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Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......d compromise decree is void but not for declaration of plaintiff’s title by adverse possession. So the plaintiff is not entitled to any relief.  Cases Referred to- Pandit Ram Chander vs. Pandit Maharaj, AIR 1939 All 611; Mrs. June Ferguson vs. Ameenur Rasheed (1973) 22 ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..

Category: Property Law | Date: | Hits: 36

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......3. ..

Category: Property Law | Date: | Hits: 99

Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ......ision (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Cha..

Category: Property Law | Date: | Hits: 34

Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)

....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......llowed in accordance with law………….(8)  Cases Referred to- Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page 1; Krishna Sardar Vs. Sindhu Bala Dasi A.I.R. 1970 Cal. 444. Lawyers Involved: Md. Af..

Category: Property Law | Date: | Hits: 24

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ...... Court is honour-bound to order payment of the same to him………………………..(17)  Cases Referred to- Mohini Mohan Patra Vs Ram Narain 14 CLJ 445; William Vs Barbour (1877) 9 Ch. D. 529; Daniel Vs Sinclar (1881) 6 (AC) 181;......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..

Category: Property Law | Date: | Hits: 39

Sadullah Pramanik & ors. Vs. Md. Khalilur Rah­man & ors., 1984, 13 CLC (AD)

....ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......es Referred to- Abu Nasser Sayedullah Vs. Abdul Malik alias Mala and another, 12 DLR 206; Munir Mondal and others Vs. Paramatha Nath Chowdhury and others, 14 DLR 801; A.I.R. 1940 P.C. 124; Krishna Chandra Paul Vs. Khoyar Sardar, 20 DLR 746. Lawyers Involved: B. N. Chowd..

Category: Property Law | Date: | Hits: 27

Messers United Shipping Corpora­tion Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)

....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ed Liner Agencies of Pakistan Limited vs. Ehram Jute Baling, (1975) 27 DLR 170 AD; Rai Harendra Nath Chaudhury vs. Rai Sourindra Nath Chaudhury, 46 CWN 882 at p. 885; Mohinder Singn Jaggi vs. Data Ram Jagannath, AIR 1972 SC 1948; Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR ......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..

Category: Civil Law | Date: | Hits: 95

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... the Tribunal refusing any exemption is restored…………..(13 and 14)  Cases Referred to- 7 ITR 415; PLD 1963 (SC) 209; Commissioner of Income tax vs. P. Krishna Warrior, ITR Vol. LIII—167 (1964); Commissioner of Income-tax Vs. Krishna Warriar, (1..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......ideration of the evidence the trial Court found that D. W. 2 Hare Krish­na is a different person from P.W. 3 Hare Krishna, son of Nabadwip, who is an attesting witness of the will. As to DW. 3 Ramesh Chandra, his name, is there in the will as one of the attesting wit­nesses, but he has d......ill but it was dismissed for default. Thereafter he filed Title Suit No. 5 of 1976 (Probate) before the District Judge, Noakhali, seeking probate of the will. 3. The suit was contested by Krishna Moni Devi, respondent No. 2 who seriously disputed the will contending that her hus­ban..

Category: Property Law | Date: | Hits: 118

Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)

....ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......i Muhammad vs. Sardar Muhammad Iqbal Khan Mokal, PLD 1975 Lah 492; Mst. Ghulam Zainab vs.  Mst. Tahira Sultana, PLD 1977 Lah. 830; Serajul Islam vs. Bimal Chan­dra Sen, (1982) 34 DLR 297; Ramji Ram Vs. Saligram (1909) 14 CWN 248; Kali Kumari Vs. Bachhan Singh (1913) 17 CWN 974 Suprasann......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ..

Category: Property Law | Date: | Hits: 45

Ass. Custo­dian, Enemy Pro­perty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)

....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..

Category: Property Law | Date: | Hits: 28

Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)

....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......llip;…………..(12) Cases Referred to- Sarat Kumar Banerjee Vs. Munshi Abdul Bari 36 CWN 844; Krishna Chandra Datta Chowdhury Vs. Khiran Bajania, 10 CWN, 499; Ram Pershad Koeri Vs. Jawahir Roy, 12 CWN 899; Jogendra Chandra Das Vs Debendra Nath Ghosh, 39 CWN ......ff-respondent. The Appeal is dismissed……………………..(12) Cases Referred to- Sarat Kumar Banerjee Vs. Munshi Abdul Bari 36 CWN 844; Krishna Chandra Datta Chowdhury Vs. Khiran Bajania, 10 CWN, 499; Ram Pershad Koeri Vs. Jawahir Roy,..

Category: Property Law | Date: | Hits: 35

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... v. Dolegobind Das, 28 ILR Cal. 221; Dwraka Nath Mondal v. Beni Madhab Banerjee, ILR 28 Cal. 652; Nilratan Sen V. Queen Empress, 23 I.L.R. Cal. 983; Kamal Chandra Pal V. Queen Empress, ILR Cal. 286; Ram Gopal V. State of Bombay, AIR 1958, SC 97; Vadilal Panchal V. Dattairaya Dulaji, AIR 1960 SC 111......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..

