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Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....udge to the effect that Kabuliyat Ext. 2 did not confer any title to the appellant. 8. It was also argued that the learned Judge was wrong in holding that the appellants did not satisfy the legal requirement as demanded by section 143A of the State Acquisition and Tenancy Act or...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....premises. This has been explained in Woodfall's Landlord and Tenant, page 326 in the following words: "Whenever the particular estate and that immediately in reversion are both legal and both equitable, and by any act or event subsequent to the creation of the particular e......n of a tenant under section 3(17) of the Bengal Tenancy Act, 1885. This definition has remained unaltered all-through. Under this section the bargader or Adhiar is not a tenant, but he acquires the status of a tenant only in two circumstances; if he is admitted as a tenant by the landlord in any ..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....xcluded the present revisional application is within the period prescribed in section 32(3) of the Waqf Ordinance. Section 14 of the Limitation Act, which provides for exclusion of this time spent in legal proceedings in wrong forums, has been invoked by Mr. Khan. This section is quoted below- ......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... with the vendor in including a fictitious property in the sale deed, the right of the transferee arising under the sale deed shall not be invalidated in view of the Registration Act. This legal aspect of the matter had not been taken into consideration by the learned Court of appeal be......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
.... has filed this appeal by special leave granted by us to consider the question whether the High Court Division's order on a revisional application under section 25 of the Small Causes Courts Act is legal and proper. The impugned order is dated 16 January, 1984 in Civil Revision No.121 of 1983 of t......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....w and its application to individual cases, it provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordships nevertheless recognise that fop rigid adherence to precedent may lea...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....acted confession of a co-accused on the basis of which these four appellants have been convicted and sentenced to transportation for life under section 302/34 of the Penal Code, keeping in view the legal position that the statement of a co-accused under section 30 of the Evidence Act is not evide......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......nishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a Judge with the rank and status of a District and Sessions Judge to try the offence punishable under the Drug (Control)..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n and the mortgage deposit of title deeds. The learned Counsel particularly stressed that such manipulations were evident from the pasting in the Bank's clean cash book, Ext.5. Apart from the legal effects of the deposit of title deeds and other relevant papers referred to above showing the......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....respondent Nos. 2 and 3 were right in accepting the tender, the same being in violation of the terms of the tender. Further, since in view of the principle stated in 32 DLR 223 AD appellant had the legal right to challenge the acceptance of the tender and was entitled to an order of injuncti......der respondent No.3 filed an appeal, being First Miscellaneous Appeal No.173 of 1984, before the High Court Division. The learned Judges of the High Court Division directed the parties to maintain status quo till the disposal of the appeal. After hearing the appeal on 12.11.84 the learned Judges..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....ion No. 41 of 1993 making the rule absolute declaring the judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan ...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....nts, allowances and all other benefits for the period of their unauthorised absence. We declare that the salary, emoluments, allowances and other benefits so received by the respondents are illegal and unauthorised. The aforesaid illegal and unauthorised receipts of salaries, emoluments and......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....ter alia, that ''no officer of the Corporation has any authority to convert profit from mercantile system to cash system or even to maintain books encase system in view of the above mentioned legal provisions", namely provisions of section 32 of the House Building Finance Corporation, ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....gment Shahabuddin Ahmed J.— In this appeal by special leave, at the instance of the State, the legality of the High Court Division's order of acquittal in revision has been called in question. T...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....p;…..Respondents Judgment November 13, 1984. The Code of Civil Procedure, 1908 (Act V of 1908); Order 23 rule 3 When a respondent in an appeal dies and one of his legal representative is already on record in another capacity, the appeal does not abate even ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....ior to the coming into force of the East Bengal State Acquisition and Tenancy (Fourth Amendment) Ordinance, 1961, was not in contravention of any law for the time being in force and was legal and valid." 9. After section 9 of the said Act, the following new sectio...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....khali for a declaration that the partition deed executed them and the defendant, Abdul Malek, predecessor of the appellants on 12 March, 1965 and registered on 19 March 1965 was void, fraudulent, illegal and was obtained by misrepresentation. Facts, as stated in the plaint, are: Plaintiff-respon......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....r help, to the contention of the appellants that their appeal should continue even though the appeal by one of them had abated. It was observed- "However where in a case the legal representatives of the deceased appellant and the surviving appellants are negligent in......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......y his order dated 19.02.2004 asked the officer-in-charge of Badda Police Station to enquire into the matter and submit report. In the meantime, the magistrate also directed the parties to maintain status-quo in respect of possession in the disputed land and also to submit bonds ensuring pea..Category: Criminal Law | Date: | Hits: 45
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