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Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of th...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....is fact established connection between them and the plots in question. On the other hand, no rent was paid by Shashi Bhusan or his wife Golap Sundari to Swarna Baishnabi (owner of plot No. 25) at any time before the State Acquisition. Thereafter, rent for all the three plots was paid to the governme......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....same evening accused Sudhir was taken to Ruhia bil to search out the deadbody but he could not as night fell. In the same night accused Sudhir was again brought to the house of the informant. At that time his confessional statement was recorded in writing and in the following morning accused Sudhir ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....ivil Procedure Code reads as follows:- "82. Execution of decree.- (1) Where the decree is against the Government or against a public officer in respect of any such act as aforesaid, a time shall be specified in the decree within which it shall be satisfied and if the decree is n......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... nationalised banks. Article 31 of P.O. No.26 of 1972 is as follows: "All laws relating to banks and banking companies shall, subject to such adaptation and modification as may be made from time to time, shall be applicable to the new banks". The learned Magistrate has also faile......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....her Jalada Devi was alive was considered. The learned Additional District Judge came to the conclusion: “It may be safely presumed that the plaintiff Jalada Devi is not alive and she died some time in 1382 BS. Since the heirs of the plaintiff were not brought on record by way of substitution ......ed, whether his sons could be substituted. The Court below have found section 222 as bar which reads as under: “(1) Probate shall be granted only to an executor appointed by the Will. (30) The appointment may be expressed or by necessary implication.” When the first executor refused to..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....s with utmost expedition but the same cannot be meant to be dismissal of cases summarily without assigning any reason at the cost of dispensation of justice. It is true that in the second amendment a time limit has been given for the disposal of appeals but for that reason alone, the Court concerned...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....of the State Acquisition and Tenancy Act. 2. The pre-emptor filed an application for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1.......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
.... in the controversy raised is section 193 (1) of the Code Criminal Procedure which reads as follows:- "193(1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Sessions shall, take cognizance of any offence as a Court of o......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... lodged by the co-accused Ashit Baron Saha. On receipt of the final report of the Sub-Divisional Magistrate discharged the petitioner Nazrul Islam by his order dated 31-7-76. 5. In the mean time the case of accused Ashit Baron Saha was put up for trail before the Sub-Divisional Magistrate,......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....rt of his case. 10. The court of appeal below, concurred in all the findings of the trial court particularly with regard to the age of plaintiff No.2 who was found to be only 15 years old at the time of the execution of Ext. A and as such it was held that his share did not pass to defendant No.......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
.... 1st Court Dacca in Title Suit No.242 of 1967 dismissing the appellants' suit under section 7A of the Emergency Requisition of Property Act, 1948 on the ground that the suit was instituted beyond time. 2. An award was made on 17-2-1967 and in the award the parties were directed to go to Civ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ational Banking Corporation, Chittagong on condition that the same shall be forfeited and encashed by the defendant No.2 if the plaintiffs fail to establish the letter of credit within the stipulated time; and that the defendant No. 2 agreed to furnish a performance guarantee to the extent of 10% of......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ul Hossain came to the house of P.W.1 constable Wahedul Islam and took P.W.2 Ferdousi Begum on a pleasure trip to his house in village Keshabpur, P.S. Goibndaganj. Rangpur on 25th April, 1979. At the time of occurrence the age of the victim girl P.W.2 Ferdousi Begum was about 12/13 years. She h......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....r prayer was incorporated that defendants 8 to 18 should be ordered to remove at their own costs, the constructions made by their predecessor in any portion of the disputed lands within the time fixed by the Court in default, the plaintiff be authorised to remove the said constructions by ......f characterised Exhibit. 5 the partition deed as collusive. This witness further stated that he had no knowledge of the particulars of the properties or the persons in possession before his appointment as an administrator. He, however, denied the defence case that Girish Chandra, Ram ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
....n 7th April, 1980 that the claim was referred to the owners of the ship for investigation. By their letters dated 18-6-80 and 22-10-80 they repudiated their liability on the ground that the claim was time barred, though defendant No.1 and 2 paid compensation for short landing of 6 drums in another c...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
....n 7th April, 1980 that the claim was referred to the owners of the ship for investigation. By their letters dated 18-6-80 and 22-10-80 they repudiated their liability on the ground that the claim was time barred, though defendant No. 1 and 2 paid compensation for short landing of 6 drums in another ...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
.... Mr. Answer Ali referred to a decision reported in 9 DLR page 258 wherein it has been held that a document takes effect from the date of execution with reference to which Mr. Answer Ali asserted that time and moment of execution and registration is immaterial and that only the date is material. ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2