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Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. 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......f 1975. 2. Plaintiff-respondent instituted Title Suit No. 106 of 1965 in the 1st Court of Subordinate Judge Mymensingh, against the defendant appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No...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 dismissed. 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......tion was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocational training and the land under acquisition is necessary for implementation of the plan which is undoubtedly a public pur..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......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 particular number of witnesses to prove a case. A conviction can be founded even on the testimony of a solitary witness, if found competent an...... her husband she stated that on 20th Bhadra, 1386 B.S. just eleven days before the date of occurrence, the accused persons assaulted her husband and also injured him when he had gone to cultivate the land of one Khurseda, daughter of Hatem Haji of their village. The deceased took borga lease of the ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate 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......g impleded. If such a right casts an obligation upon the appellant to protect the interest of the lessor and of himself. The leasee may have more reason or urgency to protect his interest in the suit land than the lessor………………….(5) Cases Referred to- Prassanna Moyee vs. Kali Das,..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……......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 ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. 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 appellant 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...... of the learned Company Judge are modified accordingly. 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 ..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 ......presented 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...... on. behalf of the Government in the Ministry of Defence represented 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 th..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......ril, 1984. 2. Plaintiff is the appellant. He filed Other Suit No. 25 of 1979 in the court of Subordinate Judge, 1st Court, Chittagong for a decree of specific performance of contract for sale of land. It was stated in the plaint that the suit land measuring .08 sataks (4 gondas) of R.S. plot No..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………….. Respondent (In both the cases) Judgmen......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 ..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, accordingly, 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......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..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......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 ..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 without, 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 preemption money already deposited under subsection 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 determination in the trial ...... No. 242 of 1983 2 Respondent Nos. 1 to 3 filed an application under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, Mymensingh, claiming preemption of a land transferred to the appellant and three others by a kabala dated 19 March 1974. They (pre-empt..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......sel, are sufficient to justify the legality of authentication done by the Additional District Magistrate.” 13. In this connection the learned Additional Attorney-General referred to the case of Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129, Here, an extradition offence was committed in......istrict Magistrate in authentication of a declaration……………..(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129; Vine vs. National Dock Labor Board, (1956) 3 All England Report, 939. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey A..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......se No. 20 of 1984. (The learned Upazila Magistrate not only drew up the proceeding, but attached the land in question and appointed a Receiver.) The learned Sessions Judge noticed that the previous case, being M.R. Case No. 20 of 1984 was dropped on 27.10.84. The first party attempted to revive th......ommence i.e. 17.7.84 and 4.11.84. That was a MR. Case No. 42 of 1984, but there was another M.R. Case No. 20 of 1984. (The learned Upazila Magistrate not only drew up the proceeding, but attached the land in question and appointed a Receiver.) The learned Sessions Judge noticed that the previous c..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... Feb 10, 1986. The Penal Code, 1860 (XLV of 1860), sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the t...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal......) Cases Referred to- R.V. Halifa County Court Judge [1891] 2 Q.B. 263; Bow v. Hart [1904] 2 K. B. 697; A.G. v. British Museum [1903] 2Ch. 612; Strata Mercella's Case, 9 Rep. 25 b.; Northumberland vs. Houghton, L.R. 5 Ex. 127; Cunningham v. Tomey Homma [l903] A.C. 141; State v. Weatherly, 45..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ff is the appellant. He filed S.C.C. Suit No. 4 of 1978 in the Court of Subordinate Judge, Second Court and S.C C Judge, Subject, against the respondent for their eviction from the suit premises. His case was that defendant respondent was a monthly tenant at Tk. 30 /- payable according to English ......aw has not made it an unlawful bargain……(13) Section 9 of the Ordinance provides that on mutual agreement municipal rent or tax is negotiable. It is payable either by the tenant or by the landlord, whatever is agreed to between the parties, can be a term of the tenancy. Such payment on a..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......lt, simple imprisonment for 3 days more. 2. Facts as stated in the complaint against the appellant by respondent No. 2 who is Munsif-Magi strafe, Chilmari are that while he was conducting criminal cases in Court on 6th December 1983, appellant who is an Upazila Nirbahi Officer, Chilmari, Upazila,...... "Saying 'sorry' does not make the slapper poorer. Nor does the cheek which has takes the slap smart less upon the said hypocritical word being uttered through the very lips which not long ago slandered a judicial officer without the slightest compunction." 22. While agreeing with thes..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......fer an appeal to the District Judge within whose jurisdiction the election in dispute was held, and the decision of the District Judge on such appeal shall be final: Provided that in the case of a decision announced before the commencement of the Local Government (Union Parishads) (A......eans simply the singling out by description of a party to a deed or contract: or a person taking there-under such party or person being in turn called persona designate (Ency of the Laws of England). When difficulty it found in ascertaining whether a person takes a persona designata, the m..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......eclaration that the plaintiff is the only son of late Amir Ali Mia, Mutwalli of Salamat Mia Wakf Estate of Rajshahi and as such was eligible for the Mutwalliship of the Wakf Estate. The defence case is that Amir Ali had 4 wives. First first wife Sakina Bibi died childless when Amir Ali marrie...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
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