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Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

....ence, it may support an evidence of title. He has cited the cases of Lal Miah Vs. Haji Md. Ibrahim Meah and others, 28 DLR (AD) 61, Pankajeni Debi Vs. Sudhir Duna, 60 CWN 793 and Kazi Md. Hossain Vs. Sree Rom Banda, 70 CWN 1066 in support of his submission, He further submits that the word 'Dakh......ence, it may support an evidence of title. He has cited the cases of Lal Miah Vs. Haji Md. Ibrahim Meah and others, 28 DLR (AD) 61, Pankajeni Debi Vs. Sudhir Duna, 60 CWN 793 and Kazi Md. Hossain Vs. Sree Rom Banda, 70 CWN 1066 in support of his submission, He further submits that the word 'Dakh......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55.   ......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55.   ..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......ch an error has crept in the judgment. It will be profitable to quote a passage from a leave petition in the case of Sow Chandra Kanta and another Vs. Sheik Habib reported in AIR 1975 (SC) 1500 where Krishna Iyer, J. observed as follows: "A review of a judgment is a serious step and reluct..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....he learned Munsif (Now Assistant Judge), Sadar, Rajshahi for expeditious disposal. 2. The facts relevant for the disposal of the rule may be stated as follows: ‑The present opposite party No.1 Sree Narendra Nath Datta instituted a suit being OC Suit No.297 of 1972 in the Court of Munsif (Now ......he learned Munsif (Now Assistant Judge), Sadar, Rajshahi for expeditious disposal. 2. The facts relevant for the disposal of the rule may be stated as follows: ‑The present opposite party No.1 Sree Narendra Nath Datta instituted a suit being OC Suit No.297 of 1972 in the Court of Munsif (Now ......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..

Category: Property Law | Date: 11 Jul, 1990 | Hits: 67

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......n reading of sub‑section (2) of section 29 clearly shows that section 5 has no application in the present cases. Cases Referred to- Kaushalya Rani vs. Gopal Singh, AIR 1964 SC 260; Mangu Ram vs. Delhi Municipality, AIR 1976 Supreme Court 105; Mustafa @ Mustafizur Rahman Vs. The State, 1...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......ther as drinking or not drinking water, so government servants employed in the government work cannot be found out (while) taking money for themselves".- ­­­­­­­Dr. R Ramsatry's translation of Kautilya's Arthasastra. (Mysore, 1967). 7. Because of the tou......tilizing Magistrates in traps, for inspiring impartiality and credibility to the recovery of bribe money in corruption cases, is not likely to be discontinued soon. At this stage, to use the words of Krishna lyer, J. in Som Prakash vs. State of Delhi AIR 1974 (SC) 989 (989): "Ex cathedra condem..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......n inordinate delay is left to be determined by the Court on consideration of facts and circumstances of a particular case. Cases Referred to- Thiru John Vs. Subramanyan, AIR 1977 SC 1724; Ramji Kumar Vs. Chouduri Nar Pal Sing, 34 IA‑27; Nur Mohd. Mallik Vs. Sudhir K. Biswas, 17 DLR 15 ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....tudents are written and the signature of the guardian is found there. While he was Head Master of that Primary School, there was no document to show the age or date of birth of Uma Rani. 12. P.W.4 Sree Kartic Chandra Paul is the neighbour of the informant. It is stated by him that in the night fo......tudents are written and the signature of the guardian is found there. While he was Head Master of that Primary School, there was no document to show the age or date of birth of Uma Rani. 12. P.W.4 Sree Kartic Chandra Paul is the neighbour of the informant. It is stated by him that in the night fo......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......hatian not of the Collector, Dhaka. Zamindar Manmatha Bennerjee purchased the estate including the suit tank from the legal heirs of Syama Sundari Dasya and thereafter Zaminder of Bhagyakul, Gunendur Krishna Roy Bahadur after obtaining a money decree against Monmatha in Money Suit No.34 of 1934 in t..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

....cords at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......cords at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. .......K. Murshed is a tenant in the premises in the suit land. Plaintiff and defen­dant Nos.2-6 are sub-lessees inducted by defendant No.1. The suit land originally belonged to the Zamindari Estate of Ram Ratan Sharma which was seized, owned and possessed by Suresh Chandra Poddar, Joy Durga Daysa, Go......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

.... Ali and Abdur Rahman passed on them on 26.5.85 in Ses­sion Case No.9 of 1983 under sections 302/34 of the Penal Code. 2. The prosecution case, in brief, is that on 11.10.82 the truck driver Sree Sapan Kumar Mitra and his helper Md. Mashiur Rahman left for Jessore with a truck bearing No Je...... Ali and Abdur Rahman passed on them on 26.5.85 in Ses­sion Case No.9 of 1983 under sections 302/34 of the Penal Code. 2. The prosecution case, in brief, is that on 11.10.82 the truck driver Sree Sapan Kumar Mitra and his helper Md. Mashiur Rahman left for Jessore with a truck bearing No Je......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Inspector, Railway Nirapatta Bahini, Bangladesh Railway, Khulna and others Vs. Sohrab Ali, 1989, 18 CLC (HCD)

