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Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)

.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......cres of land of subordinate Khatian Nos.2-25,27-28 and 36 of Mouza Hemchapur. His case is that '50 acre out of '90 acre of land of Plot No.333 belonged to Ananda Chandra Majumder who sold the same to Krishna Kumar Dey, Kamini Kumar Dey, Jamini Kumar Dey and Nalani Kumar Dey. Krishna Kumar died witho..

Category: Property Law | Date: | Hits: 29

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....s Case is also Reported in: 40 DLR (AD) (1988) 150. ......s Case is also Reported in: 40 DLR (AD) (1988) 150. ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......eree purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660); Nilkamal. V. Kamakshya Charan A.I.R. 1928 Cal. 53..

Category: Property Law | Date: | Hits: 45

Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)

.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......appellants under section 302/34 Penal Code and sentence of transportation for life passed thereunder. 2. There was an occurrence in the night following 31 Aswin 1381 B.S. (18.10.82) in village Ram-nagar under P.S. Abhoynagore, District Jessore in which one Nanda Lal Biswas was alleged to have...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..

Category: Criminal Law | Date: | Hits: 80

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......= ILR 63 Cal. 851; Mahamaya Debi v. Haridas ILR 42 Cal. 455; Asrabulla and others v. Kiamatulla Haji Chowdhury and others AIR 1937 Cal. 245; Mercer v. Denne, [1904] 2 Ch.; Tyson v. Smith 48 R.R. 539; Ramswami Ayer v. Secretary of Slate and others AIR 1931 Mad. 3213; Lakshmidhar Misra and others V. R......ther make it a custom from lime immemorial nor reasonable……………………(15 & 16) Cases Referred to- Barindra Chandra Das and others V. Mvi. Mahbubul Quadir and others 7 DLR 464; Gopal Krishna Sil v. Abdul Samad Chowdhury 34 CLJ 319; Abul Hossain v. Sadai Gobind Deb 42 CWN 1102 = ILR ..

Category: Civil Law | Date: | Hits: 113

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..

Category: Criminal Law | Date: | Hits: 45

M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)

....hief Justice. 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: 40 DLR (AD) (1988) 89 ......hief Justice. 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: 40 DLR (AD) (1988) 89 ......ve proof of his intention to waive such default, amount to waiver so as to entitle him to the protection against the consequence of default, that is, eviction…………(13) Cases Referred to- Ramjan Ali Mistry V. Md. Hedayetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad......hief Justice. 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: 40 DLR (AD) (1988) 89 ..

Category: Tenancy Law | Date: | Hits: 109

Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)

....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......godi AIR 1955 Mysore 79, Padam Sen and another V. State of U.P. AIR 1961 (SC) 218, Institution of Engineers V. Bishu Pada AIR 1978 Cal. 296, Amjad Ali V. All Hossain Johar and another, 15 C.W.N. 353, Ram Charan and others V. Murli and others AIR 1975 All. 399, Nepal Chandra Dutta V. Mrinal Chandra D......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..

Category: Civil Law | Date: | Hits: 94

State Vs. Lalu Miah and another, 1986, 15 CLC (AD)

....o was an influential man, being a member of the Local Union Parishad, for protection of her property. Ashraf Ali left the house of Hafsa Khatun on the relevant day, 2-5-76, at about 5-30 P.M. for Sreemongal, about 2 1/2 miles away, accompanied by the two accused-respondents who were residents of......o was an influential man, being a member of the Local Union Parishad, for protection of her property. Ashraf Ali left the house of Hafsa Khatun on the relevant day, 2-5-76, at about 5-30 P.M. for Sreemongal, about 2 1/2 miles away, accompanied by the two accused-respondents who were residents of......a AIR 1973 S.C 55; Thimma vs. State of Mysore AIR 1971, S.C. 1871 (1877); Datar Singh vs. State of Punjab AIR 1974 S.C 1193 (1201); Prakash Mahadeo Godse vs. State of Maharashtra (1969) 3 S.C.C. 741; Rameswar Singh vs. State of Jammuand Kashmir AIR 1973 S.C. 102 (104); Pritam Sing vs. State of Punja......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..

Category: Criminal Law | Date: | Hits: 124

Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......rs AIR 1975 (All) 344 (F.B) Purba Nanda Das Vs. Executive Engineer, Relief and Rehabilitation AIR 1961 Assam 101; Talekhal Fishermen Co-operative Society vs. Bangladesh 1981 BLD (AD) 103; EFO Vs. Ram Sanchi AIR 1973 (S.C) 205; Ramana V.I.A. Authority of India A.I.R 1979 SC. 1628. Lawyers Invo......��……………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarwal Vs. State of Bihar AIR 1977 (SC) 1496; Bihar Eastern Gangetic Fishermen Co-operative..

