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Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....ght before the occurrence Kakir Ahmed was in the house. He also stated that the house of the informant and the Aochiachara bridge on which the occurrence took place is intervened by one 'nal' land and two ponds. He denied the defence suggestion that he did not see the occurrence. 9. P.W......ip;………………………………Opposite Party Judgment October 20, 1983. Result: The appeal is dismissed. Cases Referred To- The appeal is dismissed. Abdul Matin Munshi Vs. Idris Pandit and others,......essions Judge, First Court, Chittagong in Sessions Trial Case No. 382 of 1979 and each of them has been sentenced to undergo transportation for life. 2. The case for the prosecution in brief is that deceased Kabir Ahmed (35), brother of informant P.W.1 Mir Ahmed used to live in village Kanchana......sed. Abdul Matin Munshi Vs. Idris Pandit and others, 27 DLR (A.D.) 22; Abdur Rahman Mondal Vs. State, 29 DLR (S.C.) 246 Lawyers Involved: Serajul Hug with Abdul Momen Chowdhury —For the Appellants. Moazzem Hossain, D.A.G. with Amirul Kabir Chowdhury.—For the State. ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
.... the 1st party-petitioner filed a petition before the Additional District Magistrate, Comilla on 6.9.82 alleging, inter alia, that the opposite patties were making attempts to dispossess him from the land mentioned in the schedule to the petition and as such there was apprehension of breach of ....... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......e aforesaid section drawn up by the learned Sub-Divisional Magistrate, Sadar (South), Comilla by his order dated 29.3.83 in P.R. No.1140 (A)/8 IE R. No.79 (A)/82. 2. Short facts of the case are that the 1st party-petitioner filed a petition before the Additional District Magistrate, Comilla on ...... Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. Result: The rule is discharged. Lawyers Involved: Fazlul Karim—For the petitioner. Mujibur Rahman—For the opposite party No. 4. Criminal Revision N..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ......scuit Co. Ltd.......................Appellant Vs. Haque Brothers Ltd...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(C......der of ad interim injunction dated 27.10.81 absolute. 2. The plaintiff respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the leading manufacturers of biscuits in Bangladesh. In 1979 the plaintiff invented......l is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi— For the appellant. AsrarulHossain with Syed Sakhawat Ali- For the respondent. Appeal from O..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....t late Sreemonta Chatterjee died in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of ........Opposite parties Judgment October 3, 1983. Result: The Rule is made absolute. Limitation Act (IX of 1908); Section 5 & 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be co......984) (HCD) 107 ......esult: The Rule is made absolute. Limitation Act (IX of 1908); Section 5 & 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that ..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ....................Appellant Vs. Haque Brothers Ltd................................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C......terim injunction dated 27.10.1981 absolute. 2. The plaintiff-respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the leading manufacturers of biscuits in Bangladesh. In 1979 the plaintiff inv......spondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Involved: Abdur Rashid Khan w..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ent shall 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, N......gment 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 section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and sh.............................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 section (1) has been passed subdividing a joint holding, such sub-d............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 section (1) has been passed subdividing a joint holding, such sub-division may be de..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....;C.P.C. Secondly, the application of the provisions of Martial Law Order No. 40 of 1982 in the instant case is a debatable point, because the Corporation has not yet benefited with the title over the land of the suit market and thirdly, from the language of the Martial Law Order No. 40 of 1982 it ca......dgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on......le and disposable by the court which passed the decree or made the order by well as by the successor court-But if an application for review of judgment or an order is made on any other grounds, then that application shall he made only to the judge who passed the decree or made the order in term of r...... High Court Division (Appellate Original Jurisdiction) Present: Mustafa Kamal J Alhaj Md. Ruhul Amin......................................Appellant Vs. Dhaka Municipal Corporation & others................Respondent Judgment September 29, 1983. Resul..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
