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Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......time barred. Plaintiff appellant thereafter preferred the F.M.A. which was rejected summarily as stated above. 3. Mr. Nurullah appearing for the plaintiff appellant submitted that the records of the Money Execution Case No. 17 of 1960 were destroyed according to the rules and the p......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... informant also saw the appellant Abdul Quddus going away from the place of occurrence with a blood‑stained dagger in his hand. 6. Presently we will discuss the oral evidence on record in extenso to see whether the prosecution has been able to prove it's case against the cond...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......with the House Rent Controller, firstly, in the name of Abdus Sattar and then coming to know of the transfer in favour of the plaintiffs, in the name of the plaintiffs. The trial Court found from the record of Misc. Case No. 280/80 that the defendant had been depositing rent in favour of Abdus Satta......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....of Hajee Abdul Majid Lane, Dhaka deposed that the suit house was dilapidated. 5. The defendant-respondent deposing as DW 1 stated that the condition of the suit house was good and the plaintiff and the members of his family did not need the house for their own accommod......ses will be that of a tenant by sufferance. We do not think that this is a proper case for entering into a consideration of the decision in Abdus Sattar's case. The tenant respondent is not on record to have denied the tenancy after the death of the landlord and so we are not inclined to 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. ..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. ...... part of section 304. He has in this connection referred to the nature of the assault as deposed to by PW 2, death certificate Ext, 3 which speaks of natural death of Usha Rani and (he evidence on record that she was already suffering from female disease. Mr. Rahman pointed out that neither the ......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
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......od, which were allowed. On 15.9.88 the appellants prayed for time for the fourth time but the prayer was rejected on the ground that they failed to file their written objection Within 30 days from service of notice on 17.7.88. The Arbitration Miscellaneous Case No. 63 of 1988 was decided ex part..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......attempted to dispossess the plaintiff. 3. The defendant-appellant's case is that the suit land belonged to Dinomoni Barmani and Lalit Chandra Barman in equal shares and their names were correctly recorded in the CS Khatian No. 125 (Ext. B); that by an exchange Lalit Chandra Barman got Plot No. 8......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....on. So the contention urged by the learned Advocate for the opposite party that the finding of fact arrived at by the Small Cause Courts Judge cannot be interfered with the revision does not hold good inasmuch as where there has been mismanagement of the case or actual perversity in decision......nd that the partnership deed was inconsistent with common course of human conduct. It was created later on to defeat the case of the plaintiff. The learned SCC Judge fully discussed the evidence on record and found that Sunil was in possession of the suit premises. Ansar Ali was carrying on a se......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. ..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ...... for completion of the proceeding is mandatory and not directory as submitted by the appellants. 13. The appellants further contend that because of the misplacement of the case records the proceeding could not be completed in 6 me and hence the period during which the record......ember, 1985 issued by appellant NO. 2, the Chairman, Bangladesh Council of Scientific and Industrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case i..Category: Employment/Service Law | Date: | Hits: 125
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. ......is brothers in 1308 BS. Defendant No. 3 Lal Miah filed a written statement admitting the claim of the plaintiffs, but did not contest the suit. 4. On consideration of the entire evidence on record the trial Court fully decreed the suit in preliminary form in respect of all the properties ......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
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... untimely hours of night is an additional circumstance which the learned Judges considered against the petitioners. The learned Judges of the High Court Division on consideration of the evidence on record and other attending facts and circumstances believed the prosecution case with regard to the......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
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. ......nd after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs ......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
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
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. ......t the deceased might have been murdered by someone else without the accused knowing anything about it." 6. This case and some other cases have been relied upon by the High Court Division in recording the order of acquittal in the present case. It will be for our ultimate consideration in t...... 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
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......with regard to two different dates 26th June, 1982 and 28 August, 1982 were not complied with the developments in the suit could not be known to respondent No. 1's Advocate. After inspection of the record the respondent came to know on 2nd March, 1983 about the ex parte decree and filed the Misc......ed for filing written statement and an application for further time for filing written statement was rejected as there was no one to move that application. The suit was fixed on 2nd June, 1982 for service return on defendant No. 1. The plaintiff filed an application in this regard and on 23rd Ju..Category: Procedural Law | Date: | Hits: 104
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. ...... civil suits in the matter. The second party claimed to be in continuous and uninterrupted possession of industrial plot No. 170 (north) from 7.8.63 for 24 years last past." 3. The case records were sent to the court of another Metropolitan Magistrate on 4-10-87 and the learned Magis...... 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. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......ounsel for the accused-petitioner, and we have found that the points have been rightly repelled by the High Court Division. 8. But before parting with this case we record our strong disapproval of the manner in which the learned Judges of the High Court Division ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
.... 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 suits under Art. 3 of PO No. 12 of 1972. The defendantsR......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. ......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
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