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.... that the suit was barred by limitation. Her positive case was that Surendra Nath Sen settled the land in suit as Chandina Bhiti with her mother Taramoni in Magh, 1357 B.S. Since then she had been in possession of the land erecting dwelling huts. As the land was recorded in the name of opposite...... No.1 Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 appertaining to S.A. Khatian No.2071 of Mo...... made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173...... Patuakhaii who affirmed the decision of the trial Court. Being aggrieved defendant No.1 has obtained the present Rule challenging the propriety of the said judgment and decree.
6. The principal question in this Rule is whether an Assistant Custodian Enemy Property (Lands and Buildings) can mai..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......d of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......ore than one year. Thus we are of the opinion that in this case the charge was illegally framed in gross violation of the provisions of section 222(2) of the Code of Criminal Procedure. 7. Now the question that arises is whether this illegality is liable to be cured under section 537 of the Cod..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....submitted a plan for the development of the fishery as per terms of memo date on 20.08.1981 and it was approved by the District Fishery Officer. It is the further case that when the petitioner was in possession of the fishery after executing lease deed, Basirpur Fishermen’s Co-operative Societ......lling a lease though purporting to act under terms of the contract but in fact acting beyond the terms of the contract, arbitrarily on grounds having no nexus with the contract or the law of the land. In the case of Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Deve......riod of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......nistry of Land Administration and Land Reforms to take measure for development work under the Additional Deputy Commissioner (Revenue) or the Upazilla Nirbahi Officer of Kulaura and there was no question of failure of any terms and condition of settlement. It is further stated that the Upazilla..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....itle Appeal No.22of 1981 reversing those of the learned Munsif, Barguna made in Title Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a dec......tle Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land w......s also Reported in: 39 DLR (HCD)(1987) 228. ......s contention he also referred me to the case of Gendha Bepari Vs. Abdul Mansur Mia and ors, reported in 19 DLR 349. This is also a decision of a single Bench of the Dhaka High Court. In that case the question of admissibility of a certified copy of a plaint also came up before the Bench for consider..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ll— (a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and “(b) On conviction upon complaint be punishable with simple imprisonmen...... for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......1.72 and since the prosecution could not produce any document to show that at time of accused's second marriage on 14.9.78 the Arbitration Council or its Chairman was in existence and so the question of taking permission did not arise. The learned Judge also, relying on the evidence of two ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......;I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......the delivery of the goods is made not as a result of any dishonest inducement then no offence of cheating is committed. In a case of supply of goods on premise to pay its price the all important question to be determined is whether the intention not to pay the price was there when the promise w..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February 12, 1986. Resul......llot papers were opened us 7.8.64 and the counting was made on 1.9.84. It has been submitted that during these 24 days the bags were kept in the custody of the Court and therefore there cannot be any question of interpolation. I do not find from the order-sheet of the Tribunal that during those..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ...... the Directorate of Food lodged an F.I.R. with Banshkhali P.S. stating that as per movement programme No.8920 dated 20.11.81 by the District Controller of Food, Chittagong accused Haji Momtaz Meah, Inland Boat Carrying (I.B.C) Contractor took a load of 2675 maunds of salt in 1345 bags on 27.11.......dul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ...... sub-sections Including sub-section (7A) of section 167 applies in this case in view of the specific special provisions made by the law makers in section 35 (c) of Ordinance No.XXIV of 1982, the question of obtaining specific order of the District Magistrate by the prosecution for revival of th..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......d. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......he contract been executed in 1970. Mere refund of his earnest money cannot bring any solace to him because with this amount he cannot acquire any property which he could do in 1970. 16. Then the question comes when the hardship is on both sides, how the Court will adjudicate the matter. The Pri..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......bdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......ifferent (in both cases charge sheets were submitted and cognizance was taken before the offences in respect of which they were submitted were omitted from the schedule of the Special Powers Act, the question substantially is whether the offences which were committed before their omission from the s..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....the detenu under section 54 Cr.P.C, on 22nd October, 1984 and thereafter submitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenu interrogation was necessary and accordingly made prayer for remanding the d......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ....... This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......eld by the Appellate Division as follows:— "We are in agreement with the view of Supreme Court of Pakistan in Rowshan Bijaya Shawkat Ali Khan's case (18 D.L.R. (S.C.) 214) on this question. We, therefore, find that an illegal order of detention can not continued by a subsequ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
