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Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ing aside the sale cancelled in case No. XIII-37 of 1973-74. Defendant No.1 also instituted several criminal cases against the plaintiffs. 4. Defendant Nos. 1, 2 and 3 filed two separate written statements contending, inter alia, that the suit as framed was not maintainable and barred by limita......d also pleaded the bar of section 42 of the Specific Relief Act as no consequential relief was prayed for. According to defendants, Certificate Case No. 1145 R.A. of 1959-60 was started for arrear of rents and the disputed land was sold in auction on 9th June 1961 and sale was confirmed on 10th Au..Category: Property Law | Date: | Hits: 35
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......81. 3. Since the purchase the appellant has been possessing the suit land through her tenant after raising dwelling hut and other structures thereon and has mutated her name. She has been paying rents and taxes for the suit land. 4. Appellant has come to learn that respondent Nos. 14 and 15 ..Category: Tenancy Law | Date: | Hits: 114
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....the criticism of the appreciation of the evidence by the High Court and observed: "Merely because they have refrained from dilating upon all the conceivable arguments arising out of the statements of witnesses who appear to have been subjected to a very exhaustive and sometimes unn......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....ion found it contradictory. Accordingly, the following order was passed by the High Court Division vacating the order of stay granted by it on 5th September 1985: "In view of the contradictory statements made by the petitioner and the respondent No.5 we are of the opinion that there is a disp......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......dule land is without jurisdiction and in violation of the agreement between plaintiff and defendant - Government. Plaintiff also prayed for refund of Tk. 95, 0007- paid by the plaintiff as arrear rents etc. It was averred by the plaintiff that the suit land was acquired by the Government under t..Category: Property Law | Date: | Hits: 47
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.... since the counting of the votes by the presiding officers were challenged and allegations made in the plaint".(Election Tribunal). 10. The District Judge in appeal found: "Thus from the statements in the petition before the Tribunal and the statements of the P.Ws. recorded by the Tri......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....s proof of the truth of the facts stated herein. But answers and decrees in Chancery are admitted in peerage cases as evidence of matters of pedigree only incidentally stated therein, and statements made in the course of proceedings by a party upon oath may be admissible in other proce......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......y 18, 1984. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a time. Such irregular payment did not also constitute a waiver of the r..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....364 The Penal Code, 1860 [XLV of 1860], Section 201 The two alleged eye witnesses having not disclosed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance with the requ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....air and their substantive case would remain unconnected with the documents in the absence of oral evidence. In this context the High Court Division rightly observed that it is well-known that the statements made in the written statement are not evidence, that defendant No.2-7 having taken no ste......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ...... by section 18(5) of the Premises Rent Control Ordinance since there had been no default in payment of rent by the defendant-appellant after the plaintiff-respondent acknowledged the payment of rents for the aforesaid period." 5. Mr. S. R. Pal, appellant's Counsel, Submitted that, in vie..Category: Tenancy Law | Date: | Hits: 109
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
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......ning of the tenancy. 5. The suit land originally belonged to the maternal-grand-father of the plaintiff's son from whom the defendant took lease of the premises. A chart showing the realisation of rents by the plaintiff and her predecessor-in-interest mostly through the Karmachari Jatindra Kumar ..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....tes by the presiding officers were challenged and allegations made in the plaint". (Election Tribunal) 10. The District Judge in appeal found: "Thus from the statements in the petition before the Tribunal and the statements of the P. Ws. recorded by the ......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. ..Category: Election Law | Date: | Hits: 110
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... 6. The trial court came to the conclusion that the plaintiff cannot claim the property on the basis of the alleged deed of gift Ext.1, inasmuch as, "the alleged executants made contradictory statements in respect of their very possession" and further the plaintiff failed to produce "vital a......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....ghtly inferred that defendant’s possession in the suit-land remained unexplained. The Appellate Court's finding that PWs. were not clean people was a legal inference from the false and untrue statements of the witnesses. 10. In this case the plaintiff himself could not give the mat......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. ..Category: Property Law | Date: | Hits: 50
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....bstantiated by strong evidence, both oral and documentary, such as Ext. 9, which is a copy of petition filed by Elias in court. 7. Mr. Serajul Huq then concentrated on the two confessional statements of accused Nausher, the first one was made to Toyeb Ali, Akram Ali (P. Ws. 8 and 9) and ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... right hand had injury marks. P.W. 23 recorded the confessional statement of accused Kabiruddin on 19.5.76. P.W. 24 recorded the F.I.R. and examined some witnesses. 8. Accused Lalu stated in 342 statements that the police obtained the confessional statement by exerting pressure and torture. T......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..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. ......on although, according to the government's order of lease, the Lease Agreement and all other official records. It is within "Baralekha" Police Station. 49. As to the allegation of non-payment of rents, the appellant produced Rent-Receipts, Annexure-D series, in support of the claim that rent ..Category: Property Law | Date: | Hits: 87
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. ......sed any objection at any stage against the recording of entire partible land in the name of defendant No.1 nor did he take any step to rectify the record. Though the plaintiff claimed that he paid rents to defendant No. 1. In respect of his share, he could not produce any rent receipt to show th..Category: Property Law | Date: | Hits: 37
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