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Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......ot the case. Plaintiffs evidence that they got share of their crop from Alfazuddin and prior to that from Jobeda cannot be disbelieved when viewed in the light of relationship. Mere non-payment of rents and even non-sharing of profit would not justify a case of adverse possession. 19. It ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....ions are proved. This could be done at the trial which, unless the Civil Court had jurisdiction to entertain the suit, could not be held According to the learned Counsel the allegations were not bare statements of malafide without particulars. 17. Paragraph 5 of the plaint as quoted above has gi......r Chowdhury, J. 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: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... 6. Upon a simple reading of the judgments of the trial court and the appellate court we find that no attempt has been made to appreciate the defence case vis-à-vis the prosecution case, but the statements of prosecution witnesses given in examination-in-chief have been virtually reproduced i......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....nd later on, an additional written statement was filed by the Deputy Commissioner through the Additional Government Pleader, Dhaka. The plaintiff raised objection to the acceptance of these written statements taking the ground that in this suit against the Government, in the Ministry of Defence, t...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....-section (1) postulates that he shall make an order in writing "stating the grounds of his being so satisfied, and with the direction to attend his Court on the date fixed" and "to put in written statements of their respective claims as respects the fact of actual possession of the subject of di......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ry, 4. 4.78 Ministry of L.A. & L.R. 10. Being aggrieved, appellants field the aforesaid suit, Defendant No. 7 Golam Hossain Khan contested the aforesaid suit by filing two separate written statements, contesting, inter alia, that the suit was not maintainable and that the Tebaria hat ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....e. I find that rejection of the evidence of D.W.1 is not arbitrary, but is founded on cogent reasons and proper appreciation of the evidence according to rules of evidence. D.W.1 made inconsistent statements vis-a-vis his deposition in the two previous suits in 1966 regarding his mother's exis...... "The question then is whether in cases like the present, where the paternity of a child, that his, legitimate descent from his father, cannot be proved by establishing a marriage between his parents at the time of his conception or birth, the Mohammadan Law recognises any other method where..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....or declaration of their title in the suit land and for khas possession of their share on partition. 3. Main contesting defendant in the suit was defendant No. 49, who by filing separate, written statements; contended that the first schedule of land of the written-statement was owned by him by v......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115...... Additional District Judge held: "I am humbly of the view that it is not the policy of the above law or the intention of the framers of the same that the state will be sold for arrears of rents without giving the persons concerned any opportunity to pay the same. If that were so the ad..Category: Fiscal/Taxation Law | Date: | Hits: 80
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... seen any kupi lamp in the hand of Jaida. Other two witnesses P.W.s. 2 and 3, who heard from him about this incident, it may be mentioned here, made similar omission about any kupi lamp in" their statements under section 161 Cr.P.C. As to the assault, he stated in the Ejahar that all the accused...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
.... as on 31-3-74. On 18th September 1976 the aforesaid case was decreed on compromise. Mr. A. Sattar, Chairman of the respondent Company, who is an educated person swore the affidavit stating that "the statements made in the annexed petition of compromise are true to my knowledge". Thus the terms and ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
.... High Court Division in 17-page judgment have considered items of evidence that are proposed to be given in the trial and commented upon them. It was observed: "On a perusal of the F.I.R. and the statements of the witnesses under section 161 Cr.P.C including those of Delwar Hossain and Khairuz......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ..Category: Criminal Law | Date: | Hits: 105
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......1965-66. As such the respondent was no longer a co-sharer in the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tah..Category: Property Law | Date: | Hits: 52
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....re admissible evidence irrespective of whether the party making them appeared in the witness box or not and whether that party when appearing as witness was confronted with those statements in case it made a statement contrary to those admissions. The purpose of contradicting ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....ant case the charges on the ground of forgery have been, duly considered by the two courts below and the reasons assigned thereof might not be happy but the appellant having failed to challenge the statements made in affidavit sworn by the iv respondent No. 1 we find consideration as to whether t......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... doubt." 4. The contention raised on behalf of the appellant before the High Court that the appellant was committed to the Court of Sessions merely on the basis of the confessional statements of the two co-accused and not upon any legal evidence, was repelled by the learned Judge......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....he police that she woke up from sleep on hearing alarm of her brother and then she ran to the verandah. Their evidence in court that they woke up together to make water stands contradicted by their statements recorded under section 161 of the Code of Criminal Procedure. P. W. Fazila, it appears, ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....s interpretation of the words "the proceeding of a court of justice" appearing in the 4th exception to section 499 of the Penal Code. Counsel contended that this exception does not cover statements made in written complaint but statements made orally in open court. 3. It would b......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......nnas was divided into two jamas—one bearing Rs. 3/15/-annas and the other bearing 1/2/-annas—on the basis of Separation Case No. 81/59-60. He proved the Ext. 1 series and deposed that the rents were realised accordingly. This evidence is corroborated by the evidence of O.P.W. 5, Zah..Category: Property Law | Date: | Hits: 48
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....se of agreed assessment vide Paragraph 15. Paragraph 15 reads as follows: (a) "The returns/reviled returns or a consolidated statement of Income would be examined in the light of the wealth statements. It after taking into consideration the personal expenses and in the case of existing A......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98