Category: Criminal Law | Date: | Hits: 79

Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)

....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 5. ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... Abbasuddin Chowdhury Vs Chandra Mohan Chowdhury, (1966) 18 DLR 535; Laxmi Narayan Marwary Vs Bal Mukunda; AIR 1924 PC 198; Perumal Pillai Vs Perumal Chetty, AIR 1928 Mad 914 (FB) ; Subbarayadu Vs Ramadsu, AIR 1923 Mad 237; Mt. Bhatia Vs Abdus Shakur, AIR 1931 Pat 57; Priya Bala Vs Sarajo Bala, ......(1968) 20 DLR 1050; Emad Ali Vs Jagan Lal, 17 ILR All. 78; Nil Ratan Vs Ram Ratan, 5 CWN 627; Bashiruddin Vs Elahi Baksha, AIR 1935 Cal. 644; Kartar Singh Vs Zorawar Singh, AIR 1 29 Lal 121; Bijoy Krishna Vs Mantazuddin (1969) 21 DLR 631. Lawyers Involved: Rafiqur ..

Category: Others | Date: | Hits: 97

Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)

....ith expiration of twelve years form the date of the decree under section 48 C.P.C.…………….(4)  Cases Referred to- Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo, 27 D.L.R. Dac. 72; Lalji Raja and Sons Vs. Firm Hansroj Nathuram, A.I.R. 19......ith expiration of twelve years form the date of the decree under section 48 C.P.C.…………….(4)  Cases Referred to- Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo, 27 D.L.R. Dac. 72; Lalji Raja and Sons Vs. Firm Hansroj Nathuram, A.I.R. 19......sp; Cases Referred to- Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo, 27 D.L.R. Dac. 72; Lalji Raja and Sons Vs. Firm Hansroj Nathuram, A.I.R. 1971 (S.C) 974; Pingle Venkata Rama Reddy Vs Kakaria Buchanna & others, AIR. 1963 Andhra Pradesh F.B. page 1. Lawyers ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..

Category: Civil Law | Date: | Hits: 107

Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)

....bsp; Present:  Badrul Haider Chowdhury J   Shahabuddin Ahmed J  Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Ashwini Kumar Karmaker being dead his heirs: Sree Radha Raman Karmaker & others………………………Appellants Vs. Hari Mohan Sh......bsp; Present:  Badrul Haider Chowdhury J   Shahabuddin Ahmed J  Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Ashwini Kumar Karmaker being dead his heirs: Sree Radha Raman Karmaker & others………………………Appellants Vs. Hari Mohan Sh......sent:  Badrul Haider Chowdhury J   Shahabuddin Ahmed J  Chowdhury ATM Masud J   Syed Md. Mohsen Ali J   Ashwini Kumar Karmaker being dead his heirs: Sree Radha Raman Karmaker & others………………………Appellants Vs. Hari Mohan Shil & ot...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..

Category: Property Law | Date: | Hits: 122

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......dditional Subordinate Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three yea......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)

....ce due, or on any other ground, to sue the Zamindar for the reversal of the same, and, upon establishing a sufficient plea, to obtain a decree with full costs and damages." It has been held in Sreemati Ramsona Chowdhuri Vs. Naba Kumar Singha, 16 CWN 804, that even if an allegation is made t......ce due, or on any other ground, to sue the Zamindar for the reversal of the same, and, upon establishing a sufficient plea, to obtain a decree with full costs and damages." It has been held in Sreemati Ramsona Chowdhuri Vs. Naba Kumar Singha, 16 CWN 804, that even if an allegation is made t......r on any other ground, to sue the Zamindar for the reversal of the same, and, upon establishing a sufficient plea, to obtain a decree with full costs and damages." It has been held in Sreemati Ramsona Chowdhuri Vs. Naba Kumar Singha, 16 CWN 804, that even if an allegation is made that the a...... 20. Similarly, under section 6l'of the Bengal Tenancy Act a tenant can deposit rent in Court under certain circumstances, as in case of doubt as to who is entitled to receive it. In Bata Krishna Rana Vs. Janaki Nath Panday, 18 CWN 916=ILR 41 Cal. 1000, it was observed: &qu..

Category: Property Law | Date: | Hits: 28

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......ng one complete picture. This is precisely what the courts below did. In view of the conclusion of the courts below we have no hesitation in disagreeing with the appellants' contention and we repel Ram Dahin Singh's plea of alibi." 29. In that reported decision, Ram Dahin Singh was charged ......ence case is that Halima Bibi committed suicide by liking poison. Further case of the respondent is that from two days before the occurrence he was at his maternal grand-father's place in the village Krishnapur and was engaged in transplantation of paddy there. 4. The prosecution examined 15 witn..

Category: Criminal Law | Date: | Hits: 49

Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)

....his Case is also Reported in: 40 DLR (AD) (1988) 290......his Case is also Reported in: 40 DLR (AD) (1988) 290......al is allowed. The ap­pellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......al is allowed. The ap­pellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..

Category: Criminal Law | Date: | Hits: 53