....ainst them for violation of Court's order of injunction. The defendant also cut one Jam tree and one big palm tree in violation of the order of status quo and they kept the plaintiffs out of possession of several kanies of land. Those defendants are determined to oust the plaintiffs from th......t's order of injunction. The defendant also cut one Jam tree and one big palm tree in violation of the order of status quo and they kept the plaintiffs out of possession of several kanies of land. Those defendants are determined to oust the plaintiffs from their ancestral properties wh...... Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...... 38 DLR (HCD) (1986) 111. ...... in the post mortem report which was antemortem and homicidal in nature. It can be inferred from the evidence of the doctor P.W.2 that deceased Lutfunessa did not commit suicide but was murdered. The question is who murdered the deceased. (Discussion of evidence omitted). 11. From the mere..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ...... Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......405 was also committed besides that of cheating for which the accused was found guilty. 6. Now let us advert to the first ground which appears to be of considerable substance and importance. The question is whether a, Magistrate upon finding an accused guilty a under section 420 Penal Code can ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......ut of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......n 405 was also committed besides that of cheating for which the accused was found guilty. 6. Now let us advert to the first ground which appears to be of considerable substance and importance. The question is whether a Magistrate upon finding an accused guilty a under section 420 Penal Code can p..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....the implication of report under Order 26, rule 10 of the Civil Procedure Code. 2. Defendant is the petitioner. The plaintiff-respondent filed a suit for declaration of title and recovery of khas possession after demolishing the construction made by the petitioner, confirmation of possession in ......to ascertain CS Plot No. 181 as described in lot No. 1 of the schedule of the plaint and prepare a map thereof." 4. The Trial Court also appointed an Advocate to hold inspection of the suit land and issued an order to ascertain the exact location of the septic tank, sunshed and eastern wal......s Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......in view. 12. It is true that the acceptance of the report may cause apprehension in the mind of the party, but if the terms of Order 26, rule 10 of the Code are analysed the fear disappears. The question of res judicata does not arise because this issue cannot be said to be air issue in any for..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....h Tk. 1,500/), one 50 H.P. Launch worth Tk. 3,00,000/-) and 3 swords (worth Tk.600/-) (in all Tk. 11,87,460/-) that on challenge none of the accused persons could produce any valid document for their possession of these foreign goods and for bringing them into Bangladesh and that the smuggled goods ...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......5 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......dvocate for the accused petitioners is that sub-section (1) of section 26 of the Special Powers Act, 1974 clearly ousts the jurisdiction of all other ordinary Courts in respect of the offence in question by providing as follows: "26(1) Notwithstanding anything contained in the Co..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....80 on the allegations, that on 30--80 the accused opposite parties along with 10/15 others formed an unlawful assembly and upon being armed committed lurking house trespass at night and forcibly took possession of the huts of the petitioner located on plot No.3024. The Subdivisional Magistrate Feni,......took into consideration the defence case that there was a civil suit between the parties and the complainant petitioner was restrained by an order of ad-interim injunction from entering into the suit land. He also took into consideration a proceeding under section 144 and 145 Cr.P.C. instituted......Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......ed Judges agreed that the High Court has power to quash a criminal proceeding in its early stage before any evidence has been recorded. But the learned Judges differed as to whether the proceeding in question should be quashed. The matter was referred to a third Judge and Newbould, J. agreed with th..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....m Chowdhury, Azizul Haque, Afzal Ahmed, Mofzal Ahmed, Jamal Hossain, Nurul Islam, Md. Alam and Md. Idris along with 10/15 others took away from complainant's land paddy worth Taka 3000/- from his possession and that the paddy was grown by him. The Police investigated into the case and submitted ......e 8 accused persons namely, Abul Kashem Chowdhury, Azizul Haque, Afzal Ahmed, Mofzal Ahmed, Jamal Hossain, Nurul Islam, Md. Alam and Md. Idris along with 10/15 others took away from complainant's land paddy worth Taka 3000/- from his possession and that the paddy was grown by him. The Police inv......charged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......le Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......to the extent to which they are not expressly excluded by such special law: and (b) the remaining provisions of this Act shall not apply." 3. It is now well settled that generally on a question of limitation the Limitation Act is the general law and all other Acts in so far as they de..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
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