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Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ......all govern all the cases. 2. The common case of the petitioner in all the three miscellaneous cases is that be is the co-sharer by inheritance in C.S. Khatian No. 803 of mouza Chandpur and lands recorded therein originally belonged to Shall Kumar, Kali Kumar, Krishna Chandra, Raj Kumar, Nakshat............Petitioner Vs. Abdul Rob Chowdhury & others...........................Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarcating a joint holding sub-section (3) of section 117 that that when an order under sub ......tee-opposite party No.1 contested the cases by filling written objection and alleging, inter alia, that the petitioner was not a co-sharer in respect of the disputed property with regard to which two khatians under S.A. operation, namely Khatian Nos. 844 and 845 have been prepared and the disputed l..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......e Municipal Corporation from implementing its development plan is hit by Martial Law Order No. 40 of 1982. There is also an error apparent on the face of the judgment because no satisfaction has been recorded in the judgment that the order of status quo will not have the effect of prejudicing or int......immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......kan Ali was taken on remed to the Thana on 8-5-81 and he was kept detained in the Thana upto 11-5-81 and from the Thana he was straight away taken to the Magistrate on 11-5-81 when his confession was recorded. 12. Prolonged police custody immediately preceding the making of confession is suffic......be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......hat there was no oral agreement for reconveyance of the suit land but the defendant bad always paid rent to the plaintiff as a sub-tenant and obtained dakhila from the plaintiff and also got his name recorded as such in the Revisional Record of Rights. So the plaintiff has no cause of action an......ers.....................Respondent Judgment August 23, 1983. Result: The appeal is dismissed. Cases Referred to- Hanif-un-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.A. Page 305; Abdul Khaleq Vs. Mst. Saiman Nessa Bibi; 19 D.L.R. p......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ...... to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
.... that the contention of Mr. Pal becomes irresistible. 11. Secondly, Mr. Pal has argued that the learned Additional District Judge upon a misconception of Section 13 of the Evidence Act wrongly held that the recital in the Kabala, exhibit-A, to the effect that Kali Prasanna was in poss......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......ies Judgment July 6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal ......ers Kali Prasanna alone got the property of this country including the suit land to the exclusion of all other co-sharers. While being in possession Kali Prasanna sold 13 decimals of land of the suit khatian to Madhab Chandra Banik (P.W.2). There was some mistake in R/S Khatian No. 169. Kali Prasann..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......sain, Counsel for the plaintiff-respondents, submitted that the High Court Division, on an independent and elaborate consideration of the evidence on record, both oral and documentary, specifically recorded the findings that the pucca house in question was not constructed by the appellant N......95. ....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....rty No.1 Mr. K.M.J. Akbar, Commodore, Bangladesh Navy, Director of Works, Dhaka filed a petition of complaint (Annexure ‘E’ to the petition) dated 9.2.81 as a public servant U/S. 200(aa) Cr.P.C. (wrongly quoting section 200(h) Cr. P.C. in the court of the Chief Metropolitan Magistrate, Dhaka w......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......s be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....uit property is debuttar property? (b) Whether the suit is time barred? 4. Mr. Shafiqur Rahman, learned Advocate appearing on behalf of the appellants has contended that the trial Court has wrongly shifted the burden of proof on the defendants to prove that the property was not a debuttar ......property orally and handed over possession to the deity. They used to perform puja and other functions, and subsequently, they appointed one Hemangini Guha as the Shebait. The Suit land was correctly recorded in the S.A. Khatian. The Sarkers created two tin sheds for the Shebait. Later one Kumud Cha...............Appellants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee......y as উক্ত বিগ্রহের সম্পত্তি” She did not claim the property to be a settled land of Hemangini Guha. In Ext. A(1), the certified copy of the attached khatian of suit plot, we find same thing was written, in the title column above the entry of the nam..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......session of the land on payment of rent for which he got dakhilas from the Government. The defendants constructed 3 huts of golpata in Asar, 1367 B.S. on 10 decimals of land and got this piece of land recorded in the record of rights prepared after State acquisition. Hence the suit. 4. Defendant......ted in: 37 DLR (HCD) (1985) 126. ......li Sk. on 4.9.34 which was sold in execution of rent decree vide rent execution case No.1913 of 1934 and took delivery of possession on 31.1.55. This raiyati interests comprised 4.48 acres of land in khatian No.188. Within this raiyati interest there was an under tenancy comprising. 10 decimals of l..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......e appellant denied the landlord-tenant relationship with the respondent and set up a claim of his independent title on the basis of purchase. The suit land consists of 3 Plots Nos. 25, 26 and 27 recorded under three separate C.S, Khatians. Plot No. 26 belonged to Kalicharan; plot No. 27 belonge......s also reported in: 35 DLR (AD) (1983) 216. ......om Chaitra 1358 B.S. The defendant after paying rent for a few months started defaulting and during "Rent-roll Operation" unsuccessfully tried to get his name recorded in the khatian as owner of the suit premises. The Revenue authorities after rejections recorded the pl..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......n to Ruhia bil to search out the deadbody but he could not as night fell. In the same night accused Sudhir was again brought to the house of the informant. At that time his confessional statement was recorded in writing and in the following morning accused Sudhir was again taken to Ruhia bil from wh......appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......eceived dagger blows on his person and suecumber to his injuries Tangail P.S. Case No.10(11)/81 was started on the basis of the said F.I.R., The Police investigated into the case, examined witnesses, recorded Memo of evidence and submitted a final report (true) in respect of the said case on 26-12-8......ds be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
....pellant Company, submitted that the document, Exhibit 1 (c), upon which the appellant relied was to establish that the respondents' predecessor was a licensee and not a lessee, was wrongly construed by the High Court Division. This document was in printed form and supplied by......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......: 35 DLR (AD) (1983) 157.
......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....B.N. Chowdhury has submitted that the order of the learned Addl. District Judge was not in accordance with law in view of the fact that there was an order of injunction passed by the Court rightly or wrongly and until and unless the order is reversed the order remained in force and any violation of ......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ...... This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......t Abdul Quddus. A few days later she was taken to Gaibandha where the police arrested her and accused appellant Abdul Quddus. She was produced before a Magistrate 1st Class, Rangpur (P.W.10) who recorded her statement Ext. 2 under section 164 Cr.P.C. In this statement she disclosed how she was ......Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......, 4 and 10 and accordingly answered the same in favour of the plaintiff. While considering the question as to the bona fides of the Will executed by Girish Chandra, the learned Subordinate Judge recorded a clear finding that the Will was a bonafide document and it was not created to defraud the...... This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
....r of the ship AYIJTHIA, though a necessary party has not been impleaded and suit so the suit is bad for non-joinder of parties and it must fail. Relying on Ext. A the cargo plan of M.S. AYUTHIA (wrongly stated as S.S. AYUTHIA in the plaint), Ext. B cargo manifest, Ext. D letter dated 21-7-80 fr...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ...... Present: M.H. Rahman J Albert David (Bangladesh) Ltd…………………………………………..Plaintiff Vs. M/S Brestern Shipping Company Ltd. & others…………...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
.... owner of the ship AYIJTHIA. though a necessary party has not been impleaded and suit so the suit is bad for non-joinder of parties and it must fail. Relying on Ext, A the cargo plan of M.S. AYUTHIA (wrongly stated as S.S. AYUTHIA in the plaint). Ext. B cargo manifest. Ext. D letter dated 21-7-80 fr...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ......Supreme Court High Court Division (Admiralty Jurisdiction) Present: M.H. Rahman J Albert David (Bangladesh) Ltd.…………..…..................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant ...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
....79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
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