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Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......s in possession of the premises of schedule 1 and the suit as well as the application were filed by him in collusion with them. Appellant No. 1 maintained the whole family out of the income of the disputed property since 1954, when his father died and plaintiff-respondent No. 1 was married in 19..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without howÂever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......ness there from the time of the previous owner, one Mrs. Amirunnessa. The respondent got title and possession of the entire premises by purchase from Mrs. Amirunnessa—a fact about which there is no dispute. The appellant has been paying rent to the new landlords, but the landlords have sought ejec..Category: Tenancy Law | Date: | Hits: 111
BD Inland Water Transport CorÂpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......filed by the respondent No. 3 for striking out its name was however, not allowed. 9. Leave was granted to consider whether, in view of prolonged negotiations for amicable settlement of the dispute between the parties, and the conduct of the respondent Nos. 2 and 3 by giving assurances fo..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ay be entertained after dismissal of a previous complaint, or for that matter, after discharge of the accused by a Magistrate on acceptance of the police report on the same allegation, there being no dispute that there is no bar under any law to the entertainment of a second complaint. Circumstances..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ...... on facts. In reversing the judgment of the trial Court, the High Court Division unfortunately could not give cogent reason for taking different view on the facts brought on record. The question in dispute is thus a pure question of fact whether the Bainapatra was executed by defendant No. 1. Now..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ...... in second appeal (S. A. No. 894 of 1968) reversed the lower Appellate Court's decision and restored that of the trial Court, thus, finally decreeing the suit for ejectment. 4. There is no dispute that the suit land belonged to the respondents whose father had raised some structures ther..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......8 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such proceeding……………&h..Category: Criminal Law | Date: | Hits: 75
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Vs. Momtazuddin Ahmed & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......sons, some dying after preliminary decree and some even before it. The learned Advocate has also referred to a number of decisions in support of his contention. 5. There is no dispute that the question of death of any of the defendants of the suit or of their substitution wa..Category: Others | Date: | Hits: 97
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......tion. 12. Mr. Asrarul Hossain, learned counsel for the defendant‑respondent, has argued that the plaintiffs have not raised any issue as to the sending of rent by money order and there being no dispute that the rent is being deposited in the name of the plaintiffs in Misc. Case No. 202/82, it ..Category: Tenancy Law | Date: | Hits: 101
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......ractor KM Shafi Limited, a Private Limited Company (respondent in all the three appeals) for providing average 2-1/2 thick compacted premixed bituminous concrete work on the Airport Road, Dhaka. A dispute arose between the parties over payment of bill of the Contractor-respondent after completio..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... CS Khatian No. 125 (Ext. B); that by an exchange Lalit Chandra Barman got Plot No. 801 of CS Khatian No. 133 of mouza Galtoir (Ext. B (1) from defendant No. 3 Buli Barmani and transferred to her the disputed Plot No. 784 and that the fact of exchange was noted in the CS Khatian. Defendant No. 3 sol..Category: Property Law | Date: | Hits: 31
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......is allowed in part. Before parting with the case, it may be mentioned that the learned Judges of the High Court Division took note of some decisions regarding circumstantial evidences. I have no dispute with the legal propositions set out in those decisions. But the pertinent question is whethe..Category: Criminal Law | Date: | Hits: 38
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......etition. 8. Respondent Nos. I and 2 in their affidavit-in‑opposition denied that Akhanda Kumar Bose was also called by the other name i.e. Ajit Kumar Bose, It was stated that the disputed property was requisitioned in 1974 for the accommodation of Intelligence Branch Office and..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....the land by the Government to it. The facts proved in that case were that the Government expressed its intention to acquire the land, that some necessary steps were taken in pursuance of that resolution and that years after that land was found in the possession of a public body (the plainti......their case of acquisition and the said finding was wrongly upheld in revision. If the suit land was the acquired land which vested in the Government, which in fact it was, then there cannot be any dispute that the bar under Act X of 1953 was clearly attracted. Sections 10 and 12 of the said Act r..Category: Civil Law | Date: | Hits: 99
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......near a banana tree and seeing the police the accused persons fled away. In cross‑examination she stated that she was 65 years and her eye sight was not good. She admitted that she had some boundary dispute with the accused. In cross‑examination she stated that she heard that accused Salam inflic..Category: Criminal Law | Date: | Hits: 51
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......by execution of the sentence is not the duty of the appellate court and that specific proÂvision has been made in the Code of Criminal Procedure for realisation of fine. The learned Counsel does not dispute that mere pendency of an appeal is not a ground for releasing the appellant on bail and conÂ..Category: Criminal Law | Date: | Hits: 56
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there apÂpears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......lated as it is devoid of any substance. It overlooks the comprehensive findings made by the learned Munsif in that behalf which have not been reversed even by the learned Subordinate Judge. It is not disputed that Surendra Nath inducted his son-in-law Tarapada Majumder in the suit land who raised st..Category: Tenancy Law | Date: | Hits: 106
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......eceased Safiluddin, his sons including Wazed Ali and Anisur Rahman (P.W.1 and 4) and other relations. It is the prosecution case that Safil Uddin was murdered by Nazrul Islam and his relations due to dispute over property. The defence, on the other hand, is one of false implication because of the sa..Category: Criminal Law | Date: | Hits: 32
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......shad and Mominul Huq, a votary of the B.N.P was Secretary of the local youth complex. The toll collection of a local hat (Barajhat) was givÂen to the youth complex and admittedly there was a running dispute between the toll collectors and the local Chairman over the management of the said hat. Ther..Category: Criminal Law | Date: | Hits: 61
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