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Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... No. 218 of 1984.) Judgment M.H. Rahman J.- Pre-emptors are the petitioners. Admitted case of the parties is that a non-agricultural holding comprising of eight plots recorded in seven..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......for partition. 2. The appellants' predecessor Debendra Chandra Mondal instituted Title Suit No. 171 of 1969 in the Second Court of Munsif, Narayanganj for partition of the suit property. His case is that Gour Majhi, the owner of the partible property, had two sons defendant No. 1 Jagadish..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... 5. In the proceeding under section 66(1) of the Income Tax Act the following question was considered by the High Court Division: "Whether in the facts and circumstances of the case, the Tribunal was legally justified in holding that the receipts of Tk. 1, 50,000/-as compensa..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ...... balance Tk. 25.75, 000/-only will be paid by them through a crossed cheque on a scheduled bank. The builder shall never increase the price of the coasters from the quoted amount in any case. ARTICLE 3: Payment will be made both by BSRS and Purchaser as per following..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......ts only under section 436 of the Penal Code and acquitted the seven others. On appeal the High Court Division upheld the order of conviction but reduced the sentence. 2. The prosecution case, at told by the complainant, P.W.1 Shah Alam, is that at about 7/8 P.M. on 14th December 1982..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......din in Ahmed J M. H. Rahman J A.T.M. Afzal J Sufia Khanam Chowdhury………………………….Appellant (in both the cases) Vs. Faizun Nesa Chowdhury...........................Respondent (in both ..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ...... 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the akhara of the deity. At that time Jahnabi Bais..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the suit lands. 2. Plaintiffs' case, in short, may be stated that Jobeda Khatun and Md. Hedayet Baksha took raiyati settlement of ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishing the structures standing thereon. 3. Plaintiff's case was that the land belonged to the Municipality of Mymensingh. Sailendra Nath Basu was an employ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ...... filing the suit in the Civil Court for determining the question as to whether the order of requisition itself was illegal, ultra vires without jurisdiction and malafide. He referred to the following cases: 1) Secretary of States vs. Mask & Co. 44 CWN 70—AIR 1940 PC 105; 2) Mian Mohamm..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....sed persons, accused No.l Muslim is the Chairman of the local Union Parishad; one Abdul Hye was defeated on two occasions by Muslim in such election and according to accused Muslim, Abdul Hye was the root cause of falsely implicating him throÂugh the Informant Defence of accused Kamini, a member of......not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone………….(49) Law does not require a partiÂcular number of witnesses to prove a case. A conviction can be founded even on the testimony of a solitary witness, if found competent an..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ...... learned Subordinate Judge against which plaintiff preferred Civil Revision No. 28 of 1981 under section 115(2) of the Code of Civil Procedure before District Judge, Noakhali who allowed the revision case and struck out the name of defendant No. 1 from the plaint. Defendant No. 1 then filed Civil Re..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......secution. Without complying with this provision the learned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order……â€..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... In their Affidavit-in-Opposition the apÂpellant attempted to controvert the facts stated by the respondents as contained in their application. 10. The position as emerged from the respective cases of the parties in that while the appellant seeks to maintain that the Annual General Meeting o..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......preÂsented by the Military Estate Officer, who is the only officer authorised by law to sign and verify written statement in a suit about a land lying within the Cantonment area. 2. Facts of the case, so far necessary for disposal of this appeal, are given below: The appellant's father Aminuddi..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ...... establishment of the deity and formation of the Development Committee, respondent No.1 (d) being a signatory to the aforesaid resolutions and agreement, cannot be reasonably expected to make out any case for acceptance of his contentions, this present contentions might have some semblance of reason..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......ion (Criminal) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M H. Rah man J A. B. M. Tofayel Ahmed...........................Petitioner (In both the cases) Vs. Sheikh Aminuddin & others………….. ResponÂdent (In both the cases) Judgmen..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......nsider whether the learned Single Judge, of the High Court Division, while setting aside the Tribunal's order for fresh election in one of the three Centers, correctly appreciated our decision in the case of Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51 and rightly applied the. P..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......on Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to be decided on its own merit. The order that election of the returned candidate is void an..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......aking the deposit but to adjust the amount due from him against preÂemption money already deposited under subÂsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determiÂnation in the trial ..Category: Property Law | Date: | Hits: 51