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Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ok the concurrent view that plaintiffs' suit is not maintainable as five of them were not parties to the partition suit but one of them was a party. 2. The suit property, as the appellants' case in T.S. No. 93 of 1966 shows, belonged to proforma-defendants Nos. 4 to 55 and plaintiffs Nos...Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....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. ......dents (In both the Appeals) Judgment September 1, 1985. The Non-Agricultural Tenancy Act, 1949 (Act No. XXIII of 1949), section 24 Pre-emption In pre-emption cases under section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy ..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....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. ......bsp; No.50 of 1972. 3. The Petitioners then moved the High Court Division, Comilla Bench, under section 561A of the Code of Criminal Procedure, for quashing the proceedings of the said case and a Division Bench by its order dated 8.9.82 in Criminal Revision No. 608 of 1978 refused t..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....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.......e Court are binding upon the High Court Division in Second Appeal unless it could be shown the said findings had been vitiated by an error of law or of procedure which had affected the merit of the case………(22) Lawyers Involved: S.R. Pal, Senior Advocate (M.H. Khandker, Senior Advocate ..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... 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. ...... section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. The material consideration in a case under section 143A of the State Acquisition and Tenancy Act is the question of possession. Wha..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... (3), it prohibits an ijaradar or revenue farmer from acquiring any occupancy right………..(10) The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (1) (2) In a case of merger, the landlord holds only the superior interest and can possess the land as a tenant ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....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. ......f the High Court Division, in Second Appeal No. 40 of 1974. 2. Defendant is the appellant. Plaintiff-respondent instituted a suit under section 77 of the Registration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed la..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......forum under section 14 of the Limitation Act, such proceeding should be prosecuted in good faith with the belief that it is the right forum…………….(12) Considering the circumstances of the case, lawyer’s pre-occupation was not a sufficient ground for failure to take steps in the proceed..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......72 and AIR 1925; Harendra Lal Chowdhury vs. Haridashi Devi 41 IA. 110; Gorukhpur Vs. Ram Swidar Mal 61, I.A. 286; Pahaladi vs. Musammat Laraiti 41 All. 22;Biswanaih vs. Chandra Narayan Chowdhury's case 48 Indian Appeal 127; Hari Ram Vs Sheodiul Ram 16 I.A.12; Nurunnessa Khatun 39,CWN 120; Venkat..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....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. ......section 17(1) the provision of which is mandatory. This view of the learned Small Causes Court Judge has been maintained by the High Court Division which has also observed that facts of the instant case are quite distinguishable from those of the case of Benode Bepari Saha vs. Nitya Gopal Shaha, 3..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......ucted by Md. Roab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal No. 5 of 1980. (From the judgment and order dated 13.9.77 passed by the High Court Division in Death Reference case No.4 of 77 and Criminal Appeal No. 37 of 1977.) Judgment Badrul Haider Chowdhury J. — T..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....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. ......ossessed the land for some time and thereafter they took settlement from Priyabala herself and got possession, and accordingly their names were recorded fu the Preliminary Rent Roll. Their further case is that though the plaintiffs had served notice under section 87 of the B.T. Act for taking kh..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......that "the court has unfettered jurisdiction to entertain a suit in spite of such bar to enquire into whether the actions taken are in conformity with law" and concluded that in the plaint no such case have been made out for coming to a decision that the purpose was not a public purpose. In this ..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......sh has the power to review its own judgement acting on its own. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for fili..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....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. ......20 January 1983 of the High Court Division, Jessore Bench, maintaining the Additional Sessions Judge's order convicting the appellants in Sessions Case No. 159 of 1979 Patuakhali. Facts of the case relate to the murder of one Abdur Rahim Farazi, father of P.W.1 Ismail Farazi of village Choto..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......ed class of officer have not been followed……………(7) If an act under both the General law as well as under the Special law constitutes an offence, in such a case it would be more appropriate to prosecute the offender and convict him under the Special Law, ..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....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. ......be opened and without considering in detail all the evidences on record relied on by the learned Single Judge. After hearing the parties in Civil Appeal No.129 of 1977 this Court remanded back the case to the High Court Division to dispose of the appeal in the light of observations made in the j..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......rt’s protection may be sought for. Since the question for determination before the Trial Court is whether there has been any violation of conditions in the tender notice and since the case is pending for trial expression of any opinion is not called for. Since there has been no vio..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....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. ......cord even without drawing the attention of the accused to the point when examined under section 304 of the Penal Code. In such circumstance, it was the duty of the appellate Court to send back the case on remand for a re-trial of the case on framing on appropriate charge against him, but it was ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......and order dated August 31, 1997 passed by the High Court Division in Writ petition No. 41 of 1993 making the rule absolute declaring the judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and furt..Category: Property Law | Date: | Hits: 40
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