Search Options
Judgment Advanced Search
Displaying 1341-1360 of 1571 results.
Jamal and others Vs. The State, 1987, 16 CLC (AD)
.... Char Khidirpur on 20.3.68 i.e. seven days after the occurrence. If it were true that Jamshed was killed within some distance of Mobarak then the first thing that Mobarak or the complainant party was expected to do on the following day of the occurrence i.e. 14.3.68 was to report either to the Polic...... The appeal is allowed. The Penal Code, 1860 (XLV of 1860), Sections 302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecution case. It seems that the beginning of the ..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......ten statement. Her case was that she purchased the bharatia right of suit room from defendent No.1 who is respondent No. 2 herein with the knowledge and consent of the plaintiff who on accepting some rents from her recognised her as tenant in the suit room. Further she did not get any notice and als..Category: Tenancy Law | Date: | Hits: 95
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. ......iven possession of the suit property though he trespassed in the suit property in August, 19-70. The suit property became enemy property and the Custodian had leased out to several persons on monthly rent and they were in possession. 4. In the meantime on 12.7.72 one Sova Rani filed application s..Category: Property Law | Date: | Hits: 47
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....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......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 case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties...Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......ter recounting of the ballot papers. " 11. Mr. Khan, however, raised objection as to the procedure adopted by the Tribunal in recounting the votes intermittently by different presiding officers of the Tribunal for more than a year and to the use of the consolidated res..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... of the suit land and other lands in favour of the plaintiff on 11.12.56. Since exchange and execution of kabala deed in his favour the plaintiff has been possessing the suit land through different borgaders. Defendant No.1 appellant took borga settlement from the plaintiff and pos..Category: Property Law | Date: | Hits: 44
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......n second appeal with the lower appellate court's finding of fact as to a tenancy, arrived at after excluding from its consideration the plaintiff's document of title and a long series of rent-receipts. In 38 DLR (AD) 22 it is held that the second appellate court may reassess th..Category: Property Law | Date: | Hits: 50
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....judicial confession made before the Magistrate, P.W. 1, the only contention about it is that it was not recorded in the words of the prisoner. This statement contains some words which are not expected of an almost illiterate person like accused Nausher, such as “Sustho mon, sustho de......ade within a few minutes of the incident remains unassailed. 10. The attending circumstances are heavily against the accused Nausher. He had no enmity with Elias; he hailed from a different village and had no business to have been present near the scene of the crime when he was ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......n Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 ceased to be in force, the reason being that these provisions could, no longer, have any application after the parent legislation, namely, Ordinance of 1966, ceased to exist. The learned Counsel then referred to ..Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....for the sunset when the deceased came to his shop. Our villagers tell time either by the movements of the sun or by the prayer hours. When they refer to a particular time its strict accuracy is not expected. About the sun-set however there can hardly be any variation. If the evidence of P.W. 9 is ......ctions 201 and 202 B.P.C. and sentenced to suffer R.I. for 7 years and sentenced to 6 months R.I. under section 303 B.P.C. and fine with direction that the sentences of Kabiruddin shall run concurrently. 5. The trial court accepted the evidence of P.W.3 Hafsa Khatun who deposed that the decea..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......nutshell are as follows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed was executed on payment of rent for 1389 B.S. on 22.8.81. Suddenly after thr..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......r 12 years; that in these circumstances the suit for mere injunction without a prayer for establishment of title is not maintainable. 4. Both the trial Court and the lower Appellate Court concurrently found that the instrument of transfer, Ext.1, is a Sale-deed showing the transaction thereund..Category: Others | Date: | Hits: 104
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. ...... 1963-64 and 1965-66 respectively; that the splitting up of the jama was acted upon; and that the pre-emptors did not file any dhakhilas since 1963-64 and 1965-66 to show that they were paying rent in-the old rate for the seven undivided holdings. The learned Single Judge also relied on Md...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. ......learned Munsif erred in this regard in placing the onus on the defendant. 7. After considering the oral evidence adduced by the parties, we find it inconclusive as to the question of parentage of the plaintiff. The onus on the plaintiff to prove that his father Nagar was the son of G..Category: Property Law | Date: | Hits: 37
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......tiff No. 1 had no locus standi to file the suit, that the deity's sebait Krishna Prosanna Das Baisnab settled the suit land with defendant No.1 on receipt of a salami of Tk 500/- at an annual rent of Tk. 15/- after receiving a kabuliyat, executed by defendant No. 1 on 4th Ashar 1360 B.S. an..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ...... land. Till his death in 1962 he executed as many as 7 registered kabuliyat during the period of 1936-1961 and after his death his heirs defendants 1 to 7 had been possessing the land on payment of rent exclusively for more than 12 years in assertion of their hostile title to the knowledge of al..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......th Basu was an employee of the Municipality. He took lease of the suit land for residential purpose for a period of 9 years from 1921. Lease was renewed from time to time and Sailendra Nath Basu paid rent upto 1956. Then he left Pakistan leaving the land in suit in the custody of his constituted att..Category: Property Law | Date: | Hits: 34
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......it No. 842 of 1981 in the 1st Court of Subordinate Judge, Dhaka, filed by the appellant-plaintiff. It is a suit for ejectment of a monthly tenant, namely, the Government and for realisation of arrear rent along with mesne profits. The Military Estate Officer did not enter appearance or file any writ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....l or potential, since the establishment of the deity and formation of the Development Committee, respondent No.1 (d) being a signatory to the aforesaid resolutions and agreement, cannot be reasonably expected to make out any case for acceptance of his contentions, this present contentions might have......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. ..Category: Criminal Law | Date: | Hits: 88
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ...... established in mouza Salimabad is a new one or an extension of the old hat in mouza Tebaria. The O. Ps. admit that at the new hat at a distance of old hat. They also admit that the owner are different. As such “I hold that the hat established by the O.Ps is a new one and they established the h..Category: Property Law | Date: | Hits: 202
16681667166616621661165916561651165016471643164216411640163516341633162716261617