.... Court, Jessore in Title Appeal No.97 of 1967 affirming those passed by the learned Munsif, 3rd Court, Jessore in Title Suit No.112 of 1967. 2. Facts leading to this appeal in short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas and Nasim...... (Jessore Bench) (Civil Appellate Jurisdiction) Present: Anwarul Hoque Chowdhury J Jaha Baksha Par.....................................Appellant Vs. Fazle Karim Biswas & others.....................Respondent Judgment August 23, 1983. Result: ......ditional Court, Jessore in Title Appeal No.97 of 1967 affirming those passed by the learned Munsif, 3rd Court, Jessore in Title Suit No.112 of 1967. 2. Facts leading to this appeal in short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas a......nd 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)
....ubordinate Judge Noakhali, affirming those of the learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs purchased the lands in suit in Chaitra, 1364 B.S. appertaining to C.S. Khatian No. 386. After their purchase the p......ant Vs. Shujayatullah and others........................Respondents Judgment August 6, 1983. Result: The appeal is dismissed. Lawyers Involved: Foruque Ahmed—For the appellant. No one—For the respondents. Appeal from Appellate Decree No. ......nd decree passed by the learned Subordinate Judge Noakhali, affirming those of the learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs purchased the lands in suit in Chaitra, 1364 B.S. appertaining to C.S. Khatian No...............Appellant Vs. Shujayatullah and others........................Respondents Judgment August 6, 1983. Result: The appeal is dismissed. Lawyers Involved: Foruque Ahmed—For the appellant. No one—For the respondents. Appeal from Appell..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....he aforesaid suit for a declaration that the order dated 4.3.75 passed in E. P. Case No. 230 of 1973-74 was illegal, void and without jurisdiction and for further declaration of his title to the suit land along with a prayer for permanent injunction against the defendants. 3. It is not necessar...... Sanjib Kumar Banik & others........................opposite Parties 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 plainti...... admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal rule of evidence, not one of technicality, out of substance, that were written documents exist they shall be produced as being the best evidence of their own cont...... It is a cardinal rule of evidence, not one of technicality, out of substance, that were written documents exist they shall be produced as being the best evidence of their own contents. Nothing is more dangerous than to allow parol evidence to be given of what they are alleged to contain when ther..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... accidental fire broke out in the night following November 9, 1969 and the suit premises were burn down. 3. As the subject matter of the tenancy was destroyed by fire the relationship of landlord and tenant, it was claimed, came to an end. The suit premises, however, remained vacant an......Supreme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others...................................t No. 65 of 1969 in the 1st court of Subordinate Judge, Chittagong for declaration of title and recovery of possession after removal of the structures by the defendant-appellants. Allegations were that the suit premises originally belonged to Haji Neamat Ali, predecessor of the plaintiff-responÂ...... Result: The appeal is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, ComÂmodore & others, 1983, 12 CLC (HCD)
....Naval Authority and In reply the Naval AuÂthority informed the petitioner that after the commission of Naval Headquarters complex all hired houses will be delivered and handed over to the respective landlords. 5. The petitioner further alleges in his petition that the opposite party No.1 Mr. Dew......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. K.M.J. Akbar, ComÂmodore & others……………..OppoÂsite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills CorpoÂration Vs. Masood Raza and others, 30 DL......ourt, Additional Sessions Judge, Dhaka arising out of Petition Case No.98/A-1/81/485/81of the Court of Chief Metropolitan Magistrate Dhaka. 2. The facts necessary for the disposal of the Rule are that the opposite party No.1 Mr. K.M.J. Akbar, Commodore, Bangladesh Navy, Director of Works, Dhaka f......riminal Revisional jurisdiction) Present: Mohammad Habibur Rahman J Mustafa Kamal J Maqsood Alam…………………………………………Petitioner Vs. K.M.J. Akbar, ComÂmodore & others……………..OppoÂsite-party Judgment May 23, 1983. Result: The Rule is..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