....iew of the amendment of the rule 5 of Order 20 of the Code of Civil Procedure, it is imperative for Trial Court to decide all the issues and then deliver the judgment in the suit. Md. Sultan Miah Vs. Sree Haradhan Saha and others 40 DLR at page 236 supports this decision. Cases Referred to- ......iew of the amendment of the rule 5 of Order 20 of the Code of Civil Procedure, it is imperative for Trial Court to decide all the issues and then deliver the judgment in the suit. Md. Sultan Miah Vs. Sree Haradhan Saha and others 40 DLR at page 236 supports this decision. Cases Referred to- ......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ......order as to costs. The order of stay is vacated. Let the suit be disposed of in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 79. ..

Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... Govt. of West Pakistan Vs. Begum Abdul Karim 21 DLR (SC) 1(11); Mir Abdul Baqui Bliuch Vs. Government of Pakistan 20 DLR SC 249 (257); Godavari S. Vs. State of Maha­rashtra AIR 1966 (SC) 1404; Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975 (SC) 623; Masood Alam Vs. Union of India AIR ......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ...... Chandra Nath, 42 CWN 721., Guru Prasa Sukul v. Tarini Chandra Debnath, 42 CWN 1065, Bipra Charan v. Rupeswari Das, 57 CWN, 707, Midnapore Zamindary Co. v. Naresh Chandra Roy, AIR 1922 PC 241., Abhay Ram v. Jhanda, AIR 1929 (All) 910. , Thakur Magundeo v. Thakur Mahadeo Singh”, 18 ILR Cal. 647...... To secure a loan they mortgaged it by a simple mortgage deed dated 15 November 1911 to Siristidhar. Thereafter they kot-mortgaged this land, by two registered mortgage-deeds dated 16-4-1916, to Pran Krishna who went into possession. Sristidhar filed Mortgage Suit No. 502 of 1921 against Jaghabandhu..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......o- Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Deve­lopment and others, 1981 BLD (AD) 329; Bangladesh Vs. A.T.J. Industries, 29 DLR (AD) 181; D.F.O. South Kheri Vs. Ram Sanchi, A.I.R. 1973 (SC) 205; Chittagong Pourasava Vs. Md. Ajmal Khan, 4 BSCR page 5; E.P. Sugar......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

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.     ......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.     .............................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Referred to- Nader Ali Sheikh Vs. The State, 1984 BLD (AD) page 7; Ram Singh Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; ......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.     ..

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. ......gment January 27, 1986. Result: The Appeal is allowed. Cases Referred to- Davis Vs. Mensosa 38 Calcutta 805 (P. C.); Sarkarlinga Vs. Ratnoswami Nadar. AIR 1952 (Mad.) 389; Ram Sundar Vs. K.N. Sen Chowdhury AIR 1927 Cal. 889; Shib Lal Vs. Collector of Barielly 16 (Allah.) ......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. ..

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.     ......James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 DLR 200; Purshotam Singh Vs. Narain Singh and State of Rajasthan,  AIR 155 Rajasthan 203; Ram Singh Vs. Crown, AIR 1950 East Punjab (F.B) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315. ......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.     ..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

....llate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Azimuddin Pramanik & others ................Appellants Vs. Sree Satya Narayan Pramanik & others…………Respondents Judgment ......llate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Azimuddin Pramanik & others ................Appellants Vs. Sree Satya Narayan Pramanik & others…………Respondents Judgment ....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40

Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)

.... Other Suit No.228 of 1977 which was decreed in favour of the plaintiff opposite party. The plaintiff brought the suit for a decla­ration that defendant No.1 was not the adopted son of her father Sree Kanta. 2. The plaintiff's case was that Sree Kanta died in 1377 B.S. leaving a widow K...... Other Suit No.228 of 1977 which was decreed in favour of the plaintiff opposite party. The plaintiff brought the suit for a decla­ration that defendant No.1 was not the adopted son of her father Sree Kanta. 2. The plaintiff's case was that Sree Kanta died in 1377 B.S. leaving a widow K......ases Referred to- Josoda Bai Vs. Mongol Ghani, 45 CWN page 470;Chinneasami Mudaliar Vs. Ambalavana Muldaliar, ILR Madras page 48;Waryam Singh Vs. Mahtab, 26 PR 1903; Secretary of State Vs. Dhobu Ram, ILR (1944) Lahore page 168. Lawyers Involved: B. N. Chowdhury—For the Petitione......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..

Category: Property Law | Date: 31 Jul, 1984 | Hits: 2