1 with her family had been liv......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....e civil revision case, on the grounds that appointment of receiver is a discretionary power of the Court and that the property in suit was under the management of the receiver for a long period of time. 5. Mr. Shafique Ahmed, learned Advocate appearing on behalf of the appellants, has con......in Civil Revision No. 366 of 1992 with an ad-interim order of stay of operation of the judgment. 4. During the pendency of the revision case the respondents filed an application praying for appointment of a receiver for the suit land stating, inter alia, that they obtained a decree on 27...Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....or declaration of their title to the disputed house and for releasing the same from the list of the abandoned property and further for delivery of its possession to them. 4. In the meantime, the Government published a Gazette notification on 23.9.1986 under section 5 of the Abandone...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....riod of 240 days or within the extended period of another 30 days and thereby 270 working days had already expired on November 11, 1989 Their further case was that the case was transferred in the meantime to the Court of Assistant Judge Munshiganj who again transferred the case to the learned Sessio......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....igh Court Division rightly relied on some decisions of this Division and the High Court Division and whether it failed to rely on some more appropriate decisions of this Division. 12. At the time of granting leave Mr. TH Khan, entering Caveat for the auction-purchaser orally objected to C......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... written statement contended that lot No. 1 in 'Ka' schedule land belonged to his father Jamiruddin. Lot No. 2 in 'Ka' scheduled property also belonged to his father Jamiruddin in 'korfa' right at time when it was not heritable. After his death the land was resumed by the original tenants Amir a......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....an also resided in the said room. On Monday the 10th Falgoon. 1370 corresponding to 24.2.64 at about 7-30 PM the accused Taru Mian, a police constable attached to the Tongi outpost at the relevant time and the accused Abdul Gani came out of the room of Ali Ahmed where they used to take their mea......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....nd her minor daughter slept in hut. Accused Lutfor Fakir had sent may his wife to her father's house about 10 days before the occurrence. Accused Lutfor Fakir slept in the southern bhiti hut. SBBC time after mid-night deceased Dulal's pond mother Saju Bibi called PW 2 Bano Hi and asked her wheth...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....oor thereof to one Prafulla Nandi, and the huts of holding No. 346 to the defendant No.2. The first floor was blown away by the cyclone of October 1960. The sub-tenants were in occupation from the time of her husband with the knowledge and consent of the plaintiff and, as such, the defendant No.......a properly framed title suit. His hope of securing the desired end of throwing the defendant No. 2 out of the premises by a simple ejectment suit, in the facts of the case, is bound to meet with disappointment. The result, therefore, is that the appeal is dismissed without any order ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
.... BS the five brothers partitioned the joint property and since then they possessed their respective properties separately in separate sahams after effecting a partition by metes and bounds. At that time, no specific document or deed was executed and registered by the parties and the partition, i......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....nd the defendants was the sole owner in possession of the homestead property described in schedule 1 and also the 3 plots of the cultivable lands described in schedule 2 to the plaintiff for a long time. Syed Md. Idris Ali was a renowned 'Peer' and towards the north of the homestead the tombs of......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... for removing him as Chairman of the said union council on the allegation that he falsely identified certain person as sole heirs of some deceased persons although they had other co-sharers at the time of disbursement of compensation money. On receipt of this letter the respondent No. 2, the con......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....erson should be tried before himself or some other Magistrate, in such case he shall proceed accordingly. The learned Magistrate took up the trial of the case against the accused persons and at the time of writing out judgment it appeared to him that some of the accused persons should stand trial...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....purchased the land under pre-emption by kabala dated 24th September, 1964 from Anil Kumar for a consideration of Rs. 1500.00 without serving any notice thereof to the petitioner. She for the first time came to know about the said sale on the last Asar, 1372 BS corresponding to 16th June 1965, fr......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....leting the investigation he submitted charge sheet against the accused appellant. A Magistrate of the First Class held preliminary inquiry and committed the accused to the Court of Sessions. At the time of trial the prosecution case was that the accused occasionally used to have quarreled with h......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....ssion as sought to be made out by the plaintiff petitioner are all false and motivated. It is their further case Birendra died in Pakistan on 31.12.66 and he was insane for about 30 years till the time of his death, and that he leaving 4 sons all of whom are residents of India and that the plain......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....said to have been committed in the same transaction as another offence must depend upon the facts and circumstances of each case. The usual criteria applied are questions relating to the proximity of time, place, and the continuity of action and community of purpose. Reference may, in this connectio......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....ot; 2. The petitioner's case is, that during the settlement operation in the years 1903-1904, 1511.40 acres of land of touzi No. 2694 of the Collectorate of Bakarganj which belonged at that time to "Tagore Raj Estate" was in the bed of river Tetulia. During the revisional survey......ge, Mehendiganj police station submitted a report to the Sub-Divisional Officer, Sadar (North), Barisal for drawing up proceedings under sections 145 and 146 of the Code of Civil Procedure and for appointment of receiver for the standing crops. Accordingly, proceedings were drawn up by the Sub-D..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....se their share of arrear rents from the plaintiff of the Money Suit by instituting another independent suit in that behalf. If the further proceedings of the Money Suit be now stayed and in the meantime the Title Appeal be allowed to be disposed of the plaintiff of the Money Suit will not be in ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....rector (Superintending Engineer Cox's Bazar Division). In the above letter, the plaintiff also asked for doing justice in his matter. A similar claim for item Nos. 2 and 3 was also pending at that time before the Project Director., who was the Superintending Engineer of the circle from another C......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
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