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Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)

.... Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ...... Md. Abdul Hannan and others ..............................Respondents Judgment November 9, 2006. Lawyers Involved: Harendra Nath Nondy, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners.    Not represented-the Respond......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Sri Sri Hari Thakur Deb Bigraha & others ................... Petitioners Vs. Md. Abdul Hannan and others ..............................Respondents Judgment November 9, 2006. ..

Category: Property Law | Date: | Hits: 96

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

........... Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: M. A. Mannan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Ci......titioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: M. A. Mannan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petit......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ...... Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mst. Mariam Bibi.............. Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 25

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

....rdingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......se is also Reported in: IV ADC (2007) 661. ..

Category: Civil Law | Date: | Hits: 83

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....se of PW 17. He did not return the next morning which he usually does in early hours. PW 1 inquired in the house of PW 17 who told him that Zafar did not come to his house in the previous night. PW19 Md. Jahangir Alam Chowdhury, a son of PW 1, was sent to the medicine shop of Zafar, but there also h......ndu Master and others 16 DLR (SC) 605; Charan Singh Vs. State of Haryana AIR 1971 (SC) 1554; State of Orissa Vs. Brahmananda AIR 1976 (SC) 2488; Panda Nana Vs. State of Maharashtra AIR 1979 (SC) 697; Ali Sher Vs. The State, 18 DLR (WP) 112; Masji Tata Rawool and others Vs. State of Maharash­tra, 19......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for..

Category: Criminal Law | Date: | Hits: 74

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

.... merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......Kamala Kanta Barman…………..Respondents Judgment November 11, 2006 Lawyers Involved: Md. Fazlul Karim. Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Rabi Sankar Chakraborty, Advocate instruct......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respon­dent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (..

Category: Property Law | Date: | Hits: 35

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

.... is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... Vs. A.L. Md. Shamsul Hoque, 27 DLR (AD) 129. Lawyers Involved: Mahmudul Islam, Senior Advocate (Md. Ozair Farooq, Senior Advocate and Probir Neogi, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants. Khandaker Mahbubuddin Ahmed, Senior Advocate, (M.I.......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

.... merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......12, 2005. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neagi, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants Sk. Rajjak Ali, Senior Advocate instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 40

Habibur Rahman alias Habu and oth­ers Vs. State, 2006, 35 CLC (AD)

....ioner Vs The State..............................Respondents Judgment August 31, 2005. Lawyers Involved: Abdul Malek, Senior Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondent. ......o suffer rigorous imprisonment for 3 (three) months more. The sentences to run concurrently. 2. The facts revealed in the leave peti­tion, in short, are that the on 06.02.1984 one Shukur Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W.11) were cleaning weed from the......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ...... Appellate Division (Criminal) Present Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Habibur Rahman alias Habu and oth­ers......................Petitioner Vs The State...........................

Category: Criminal Law | Date: | Hits: 31

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

.... merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......tary, Ministry of Housing and Public Works and another Vs. Shirely Anny Ansari, 52 DLR(AD) 180; Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and oth­ers Vs. Md. Abdur Rob Alias Mvi. Md. Abdur Rob, 49 DLR AD) 96. Lawyers Involved: M.A. Azim Khair, Deputy A......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de..

Category: Property Law | Date: | Hits: 43

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....dication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ..

Category: Civil Law | Date: | Hits: 122

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

....sh, AIR 1962 (Cal) 597. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Sakhawat Ali, Ad­vocate-on-Record — For the Appellant. Rafiq-ul-Huq, Senior Advocate, (Md. Fazlul Huq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For t...... benefit of s. 18(5) of the Ordinance……….(11) Cases Referred to- Prafullah Kumar Chakraborty v. Anil Prosad Chowdhury, 33 DLR (AD) 55., Abu Leyes v. Anwara Khalun, 29 DLR, SC 13 and Ramjan Ali v. Hedayatullah, 31 DLR (AD) 183, Bashirullah v. East Pakistan, PLD 1962 (Dhaka), 127 and Sm. La...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......­man J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., rep­resented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent Judgment Nove..

Category: Property Law | Date: | Hits: 45

Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)

....o Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Santosh Kumar Chakraborty & others....................... Appellant Vs. M.A. Motaleb Hossain and others..............................Respondent Judgment April 25, 1984. Result: Tt..

Category: Procedural Law | Date: | Hits: 93

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

.... Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991. Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney-Gene....... Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the j......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. ...... appeal is dismissed. No costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....rted in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......0 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on..

Category: Procedural Law | Date: | Hits: 89

M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)

....ers Involved: Moksadul Hakim, Senior Advocate, instructed by N.H. Khondker, Advocate-on-Record. - For the Ap­pellants. Rafiqul Huq, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Altaf Hossain, Advo­cate-on-Record. - For the Respondent. S. A. No. 132 of 1983. Judgment......g failed to prove that there was any such written contract, they have become defaulters and cannot escape eviction. The appeal is dismissed…………………….(11) Cases Referred to- Ramjan Ali Mistry vs. Md Hedayetallah (1979) 31 DLR (AD) 183; Profullah Kumar Chakraborty vs. Anil Prosad C......rcome the mischief arising from their default 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) 109 ......is Case is also Reported in: 40 DLR (AD) (1988) 109 ..

Category: Tenancy Law | Date: | Hits: 112

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

....tion 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 Chowdhury, (1981) 33......f 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 Chowdh......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 ......dgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amou..

Category: Tenancy Law | Date: | Hits: 109

Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)

....his Case is also Reported in: 40 DLR (AD) (1988) 1......correct in dismissing the suit…………………..(19 & 20) Cases Referred to- M/s. M.A. Hoque & Co. Vs. Zakir Hossain 1984 BLD 298, Prafullah Kumar Chakrabarty's case, 1981 BCR(AD)41, Ramjan Ali Mistry's case, 31 DLR(AD) 183, M/s. Binning & Co. Vs. M/s. Nasirabad Properties Ltd. 1986 BLD (A......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this c..

Category: Property Law | Date: | Hits: 52

Md. Ayub Vs. Bangladesh, 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 Md. Ayub…………………………..…&h...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Pe­tition No. 288 of 1..

Category: Property Law | Date: | Hits: 31

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. ......tee vs. Satya Choron Requittee, AIR 1979 SC 1682. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam and Habibul Islam Bhuiyan, advocates with him instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. B. N. Chowdhury, Advocate instructed by Shamsul Hag......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. ......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..

Category: Criminal Law | Date: | Hits: 88

Government of Bang­ladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)

....s unfounded. In the result, therefore, this appeal is dis­missed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......H. Khanddkar Vs. Bangladesh 30 DLR (S.C) 1. Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellant. M. A. Rouf, Advocate (N. K. Saha, Advocate with him) instructed by M. Nowab Ali, Advo­cate- on-Record—For the Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For ......s unfounded. In the result, therefore, this appeal is dis­missed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ...... Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, f..

Category: Property Law | Date: | Hits: 37