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Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....option to terminate the lease, the tenancy would continue to subsist. The provisions of section 108 (c) of the Transfer of Property Act are as follows: "108. In the absence of a contract or local usage to the contrary, the leasor and the lessee of immovable property, as against one anothe....... 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)
....n the state under article 4 to P.O. No.16 of 1972. The premises were allotted to naval officers and personnel for their family accommodation. The accused petitioner Maqsood Alam is the son of the non-local original owner of the premises in question. He withheld or failed to produce any legal documen......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
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......l discrepancy with regard to the actual assault on these two deceased persons by the accused person. P.W.8 Dr. Abdul Latif who held post mortem examination found one sever punctured wound on the dead body of Rahim Sheikh and according to the doctor this injury caused the death of Rahim Sheikh. P.W.8..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... clear, there is no satisfactory evidence as to the making of the oral dedication. The facts, however, remain that there is deity in the suit property for about fifty years and the people of the locality make their offerings to the deity there. Lack of the personal knowledge of the plaintiffs w...... the suit on behalf of the deity. The plaintiffs case is that the suit property was made debuttar by Tara Prasad Sarkar and his brothers. The Sarkars created a temple on the burning place of the dead body of their father, installed the deity and gifted the suit property orally and handed over posses..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....rded in S.A. khatian sometime in 1960 corresponding to 1367 B.S. This recording was objected to by the plaintiff by filing a petition before Revenue Circle Officer (Ext.3) whereupon the R.C.C. held a local inquiry and found that 10 decimals of land was recorded in the name of the defendants as forci......ntire land measuring 3.48 acres taken by him by way of settlement from the Ghosh landlords, the defendants could not produce any dakhila or paper to show that they ever paid any rent to any body in respect of the under-tenancy they claim to have been holding from a long period of time. It ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....uries which were ante-mortem and homicidal in nature. 12. We have only to ascertain if the act of murder was done by these accused-appellants in furtherance of their common intention. 13. 9 local witnesses were examined who may be grouped in 2 categories, namely, the relations and inmates ......n of the Party arrested accused Sudhir and brounght him so the house of the informant Accused Sudhir then made an oral confession that he along with other 5 accused murdered Jitendra and kept the deadbody concealed in Ruhia bil inside a sack. In the same evening accused Sudhir was taken to Ruhia bil..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....ip;……………………………………………………. (iii) offices of or under any local authority a trust, a corporation or any other public statutory body, which is not run for prof......ellip;……………………………. (iii) offices of or under any local authority a trust, a corporation or any other public statutory body, which is not run for profit or gain or in the course of its business does not make any profit ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......heques were forwarded to him along with the letter dated 19-7-82 but nevertheless he informed that he would attend the office on 27-7 82 to sign cheques. He went there accordingly but did not find anybody there on that day also. Petitioner ascertained thereafter from the Bank that by seven cheques d..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....illa town lodged an F.I.R. with the Kotwali P.S. on 7-9-79 alleging, inter alia, that his nephew Ferdous Shahjahan was killed by some unknown person and the dead body was left in a drain close to the local graveyard. In the said F.I.R., the petitioner, Abdur Razzaque, one Jahir Mia and one Farid Mia......azzak @ Dudu Mia of South Chartha, Comilla town lodged an F.I.R. with the Kotwali P.S. on 7-9-79 alleging, inter alia, that his nephew Ferdous Shahjahan was killed by some unknown person and the dead body was left in a drain close to the local graveyard. In the said F.I.R., the petitioner, Abdur Raz..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......section 272 of the Penal Code read with section 25 of the Special Powers Act for making Atta out of adulterated wheat which was injurious to public health. It is curious to note that in the main body of the F.I.R. there is no allegation of any seizure of any adulterated wheat as such. What was ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....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. ......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)
....ercion. The learned trial Court has rightly observed that if it was a case of usual marriage by mutual consent, nothing would have prevented them from getting her married to appellant Quddus in their locality as both the accused and P.W.2 Ferdousi Begum lived within P.S. Gobindaganj and there would ......P.W.2 Ferdousi Begum to P.W.8 Dr. Mohammad Ali Sarkar, Radiologist, attached to the Medical College Hospital, Rangpur who made 4 X-Rays on 21-5-79 (X-ray plates Ext. 4 series) of various parts of her body and giving grounds opined that the skeletal age of P.W.2 Ferdousi Begum is approximately 15 yea..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
.... 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. ......ne by the owners, presence of defendant No.2 is sufficient for adjudication of the matter and absence of the owners of the ship or of the chatterers would not non-suit the plaintiff. 8. It is no body's case that defendant No.2 entered into an agreement on behalf of the owners of the ship or..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)
.... 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. ......e by the owners, presence of defendant No. 2 is sufficient for adjudication of the matter and absence of the owners of the ship or of the chatterers would not non-suit the plaintiff. 5. It is no body's case that defendant No. 2 entered into an agreement oft behalf of the owners of the ship ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
.... on board steamship Nedlloyd Leuve for carriage from Bremen, West Germany to Chittagong. Defendant No. 1, the carriers failed to deliver the cargo when the ship berthed in Chittagong on 15.3.80 Their local agent, M/S M.M. Isphahani Limited, defendant No. 2, acknowledged a short landing on. 22.5.80 a......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
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Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......and decree in Title Suit No.164 of 1946. 8. We have perused the plaint. The schedule mentioned in the plaint makes no reference to holding No.93. There is also no reference in the body of the plaint that holding No.91/1 is identical with holding No.93. Therefore, there is no..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....(Efficiency and Discipline) Rules, 1968. This order of dismissal from service has been challenged in the rule. 4. The respondent Nos.1 and 2 contested the rules, contending, inter alia, that the local people made allegations against the execution of the work to the Commissioner of the Division ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
.... the respondent Government have stated that there was strike in the Educational Institutions in Sylhet town for several days but without mentioning any date whatsoever. It was further stated that the local administration took the step of issuing a notice upon the petitioner to ease the situation. Th......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
.... claimed, with new planting in 1973 the total area properly surveyed would exceed 250 acres. 17. The petitioners have then alleged that all on a sudden on June 26, 1975 an Officer deputed by the local Sub-divisional Officer along with some Police invaded the garden and demanded the surrender of......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....s claimed with new planting in 1973 the total area properly surveyed would exceed 250 acres. 15. The petitioners have then alleged that all on a sudden on June 26, 1975 an officer deputed by the local Sub-divisional Officer along with soma police invaded the garden and demanded the surrender of...... served upon the petitioners, even the basic natural and inalienable right of audi alteram partem was given a complete go bye. 5. Furthermore, the letter of the Bangladesh Tea Board, a statutory body, addressed to the Manager of Neerala Tea Estate (Annexure-G to the petition) stated that "..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
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