.... 1981. 2. The prosecution case in brief, is that on 13-11-70 at about 9 A.M. the complaintent's labourers including deceased Rahim Sheikh and deceased Mona Korati were cutting paddy from the land of the complainant. At that time the accused appellants along with others came armed with Fala,......ellip;…………………………………..State Judgment May 12, 1983. Result: The Appeal is dismissed. Cases Referred to- 6 DLR Dacca 647; 10 DLR 61; 19 DLR (SC) 241. Lawyers Involved: Aziz......ting the appellants under section 302/149 of the Penal Code and sentencing each of them to suffer transportation for life in Criminal Appeal No.113 of 1981. 2. The prosecution case in brief, is that on 13-11-70 at about 9 A.M. the complaintent's labourers including deceased Rahim Sheikh and......Result: The Appeal is dismissed. Cases Referred to- 6 DLR Dacca 647; 10 DLR 61; 19 DLR (SC) 241. Lawyers Involved: Azizul Haque with Abu Ferdous Md. Sayeed, Advocates— For the Appellants. Sultan Ahmed, Deputy Attorney General with Md. Marfat Ali, Md. Altafur Rahma..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....e this Court through their counsel, Mr. Dalifuddin Ahmed. 3. The short fact, relevant for the disposal of this contempt proceeding, is that one Khalilur Rahman claimed to have got 36.06 acres of land including a tank from "five annas" cosharers of former Putiya Raj Estate, Rajshahi by......…………….Contemners Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate......tafizur Rahman, Circle officer (Rev.) Puthia appeared before this Court through their counsel, Mr. Dalifuddin Ahmed. 3. The short fact, relevant for the disposal of this contempt proceeding, is that one Khalilur Rahman claimed to have got 36.06 acres of land including a tank from "five ann......rs Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hossain Amin, Altafur Rahman and Md. ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....h day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debutta......arker & others..................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.) 4......udge. Manikganj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 ...... 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 and others Vs. Kali Kikkor Gunguli AIR 1974 Calcutta 126 B.C. Mitra; Bishwanath and another Vs. Sri Thakur Radha Ballab..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
.... Title Appeal 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit l...... Ananda Charan Halder..................Appellant Vs. Shubbadra Bachar & others............Respondent Judgment March 23, 1983. Result: The Appeal is dismissed Cases Referred to- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (197......in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land comprising an area of 3.14 acres of land belonged to plaintiff's brother Jadab......a K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ; Fakhruddin Mia Vs. Md. Khodabaksh Sk (1977) 29 DLR (SG) 268. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Respondents. Seco..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....iluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establishment of plaintiff's title and khas possession in the suit land after dismantling 3 huts of the defendants constructed thereon and also for mesne profit. Out o......mp; others………………………………Respondent Judgment March 18, 1983. Result: The Appeal is allowed. Cases Referred to- Erfan Ali Vs. Ali Joinal Abedin Mia, 1983 BLD (AD) 342; Sk. Abdul Latif Vs. A......18, 1983. Result: The Appeal is allowed. Cases Referred to- Erfan Ali Vs. Ali Joinal Abedin Mia, 1983 BLD (AD) 342; Sk. Abdul Latif Vs. Abdul Malek Kazi, 1984 BLD (AD) 15; Tayefa Khatun Choudhurani Vs. Sornadhan K. Sen Rai, 53 (1931) CLJ 512; Nirode Baran Vs. Devendra Mohan, BCR ......e court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....guna in M.R. Case No.144 of 1979 started under section 145 of the Code of Criminal Procedure directing the complainant in the said case to receive the sale proceeds of the paddy grown on the disputed land amounting to Tk. 14,919/75 from the receiver. 2. Facts are that on the report of the Offic......esent: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………&hell......d. Under section 146 of the Code of Criminal Procedure a Magistrate does not pass a final order as to possession because under section 146 of the Criminal Procedure Code if the Magistrate found that none of the parties was in possession or he was unable to satisfy himself as to which of the par......eding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....giving rise to this appeal may be described as follows: Respondent as plaintiff filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He claimed the appellant to be his tenant from month ...... (1983) 216. ......strictly limited jurisdiction under section 100 of the Civil Procedure Code, in reversing, in a second appeal, the lower Appellate Court's decision keeping in view the established principle that no second appeal lies on ground of erroneous finding of fact, however, gross the error may be. ...... Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali Mohammad Vs. Mohammad Baks, AIR 1930 PC 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (M/s K. Z. Alam and Jamir-uddin Ahmed, Advocates with him), instructed by Md. Aftab Hos..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. ...... The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unproven Oral Confession- In the alleged oral confession nothing was said where, when and in what manner the murder was committed. Such oral confession was also not s...... the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unproven Oral Confession- In the alleged oral confession nothing was said where, when and in what manner the murder was committed. Such oral confession was also not supported by any independent ......llip;………………State Judgment March 8, 1983. Result: The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unproven Oral Confession- In the alleged oral confession n..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
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