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Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......also rushed there. The injured Shantu was then taken to Al-haj Textile Mill in a Transport sent from the mill. There he was given first aid by Dr. Abdul Mannan who also got dying statements of Shantu recorded in presence of the witnesses. Shantu was removed to Pabna Hospital and from there he was re......suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... observation made the contention of the learned Advocate that the suit is not maintainable without prayer for cancellation of kabala Ext. Al is of no substance. 11. It is true that Court has not recorded any finding about possession and he has not discussed the evidence of all the witnesses of ......llip;………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-For the...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
.... appellants has submitted that the statement of the I.O. to the effect that at the time of investigation Dr. Ambia and his wife told him of their capability to identify the accused in future was wrongly admitted in evidence contrary to the provision of section 157 of the Evidence Act which......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petitioner. No one&mda...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ...... Case is also Reported in: 36 DLR (1984) (HCD) 232 ......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......istered patta. 3. The defendant's case is that plot No.1292 which is the disputed plot including plot of 1292 and 1304 of khatian 65 belonged to Jalaluddin and others in korfa under the jote recorded in khatian No. 63 in the name of Kalimuddin Shaikh. The Babus purchased the jote of khatian...... Case is also Reported in: 36 DLR (1984) (HCD) 337 ......d by the learned Munsif Second Court Bagerhat on 25.9.72 in Title Suit No. 716 of 196. 2. Plaintiffs filed the suit for declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs p..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ...... Ahmed—For the Appellant. S. C. Das—For the Respondent. F. A. No. 17(C) of 1982 with C.R. No. 262(F) C/82 Judgment Mohammad Habibur Rabman J.— This appeal at the instance of defendant 1(d) Shantipada Adhikari, a Shebayet of the deity Sri Sri Chatteswari Debi Big......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......an not be accepted as evidence of due service. In this case it has further been held that in the absence of an inquiry made by the Court as provided in rule 19 and distinct declaration of due service recorded, there is no presumption of service of summons. 11. It is thus well-settled that due s......s Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......ears the exclusive right and possession of the plaintiffs for long over 12 years adversely to all others including the defendants. The plaintiffs have paid rents all through and their right have been recorded in the S.A. Khatian. The defendants No. 8 filed objection and appeal against the S.A. Recor...... (HCD) 242;4 BLD (1984) 127 ......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......merits fresh proceedings will be improper and will not be permitted. 11. In a proper case an implication for revival may amount to a fresh complaint but barring that for the reasons already recorded a revival is not possible. 12. From the above quotation it appears that if the order o......titioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
...., defendant Nos.10-12 and 22-24. Thus the plaintiffs got -/10/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the bas...... 8 annas share, Kadam Ali (defendant No.3) got -/I/- annas share, Nowab Ali got-/2/- annas share and Khatejan got -/2/- annas share. During the R.S. operation the aforesaid shares were correctly recorded. Hachenuddin and Khatejan died leaving one. son, Kashem Ali and one daughter, plaintiff No....... with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......ALI into the possession of the suit land. The defendants in the month of Falgoon, 1381 B.S. claimed title to the suit land and the plaintiffs for the first time, came to know about the erroneous S.A. khatian. As the plaintiffs title to the suit land has been clouded, the suit has been filed. 5...Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....hey sold the land to the plaintiffs, by a registered kabala, dated 31.3.58 and delivered possession to them. Since their purchase, the plaintiffs have been possessing the suit land. The land has been wrongly recorded in the name of the previous owners. The defendant No.6 fraudulently auction purchas...... the land to the plaintiffs, by a registered kabala, dated 31.3.58 and delivered possession to them. Since their purchase, the plaintiffs have been possessing the suit land. The land has been wrongly recorded in the name of the previous owners. The defendant No.6 fraudulently auction purchased the l......by affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......aisakh, 1362 B.S. and the superior interest of the landlords was acquired and the defendant Nos.4,5 and Laxmi Kanta were treated as tenants under Government and was recorded as such in the S. A. khatian. Thereafter the suit land was put to auction sale by the Government in Certificate case..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....ed subsequently in the K.S Khatian in the names of the vendors Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury, but actually it was not their personal property. It was in fact Wakf property and was wrongly recorded in the R.S. Khatian in the names of Yousuf Ali and Fakir Mohammad which facts have ......property for Tk. 300/- to appellant defendant No.1 Nezamat Ali and that in making the transfer they described the suit property in the said kabala as their personal property. The suit property though recorded subsequently in the K.S Khatian in the names of the vendors Yousuf Ali Chowdhury and Fakir ......ed in: 38 DLR (HCD) (1986) 45. ......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......e trial of a case within one hundred and twenty days from the date on which the case is received by him for trial. (2A)......................................... (3) If for any reason to be recorded in writing, a Magistrate or a Sessions Judge, Additional Sessions Judge or Assistant Sessio......th the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......983. Result: The appeal is dismissed. Evidence Act, 1872 (1 of 1872); Section 21 & 145. Acceptability of previous statement— A party's previous statement regarding a fact in issue is relevant and can be used against him if he has not appeared in the witness bo......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......rted in: 36 DLR (1984) (HCD) 285 ......3. The plaintiff-appellant claims that he is the Mutwalli of the Wakf Estate of Nazre-Mahmuda. The said Wakf Estate is the owner of the suit plot No. 23 comprising 2.15 acres and appertaining to C.S. khatian No. 48 of mouza Bagumbari District Dhaka. As Mutwalli the plaintiff is also the owner of two..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......or of Continental Shipping Lines to which the launch belongs was stated to be No.7/3 South Central Road, Khulna and the Branch office address of the said Continental Shipping Lines had also been recorded in the F.I.R. to be at 7/3 South Central Road (2nd floor), Khulna and the Head Office of th...... This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....ing upon entering into the merit of the respective claims of the parties with regard to possession of the proceeding land. The learned Advocate has also submitted that the learned Sessions Judge wrongly applied the decision reported in 23 DLR (S.C.) 14 inasmuch as the facts of the instant case ......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......ge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......squo; to the affidavit-in-opposition which bears out the facts stated in the said affidavit. It is found that the said suit includes the proceeding land as well which are plot Nos. 947 and 2387 under khatian No.1143 within mouza Basrapur, P.S. Kotwali. It is abundantly clear from the plaint (annexur..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......iyar and others Vs. Varadappa Chattiar and others, AIR 1940 Madras 17 in support of his contention. This was a case where the learned counsel did not urge all his arguments in support of the findings recorded in favour of his client by the first Court. The first appellate Court was led to a conseque......ite Parties Judgment October 10, 1983. Result: The application is allowed. Case Referred To- Dr. M. Fazil Zahir Vs. Mst. Begum Jan, PLD 1966 (Lahore) 53; Rekanti Chinna Chattiyar and others Vs. Varadappa Chattiar and others, AIR 1940 Madras 17 Lawyers Involve......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....ts. In any view of the matter without enabling the parties to include all the properties jointly held by the plaintiffs and the defendants within the hotchpotch of the partition suit, the trial Court wrongly dismissed such suit. 4. The question now raised is whether the lower appellate Court ri......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......s. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......currently and consequently there was no cause for inclusion of any property covered by Khatian No.72 and 33 in the hotchpotch of the present partition suit which is now exclusively concerned with the khatian number 25 only. 5. So far as Khatian No. 25 is concerned, it includes more than about 5..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
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