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Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......hantu was coming to attend his duty at Al-haj Textile Mill on a by-cycle and at about 9-30 A.M. as he was on the District Board Road at village Sahapur near the house of Haran Sarder the five accused persons attacked him in a body. The accused Nayeb, Mannaf and Saidur dragged him down by wrapping a ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......P.O. No. 16 of 1972) is as follows: "2. In this Order, unless there is anything repugnant in the subject or context, (1) "abandoned property" means any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......e declaration of his own legal character or right to property and it does not entitle him to seek a negative declaration either in respect of the legal character or title to any property of any other person. 5. On the other hand Mr. P.K. Bose the learned Advocate for the opposite party submits ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......nama'. P.W. 1 Dilli Raj Chakma was also requested to go there. P.W. 1 Dilli Raj Chakma and his son deceased Rabi Chandra Chakma accompanied them to the house of accused Shabbir Ahmed. The accused persons bound Rabi Chandra Chakma there with a rope and began to beat him. P.W.I Dilli Raj Chakma pr..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......or believing him……..(11) Identification parades are held for the purpose of enabling witnesses to identify the properties which are the subject matter of offence or to identify the persons said to have been involved in the commission of the offence. It is settled principle of..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......a by defendant No. 1 alone as the sole owner of the suit property. This defendant No. 3 also admitted that he along with defendant No.1 transferred certain lands including the suit lands to different persons including the petitioner Abut Hashem. He further asserted that he along with defendant No. 1..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......rule against perpetuity reads as follows: “14 Rule against perpetuity.--No transfer of property can operate to create an interest which is to take effect after the life-time of one or more persons living at the date of such transfer and the minority of some person who shall be in existenc..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......lement of land imposed by section 76 of the State Acquisition Act are; (I) settlement should not be made with anyone who is not a bona fide cultivator; (2) settlement should not be made with any person unless he is a person to whom transfer of land can be made under section 90 of the said Act. ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......illegal and without jurisdiction but also mala fide one is wrong in view of the fact that the course of action followed by the Managing Committee was fair and equitable and the plaintiff was heard in person and he was afforded enough opportunity to explain his position and as such the action of..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......roper Court fees. The said suit under the said Specific Relief Act filed for rectification would be filed subject to the limitation or exception as provided under the said Act as to the exceptions of persons against whom a document would not be specifically enforced particularly against a bona fide ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
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. ...... declaring the service to be sufficient must be satisfied that all the requirements of the law have been strictly complied with. This is all the more necessary in a case where the service is not personal and also when the service is on a Pardanshin woman. An ex parte decree passed without ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
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 ......Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. ..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. ......trate Magura on 24.11.76 should not be set-aside. 2. This Rule arises out of an application filed by Rustom Ali on 3.5.73 to the then Prime Minister alleging that on 13.1.73 at about 4 P.M. four persons were kidnapped by the petitioners from Sobuj Sanga Club of Noahata Union, under Mohammadpur ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
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 ......n the ground of non-payment of rent by them, the appellate Court erred in law in allowing the appeal without altering the aforesaid finding of the trial court. There is no legal presumption against a person who fails to pay rent for a long time. Mere non-payment of rent cannot take away the right, t..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 ......) of section 75-A of the Act were as follows. "75-A (f) on and from the date of publication of a notification under section (3) of section 17 or under sub-section (1) of section 31, no person shall sublet any land in his kbas possession in the area to which such notification rela..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ......on and mismanagement of the Waqf property. The Administrator of Waqfs after hearing both sides and taking into consideration the documents filed by the parties decided that the appointment of any one person as a sole mutwalli would not solve the problem as it is a big waqf estate. He also found some..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
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. ...... same in the names of Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury in equal share is wrong and the said previous Mutawallis Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury had no individual or personal separate title and interest in the suit land other than that of Mutawallis of the Wakf Esta..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......e two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. These two rules are dis..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ...... Public Prosecutor filed an application under Section 494 of the Code of Criminal Procedure praying that the Court should accord sanction to withdraw from the prosecution of all the accused persons on the ground that the Government have been pleased to direct withdrawal of the case against..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ......follows:-- “The Government may cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any abandoned property is held, occupied or managed by a person, where such allotment, lease on agreement has been granted or entered into after the 25th day..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8