Category: Property Law | Date: | Hits: 87

Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)

.... Appellate Division (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………&he...... Appellate Division (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………&he......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. ......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. ..

Category: Property Law | Date: | Hits: 43

Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)

....Appellate Division (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Sree Gopal Chandra Mondal and another.........................Appellants Vs. Lasman D......Appellate Division (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Sree Gopal Chandra Mondal and another.........................Appellants Vs. Lasman D......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. ......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. ..

Category: Property Law | Date: | Hits: 37

Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 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. ......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. ......in both the cases) Vs. Faizun Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965) 17 DLR (F-B) 1...... Faizun Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965) 17 DLR (F-B) 119; Katia Pillai. AIR 1929 Mad 39..

Category: Property Law | Date: | Hits: 86

Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)

....e, though adequate at the time, in lieu of giving the benefit of an augmentation of a variable rent, from time to time, would be a breach of duty in a Sebait. 9. In Palaniappa Chettv V. Sreenath Devasikamony Pandara, AIR 1917 (PC) 33, it is held that a permanent lease of temple lands......e, though adequate at the time, in lieu of giving the benefit of an augmentation of a variable rent, from time to time, would be a breach of duty in a Sebait. 9. In Palaniappa Chettv V. Sreenath Devasikamony Pandara, AIR 1917 (PC) 33, it is held that a permanent lease of temple lands......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. ......alia, that the suit was not maintainable and that the alleged management committee was not legally constituted and that plaintiff No. 1 had no locus standi to file the suit, that the deity's sebait Krishna Prosanna Das Baisnab settled the suit land with defendant No.1 on receipt of a salami ..

Category: Property Law | Date: | Hits: 36

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 ...... 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 ...... 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 ......n's Barytes, Asbestos and Paints Limited, AIR 1952 Mad 60 at para 3; The Indian Spinning Mills Ltd. vs. His Excellency Lt. General Madan Sharnsher Jang Bahadur Rana, AIR 1953 Cal 355 at para 21; Bal. Krishna Maheshwari Vs. Uma Shahker Mehrotra, AIR 1947 Alia 362 ; Bengal and Assam Inventors Ltd. vs...

Category: Business or Commercial Law | Date: | Hits: 111

Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)

....o contested the claim of the appellant it was stated that the deity is a family deity which was established by the late Pran Krishna Adhikari, and the deity is not property represented as his widow Sreemati Anna Purna and his other heirs were not made parties, there is no development committee k......o contested the claim of the appellant it was stated that the deity is a family deity which was established by the late Pran Krishna Adhikari, and the deity is not property represented as his widow Sreemati Anna Purna and his other heirs were not made parties, there is no development committee k......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. ......to do it. 3. In the written statement filed by respondent No. 1 (d) who contested the claim of the appellant it was stated that the deity is a family deity which was established by the late Pran Krishna Adhikari, and the deity is not property represented as his widow Sreemati Anna Purna and h..

Category: Criminal Law | Date: | Hits: 88

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.......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.......tly clear to indicate that Additional District Magistrate can lawfully perform the functions of the District 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 En......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...

Category: Information Technology Law | Date: | Hits: 226

Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)

....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......sed……..(27) Cases Referred to- Province of East Bengal (Pakistan) Vs. Nirode Behari, (1960) 12 DLR 339; Ratantilal Chakravarty vs. Shomnath Chakravarty. (1957) 9 DLR 112; Gobinda Lal Ray Vs. Ramjanam Misser, ILR 21 Cal. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AI......l Chakravarty vs. Shomnath Chakravarty. (1957) 9 DLR 112; Gobinda Lal Ray Vs. Ramjanam Misser, ILR 21 Cal. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AIR 1964 SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). Lawyers Involved: Syed Ishtiaq Ahm..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)

.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......s relating to an auction-sale in connection with a Certificate Proceeding. The Certificate Proceeding in question is C.C. No. 941/1963-64 of the Court of Certificate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his land measuring one acre was ..

Category: Criminal Law | Date: | Hits: 69

Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)

....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... January 30, 1975. Cases Referred to: Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar, 55 I.A. 243; Majeda Khatun Vs. Rabindra Chandra Dey, PLD 1952 Dac. 112; Ratish Chandra Vs. Hare Krishna Coldar, 15 DLR 634; Umar Din Vs. Fazal Din, PLR 5 Lah. 196; Visheswar Vs. Durgappa, AIR 194..

Category: Property Law | Date: | Hits: 47

Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)

....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......was a creditor to the extent of Taka 23.000/- of M/s. Indo Pak Pharmaceutical Works Limited, (hereinafter referred to as "the firm") which was incorporated in 1954 in the town of Barisal and of which Ram Lai Bhattacharjee, Jibananda Bhattacharjee and Suresh Chandra Sen Gupta, who contributed Taka 23......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 125

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