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Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......writ petition the said Khalilur Rahman did not get possession. Hence, he again moved this Court by another writ petition No.627 of 1980 for a direction upon the authorities to deliver the property in question to him. The writ petition No.627/80 was made absolute on 17th March, 1982 direction the res......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......property and its complete dedication to charity,. In the instant case there is no evidence that the sarkers or the alleged settle exercised their personal secular right with regard to the property in question, rather there is cogent evidence to show that the place described as 'Kali Bari' wa....... The plaintiff witnesses, however, stated that many people gave their offerings to the deity. 5. It is clear, there is no satisfactory evidence as to the making of the oral dedication. The facts, however, remain that there is deity in the suit property for about fifty years and the people..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......ithout reversing his finding and referring to the material on which the trial court based his finding. He further submits that the learned appellate court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. According to him this transfer was ......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......ment of the incumbrance by the Ghosh landlords in accordance with the provisions of section 167 of that Act has been proved by the evidence on record. 10. In the appellate Division case the question of annulment was under consideration and both the courts below as well as the High Court Di...... holding that the tenancy of the defendants was not annulled. 8. Mr. Md. Latifur Rahman, the learned Counsel appearing for the contesting respondent Nos.1 and 2 agitates that the finding of facts arrived at by the lower appellate court cannot be disturbed by the High Court Division in seco..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... 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. ...... March 9, 1983. Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited ...... 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)
....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. ......1982. (From the judgment and order dated 9-6-81 passed by the High Court Division in Second Appeal No. 5 of 1968.) Judgment Shahabuddin Ahmed J. - In this appeal by special leave, the question is whether the High Court Division acted within its strictly limited jurisdiction unde......nt of law in dealing with this question upon the evidence." Needless to say, while there can be no question as to the soundness of this principle as laid down by the Privy Council, the facts of the case are different from that of the instant case, wherein a document of title has been ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....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. ......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. ......ully conceded that he could not support the conviction on the basis of Ext.3 but feebly referred to other oral evidence of confession for finding the guilt of the accused. 22. Upon the aforesaid facts and circumstances there can be no escape from the conclusion that Ext.3 was a false and fabric..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....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. ......l terms for the lessee as the lessor may decide be executed between the petitioner No. 1 and the Government within 6 (six) months from the date of handing over of possession of the tea garden in question to the petitioners and to be effective from that date. Rents and other payments alread......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
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......om shifting the cattle market from it's place to any other place, till the disposal of the suit. Defdts. contested the suit by filing written statement contending inter alia that the suit land in question is a regular hat within the meaning sections 2 of the East Bengal State Acquisition and Ten......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......hahabuddin Ahmed J.
Badrul Haider Chowdhury J. - It is my misfortune that I could not persuade myself to the view expressed in the judgment of my learned brother Shahabuddin Ahmed J.
2. The question is whether the respondent had committed contempt of this Court. The allegation is that he w......ave the power to withdraw the amounts under certificated bills under his signature." This order was understood to be a protection for the respondent No. 1. In such circumstances whether the facts disclosed that there had been a willful disobedience of the order of the Court. The distinctio..
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)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......indra, the second executor filed a suit for injunction being O.C. Suit No.66 of 1973 restraining Jalada from the disposing of suit property. In this suit Jalada Devi took the stand that the Will in question was a forged and fabricated document. It will be noticed at once that she took a stand whic......eased, an universal or a residuary legatee may be admitted to prove the will, and letters of administration with the will annexed thereof as may be unadministered.” From the above narration of facts as mentioned above it is clear that Jalada Devi initially intended to take probate but when it..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ...... for default being not a judgment within the meaning of section 369 of the Code of Criminal Procedure, the Court has inherent powers to review and restore the Criminal Revision case. 3. The question that arises for consideration in this matter is whether the general principles of......C) 1. The Supreme Court of Pakistan also took a similar view in the case of Golzar Hasan Shah Vs. Ghulam Murtaza reported in 22 D.L.R. (SC) 258. 4. We are, therefore, of the, opinion that in the facts and circumstances, the case having been dismissed for default when it was neither heard n..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......nce but in a different case altogether. He is functus officio in so far as the first proceedings are concerned but he is not functus officio in respect of the new proceedings. As a matter of fact the question of his being functus officio in the second prosecution based on a fresh complaint does not ......ceforth having been discharged formerly on the same cause of action, the accuseds will still continue on the same bail till the disposal of the case. A second prosecution is launched on the same facts after the discharge of the accused persons, it cannot be said that those proceedings are alway..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....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. ......iple of law as enunciated in 29 D.L.R. (Dacca) at page 229 which applies with all force to the present case. 6. From the submission of the learned Advocate for the petitioners, it appears that a question of law has been raised squarely in this case and the same needs to be determined with refer...... 6. From the submission of the learned Advocate for the petitioners, it appears that a question of law has been raised squarely in this case and the same needs to be determined with reference to the facts and circumstances of the present case. In this case admittedly the deed of reconveyance to the..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....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. ...... Assistant Attorney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ATM Afzal J. — Accused-petitioner Abdur Razzak obtained this rule calling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Cou......isfied from the police diary and other papers that there were sufficient materials to proceed against him framed a charge under section 302/109 Penal Code by his order dated 22-6-82. 5. From the facts enumerate above it is found that the accused petitioner is an FIR. named accused. His name as ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......lf will not constitute an offence under Section 272 of the Penal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a particular person or group of persons in question were personally involved in the process of adulteration of food or selling thereof. Wh......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
...... it. It would be wrong to say that this document was a unilateral document, as was observed by the High Court Division. Further, the respondents' predecessor, having executed the document in question on accepting the terms and conditions mentioned therein cannot now be allowed to ......d large the decisions of the High Court Division as well as of the Courts below rest on the finding of exclusive possession by the respondents' predecessor over a long period. Whether in the facts and circumstances of the case, possession of land, even if exclusive, could convert a lic..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....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. ......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. ...... proceeding in G.R. Case No.716 of 1973 pending in the Court of the Sub-Divisional Magistrate, Madaripur should not be quashed under section 561A of the Code of Criminal Procedure. 2. Short facts leading to the issuance of this Rule arc that Mr. K.A. Khan, Magistrate 1st Class lodged an FI..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......and Local authority, Land and Building (Recovery of Possession) Ordinance 1970. In that view of the matter, the Additional District Judge held, the injunction itself having been passed unlawfully the question of violation does not arises. Against the said order and judgment of the learned Addl. Dist......g those passed by the learned Subordinate Judge, 1st Court, Faridpur dated 21-1-1977 in Misc. Case No.41 of 1976 passed under Order 39 Rule 2, Sub Rule (3) of the Code of Civil Procedure. 2. The facts relevant for the purpose of this Rule are to the effect that the petitioner as plaintiff filed..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......ahabuddin Ahmed with Shah Abu Nayeem and Maleka Parvin, Advocates— For the Respondents.
First Miscellaneous Appeal Nos. 26 and 65 of 1981.
Judgment
MH Rahman J.— As common questions of law are raised in these two matters, they have been heard one after another, and they a......urt 90.
13. In these cases it is held that when an agreement is invalid every part of it including the clause as to arbitration contained therein must also be held to be invalid.
14. In the facts and circumstances of the case provisions of section 53A of the Transfer of Property Act or the..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
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