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Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......South), Mymensingh were impleaded as defendant Nos. 2 and 3. The plaintiff filed a suit contending that the suit land originally belonged to two sisters, namely Aziza Bibi and Hazera Bibi in equal shares and while they had been in possession of the same, Hazera Bibi sold her share of the suit la..Category: Property Law | Date: | Hits: 30
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....e discharged from bail bond. Syed Md. Mohsen Ali J.- I agree with the judgment delivered by my learned, brother Badrul Haider Chowdhury J. Order of the Court: By the majority opinion the appeal is allowed and judgment of the High Court Division is set aside and the ......assets can it be said that property belonging to somebody else has been entrusted to him, or at least the share of his co-partner has been entrusted to him. It may be that two persons each own a half shares in a partnership and at first sight it might appear as if each would own a half of every as..Category: Criminal Law | Date: | Hits: 146
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....is argument of Mr. Korban Ali is very difficult to accept. 15. The learned Advocate next contends that the oral evidence of PW 2 indicates that the deceased Dilara sustained two major injuries on her back. Whereas the medical officer found six injuries and as such according t...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......fendants in collusion with each other attempted to dispossess the plaintiff. 3. The defendant-appellant's case is that the suit land belonged to Dinomoni Barmani and Lalit Chandra Barman in equal shares and their names were correctly recorded in the CS Khatian No. 125 (Ext. B); that by an exchan..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....harge sheeted on 12th June, 1982 under the Government Servants (Discipline and Appeals) Rules 1976, but the penalty was imposed illegally in 1985 under the Rules of 1984; that the imposition of the major penalty of dismissal while the Enquiry Officer recommended a minor penalty was not justified;......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
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. ......plaintiffs and marked as Ext. 6, the High Court Division held that 120 acres and 40 decimals of land, recorded in that khatian, belonged to Ram Proshad Sarma and Ram Hory Chakraborty in 6‑1/3 shares each and the remaining 1/3rd to Gagan Chakraborty, Girish Chakraborty and Norendra Chandra ..Category: Property Law | Date: | Hits: 25
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......conditions of services of employees of nationalised enterprises placed under it are concerned, this Order has not made any specific provision. Article 4 of P.O. 27 of 1972 has vested cent percent shares of an industrial enterprise in the Government but it has retained the separate entity of th..Category: Employment/Service Law | Date: | Hits: 143
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......inter alia, is that property "ka" Schedule land belonged to one Abdul Malek who sold it to Jahanara Begum, predecessor-in-interest of defendant-respondent Nos. 3-13 and respondent Nos. 14-15 in equal shares. Jahanara Begum and respondent Nos. 14 and 15 amicably partitioned 195 sahasrangsha out of ..Category: Tenancy Law | Date: | Hits: 114
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......nnas 10 gandas 1 Kara 2 Kranti 8 tils share and admitted that Babu Khan's heirs had 8 annas share; that the heirs of recorded owners continued to possess the suit property according to the respective shares of their predecessors; that plot No. 215 was not the land of the disputed khatian, and that t..Category: Property Law | Date: | Hits: 36
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......on which were enemy properties and directed the Custodian to look into the court's order properly and leave out the legitimate share of the appellant in the properties before taking possession of the shares of Indian nationals. 34. The appellant then obtained special leave which was granted by th..Category: Property Law | Date: | Hits: 47
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....spital after he was admitted there in injured condition and observed that “at least some doubt remains that the injured Shantu might perhaps have survived in the absence of the said two major operations or would have been cured in the event of any successful operation. However faint th......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
.... prevent miscarriage of justice caused by wholly unwarranted acquittal. In the case of Siraj Din v. Kala, 16 DLR, SC 95, also referred to, Cornelius CJ., though his Lordship was party to the majority judgment in favour of maintaining the acquittal by the High Court, gave categorical v......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......urt Division, 2. The application for winding-up the company was filed by respondent No. 1, M. Al-Amin, the Chairman and his mother, Dr. Jahanara Begum, a Director, they hold 50% of the total shares of the company while appellant No. 1, Shafquat Haider, Managing Director and his wife, Mrs...Category: Intellectual Property Law | Date: | Hits: 239
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. ......ners. Admitted case of the parties is that a non-agricultural holding comprising of eight plots recorded in seven khatians belonged to Chuni Lal Chowdhury and Dhirendra Lal Chowdhury in -/2/- anna shares each and to Haridas, Aswini Kumar Chowdhury and Benode Behari in -/4/- anna share each; that..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. ......sed his father Gour Majhi leaving behind this plaintiff (since dead) as his sole heir. After the death of Goar Majhi defendant No. 1 and the plaintiff Debendra inherited the partible land in equal shares and jointly possessed the same in ejmali. The plaintiffs' request for partition was turned d..Category: Property Law | Date: | Hits: 37
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....upon Prahlad entered into possession. The defendant purchased from Prahlad the entire ejmali property which previously belonged to him and his late brother by a sale-deed. Bhuban on attaining majority transferred his share to the plaintiffs who then filed a suit for partition invoking the p......a transferred five pakhis of land from her share to her son Abdul Quayum by a registered Deed of Gift dated 5 September 1934. Thereafter, both Jobeda and her son Quaiyum mortgaged their respective shares to Alfazuddin, predecessor-in-interest of defendants-appellants Nos. 1 to 7 by two separate ..Category: Property Law | Date: | Hits: 50
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....s expected to show that Khorshed Alam was treated as legitimate son of Amir Ali. The crisis came in 1966 and now we shall deal with that chapter. The evidence is that plaintiff by now had become a major. He was born in 1945 in the womb of his mother Meher Shamsun Nahar who was married in 1939 to...... 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
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......section 152 C-P.C. can amend decree to conform to the judgment at any time and there is no time limit to such amendment. In that case, in a partition suit Commissioner was appointed for allotting the shares. The dispute was between defendant No. 8 who was a petitioner and defendant No. 7, the oppo..Category: Property Law | Date: | Hits: 48
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
.... a clear interpretation of any rule of the Quran or formulation of principle based on Quranic text represented by the dominant opinion of a particular school of law, such as Hanafi, one of the four major schools of law governing Sunnis in Bangladesh. Needless to mention that so far as personal law......d be appointed as his guardian. For the reasons staged 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) 106 ..Category: Family Law | Date: | Hits: 152
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