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Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......s Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......it on the ground that summons were not served but were fraudulently suppressed. The defendants asserted due service of summons on the plaintiffs. 3. The learned Munsif after considering the evidence found that according to the peon's returns Ext. A(1) and A(2) the summons were shown to..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ...... Case is also Reported in: 36 DLR (1984) (HCD) 144 ...... the learned Advocate for the defendant No. 2 petitioner has taken me through the judgments of the Courts below and other materials on record. The learned Advocate submits that there was overwhelming evidence on record to show that the plaintiff understood the contents and purport of the deeds of gi..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ...... (Civil Appeal Jurisdiction) Present: Mohammad Habibur Rahman J Syed Mohammad Ali J Trustees of the Port of Chittagong.......................Appellant Vs. K. Mahbub Hossain & others..............................Respondent Judgment March 14, 1984. Resu......ess namely D.W. 1 Gafur. The defendant No. 3 examined one witness namely D.W. 2 N.R. Das. The defendant No. 4 also examined one witness namely D.W. 3 Nurul Islam. 14. Upon a consideration of the evidence and other material on record, the learned Subordinate Judge found teat the defendant Nos. 3..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... (HCD) 242;4 BLD (1984) 127 ......Nos.3 and 5. Thus they asserted their rightful possession in respect of 4.10 lands of Baharullah, and denied plaintiffs right and possession and the cause for injunction. 4. Oral and documentary evidence were produced by the parties. The learned Munsif found that the deed of exchange ext 3 by w..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......titioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......ssions Judge in directing fresh enquiry into the matter. According to him the order of dismissal of complaint passed by the Sub-Divisional Magistrate was not on merits or on consideration of the evidence on record as such it cannot be treated as an order of acquittal. 5. Mr. Sk. Atiar Rahm..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ......n (Civil Revisional Jurisdiction) Present: Md. Habibur Rahman J S. Mohammad Ali J S Joga Maya Debi & others.............................Petitioners Vs. S.D D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. ......ing the decree prayed for in Other Suit No.37 of 1982 then the transfer will be treated as no transfer and in the said 3 aforesaid Misc. Case Nos. 82, 83 and 84 of 1982 the said decree may be used as evidence to show that there was no transfer under the impugned 5 registered deeds. The petitioners a..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ...... with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ...... possessing the suit land. The plafntiffs have no right, title, interest and possession in the suit land. Hence the suit land is liable to be dismissed. 7. The learned Munsif on consideration of evidence on record found that the plaintiffs have failed to prove their right, title, interest ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......by affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......t. 1. The contesting defendant opposite party No.1 denied the oral lease and maintained that the registered kabuliyat, Ext. 2, was fraudulent and void. 6. The appellate court on consideration of evidence on record and the legal aspect of the case has found that the kabuliyat, dated 25.1.66, Ext..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......ed in: 38 DLR (HCD) (1986) 45. ......he said section in which case no permission is necessary. This point was not raised at any stage of the suit or appeals, There is no mention of this point in the pleading of either party nor any evidence was led to show that the permission was necessary but it was not taken or to show whet..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
.... contract of conveyance of shares (Annexure 21) has been entered into on behalf of Taiwa by an unauthorised person. At this stage I am not in a position to bold straight away that these documents are inadmissible, forged, fabricated and manufactured, as the learned Advocate for the petitioners urged......to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......nal Inc. It has been submitted that minutes of proceedings of the previous annual general meeting are never read out in the annual general meeting of the subsequent year, but that is a matter of evidence and a judgment on that allegation must wait until the disposal of the main application. ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......o Reported in: 36 DLR (1984) (HCD) 37 ......possessed the lands through her bargadars. The defendant Nos. 3-6 claimed interest in the suit lands by purchases during the pendency of the suit. 4. The learned Munsif on a consideration of the evidence; oral and documentary, adduced before him and on hearing the learned Advocates of the parti..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......983. Result: The appeal is dismissed. Evidence Act, 1872 (1 of 1872); Section 21 & 145. Acceptability of previous statement— A party's previous statement regarding a fact in issue is relevant and can be used against him if he has not appeared in the witness bo......mitation? (2) Are the petitioners entitled to pre-empt as prayed for? (3) What relief if any the petitioners (are entitled to get)? 5. The learned Subordinate Judge believed the evidence of pre-emptor P.W. 1 Mohammad Islam that the pre-emptors who were non-notified co-shar..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......ecessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......y, on the application of the prosecution issue any process for compelling the attendance of any witness or the production of any document or other thing, U/S 265F Cr.P.C. 6. If, after taking the evidence for the prosecution examining the accused and hearing the prosecution and the defence ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......rted in: 36 DLR (1984) (HCD) 285 ......ible for purpose of proving the contents of the original document.. The copies thus given are in so far as the original registered documents are concerned. Where a case for the reception of secondary evidence is made out under the provisions of section 65 of the Evidence Act, certified cop..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......y J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......tain materials and circumstances from which commission of the offence charged becomes a possibility, the High Court Division will not quash the pending proceedings on the ground that there is no evidence for the court to go upon”. Thus from the above quotation it is clear that it is not t..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ...... This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......ularising his period of absence from 10.11.73 on medical ground. These applications are palpably on false ground of treatment which had caused irritation to the authority. He also found the evidence of 2 attending physicians as unsatisfactory. The plaintiff could examine himself in the Mym..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......s set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......Act to prevent the abuse of the process of any Court to secure the ends of justice..............(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directi..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... 14. The learned lawyer for the petitioner contended that this finding of the court that Nasu Khan died at Khulna and was ordinarily resident at Khulna was arrived at upon a consideration of inadmissible evidence namely the certificate issued by the Chairman, Khulna Municipality when the su...... This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......ear (Ref.13 Calcutta Law Journal page 221). Nasu Khan evidently had his good business at Khulna and quite a part of his cash was deposited at the Daulatpur Branch of the Sonali Bank at Khulna as evidenced by the very petition for Succession Certificate and had his money lying with the Cont..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ...... immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......evious enmity the accused appellants and others were implicated in this case falsely. 4. Mr. Serajul Huq, the learned Advocate for the appellants submits that no reliance should be placed on the evidence of the prosecution witnesses as the F.I.R. named as well as non-F.I.R. named witnesses are ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......s. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......sting witnesses were examined in Court in support of such deed of gift. The certified copy of the Deed of Gift issued by the Sub-Registrary of Jalpaiguri in India was not however formally admitted in evidence because being a forged document it was not attested by any authority of the Government in t..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
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