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Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......d from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a finding that Ram Prosad had surrendered the land whereupon the landlord took over its possession. This finding, b......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..

Category: Property Law | Date: | Hits: 38

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......ly 11, 2005. Result: The appeal is allowed. Case Referred To- Currimbby & Co. Ltd Vs. LA Greet and other, AIR 1933 PC 89; Collipara Sriramulu Vs. Aswatla Harayal, AIR 1968 SC 1208; Ramana Dayaram Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..

Category: Others | Date: | Hits: 100

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......inding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situations………………(18) Cases Referred to- Ram Charan and others Vs. The State of UP, AIR 1968 (SC) 1270; Balak Ram and another Vs. State of UP...... the evidence of PW 3 Nurul Alam on the circumstances under which he (PW 3) disclosed the occurrence to the IO. PW 17 is Abdul Bari Chowd­hury who has also supported the prosecution case. PW 6 Mohan Krishna Chakraborty, PW 7 Shawkat Hossain, PW 12 Putam Ali, PW 13 Serajul Islam and PW 15 Kabir Ahme..

Category: Criminal Law | Date: | Hits: 74

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ulla Abdul Hussain (deceased by LRS) and others, AIR 1985 (Madhya Pradesh), 24; Kurpal Hemraj and others vs. Shamrao Raghunath Raote and others, AIR 1923 (Bombay) 211; Tribeni Tewary and others vs Ramratan Nonia and others, AIR 1959 (Patna), 460; Anandilal Poddar vs Gunendra Kumar Roy and anothe......utta),107; Shri Murti Parasnathji through Sarbarakar Singhai Motilal and another vs Gulabchand s/o Mithidal Jain and others, AIR 1943 (Nagpur), 111; Narayan Gangadhar Deshpande and others vs Rango Krishna Dixit, AIR 1960, Mysore, 175; Onkar Nath and another vs. Basheer and others, AIR 1986 Punja..

Category: Property Law | Date: | Hits: 94

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

.... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mohammad Enayet Rabbi .................................Appellant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mohammad Enayet Rabbi .................................Appellant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..

Category: Property Law | Date: | Hits: 28

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......that he inherited the property described in schedule 'A' attached to the plaint (the property in question is of Municipal Holding No.62 Bama Charan Chakraborty Road, Dhaka) on the death of his father Krishna Chandra Karmaker, son of Haridas Karmaker to whom the land in suit belonged, that he owned a..

Category: Tenancy Law | Date: | Hits: 194

Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)

.... above suit for spe­cific performance of contract and also for per­manent injunction restraining defendant No.1 from transferring the suit land to others stat­ing, inter alia, that one Sree Anukul Chandra Dutta, On 9.2.1977, entered into an agreement with him for sale of 8.31 acres o...... above suit for spe­cific performance of contract and also for per­manent injunction restraining defendant No.1 from transferring the suit land to others stat­ing, inter alia, that one Sree Anukul Chandra Dutta, On 9.2.1977, entered into an agreement with him for sale of 8.31 acres o......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ..

Category: Property Law | Date: | Hits: 30

Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)

....ising of 6.24 acres of land including the suit land originally belonged to one Rajesh Chandra Mondal and his name was correctly published in S.A. record. Rajesh Chandra died leaving behind his son Sree Bidhu Bhusan Mondal as only heir who on 24-05-1968 sold entire land of 6.24 acres by sale deed......ising of 6.24 acres of land including the suit land originally belonged to one Rajesh Chandra Mondal and his name was correctly published in S.A. record. Rajesh Chandra died leaving behind his son Sree Bidhu Bhusan Mondal as only heir who on 24-05-1968 sold entire land of 6.24 acres by sale deed......er alia, that the suit is barred by lim­itation and not maintainable and the plaintiff is estopped by the principles of waiver and acquiescence. The defendant-respondent's further case was that Ram Behari Mondal was the owner of suit land along with other land and his name was correctly reco...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..

Category: Property Law | Date: | Hits: 32

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....f. Hence on all counts we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..

Category: Tenancy Law | Date: | Hits: 169

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

....zzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob......zzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. .................Appellant Vs. Abdul Kader alias Kada and others...........Respondents Judgment 22 August, 2007 Cases Referred To- Abdul Mannan and others Vs. State, 44 DLR (AD) 60; Balak Ram and another vs. State of U.P., AIR 1974 (SC) 2165; Mst. Hamida Bano vs Ashiq Hussain and another......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..

Category: Criminal Law | Date: | Hits: 44

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

....pellate Division (Civil) Present: A.T.M.Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sree Amulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995)......pellate Division (Civil) Present: A.T.M.Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sree Amulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995)....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......ourt of Subordinate Judge was registered as S.C.C. suit Nos. 13-17 of 1988. 2. Plaintiff-appellants in their suit alleged, inter alia, that the suit land original­ly belonged to one Amar Krishna Chowdhury and others. On 26.3.1936 they let out the suit property to one Protul Kumar Sen b..

Category: Property Law | Date: | Hits: 106

Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......riminal proceeding unless such proceedings end with acquittal.   Cases Referred to- Government of India and another vs. C. A. Balakrishnan and oth­ers, AIR 1975 (SC) 1498; Ram Sewak Prasad Vs. State of U. P and others, AIR 1991 (SC) 1818; ANM Belayet Hossain and others V......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 54

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....l is allowed with­out any order as to costs. Ed. ......l is allowed with­out any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 23

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ...... Wahed after say­ing his "Fazar" prayer in the Mosque was returning home and reached in front of their house then these three petitioners along with others being armed with Pipe Gun, Ram-Dao, Bomb, Hockey Stick etc chased him and blasted bombs and he thereupon entered his house and......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 25

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......ndal......................Appellant vs Ayjuddin Gazi being dead his heirs Amjad Gazi and others.......Respondents Judgment May 3, 2006 Cases Referred to- Ramdhari Rai Vs. Gorakh Rai, AIR 1931 (Patna) 236; Shahid Nasim and 2 other Vs. Syeda Imtiaz Khatoo......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

..... Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being dead his heirs: Indira Rani Sarker.....Respondent Judgment ....... Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being dead his heirs: Indira Rani Sarker.....Respondent Judgment ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....he appeal is allowed without any order as to costs. Ed. ......he appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 37