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Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......d inoperative and that the suit was governed by Article 144 and not Article 99 of the Limitation Act. In the Full Bench decision in Daibaki Lal's case, Sayem J. observed that if the plaintiff is a party to the instrument the court refuses, as a rule, to grant such a declaratory relief, on the gr..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
.... without any attempt to conceal it from the co-sharers and that he possessed it on claim of his exclusive title. The learned Counsel further contends that even if the stranger purchaser's title was defective or invalid still it does not matter so far as his possession is concerned, and that the ...... 20. This principle was, however, not only re-affirmed in Maharaja Srischandra Nandy and ors Vs Bajjnath Jugal Kishore (a firm) reported in 39 C.W.N. 352 and it was explained further that when the party claiming by adverse possession fails to show that the party possessed against, by exercising..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......st of the rent receivers including their interests which for the time being are under management of the Court of wards but no such notification is in existence and therefore the onus will be upon the party which alleged the existence of such notification. If the onus is not discharÂged, the positio..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......upÂreme Court held that "the question as to wheÂther the act of an executive or administrative officer or a quasi judicial or judicial tribunal is without jurisdiction, illegal and not binding on a party, being a matter of a civil nature, is always to be decided by the Civil Courts except to the e..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....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. ......ary to bring out desirable facts of a case modifying the examination-in-chief or establishing the cross-exaÂminer's own case. The object of cross-examination is two old, to bring out the case of the party cross-examining and to impeach the credit of the witness. In examination-in-chief the witness ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......ppellant from the plaint alleging that though it transÂpired at the time of filing the suit that he was a leasee, in fact, defendant No. 1 being not a leasee of the suit land he was an unneceÂssary party. Plaintiff's prayer was rejected by the learned Subordinate Judge against which plaintiff pref..Category: Property Law | Date: | Hits: 42
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....aits does not arise as because all of them were not involved in managing the affairs of the deity and the development committee. Non impleading of all those Shebaits shall not render the suit bad for defect of parties. Moreover, the defect of party has neither been impleaded nor any such issue was f......were not involved in managing the affairs of the deity and the development committee. Non impleading of all those Shebaits shall not render the suit bad for defect of parties. Moreover, the defect of party has neither been impleaded nor any such issue was framed during trial…………………..(1..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....an one space in a ballot-paper in space being earmarked for only one Candidate "Double marks' indicating a vote for more than one candidate where only one candidate is to be elected is such a glaring defect that cannot escape notice of the parties their representatives in whose presence ballot-paper......aring result of the election void, is illegal……(8) Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by..Category: Election Law | Date: | Hits: 140
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....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 ......under section 145 of the Code of Criminal Procedure by the learned Sessions Judge in exercise of his powers under section 439A of the Code of Criminal ProÂcedure. 2. The appellants were the first party in a proceeding under section 145 of the Code of Criminal Procedure. The petition for drawÂin..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ...... all along been sitting on Tuesday and Friday, but the people behind Tebaria hat fixed its hat days on Tues day and Friday for destroy the Salimabad hat. On the other hand the case of the Opposite party i.e. the people behind Tebaria hat is that the Tebaria hat has been actually functioning for a..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......ising revisional powers under section 115 of the Code of Civil Procedure against the decision of any election appellate Tribunal, the High Court Division can grant any relief to which any aggrieved party is entitled to under the Ordinance…………..(42) The District Judge being a “Pe..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... and the legal consequence thereof. 14. Baillie says that the acknowledgement by a man of a child is valid under the folÂlowing circumstances: first, the ages of the parties must admit of the party acknowledged being born to the acknowledger: as otherwise he would be manifestly a liar. Seco..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....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 ......151 or 152 C.P.C. The Appellate Court below and the High Court Division found the impeÂdiment in doing so, because of presence of secÂtion 97 C.P.C, Section 97 reads as follows: "Where any party aggrieved by a preliÂminary decree passed after the commencement of this Code does not appe..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....mself that the notification of tale has been duly published and the notices of sale have been sent to proprietors by registered post but the omission to serve such notice on any proprietor or any defect in the service of any such notice shall not by itself be a ground for the annulment of a sa......84) 36 DLR 253 AD, there may be valid considerations for not allowing such amendment. We observed: "Amendments of the pleadings are allowed, even when a legal right had accrued to the other party, if special circumstances of the case outweigh such consideration. In exercising this power,..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged 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) 106 ......g the question. Courts in all these cases, seem reluctant to give automatic effect to the rules of Hijanat enunciated by Islamic jurists, if circumstances existed which justified the deprivation of a party of the custody of his child to whose custody he was entitled under Muslim Law, courts did and ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....on of immovable property as a tenant of another person then neither he nor anybody claiming through him shall be permitted durÂing the continuance of the tenancy to deny the landlord's title however defective that title might be. This necessarily implies that in case the tenant sets up a claim of t......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... 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. ...... on these allegations Santushti Begum lodged a complaint against Nurul Islam, his uncle and other relations alleÂging that her father was assaulted and she was sought to be abducted by Nurul Islam's party, whereupon a counter-case was also started. 4. The prosecution examined 9 witnesses includi..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......¦â€¦â€¦â€¦â€¦â€¦. (c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to only proceeding in any Court in respect of a document produced or given in evidence in such..Category: Criminal Law | Date: | Hits: 69
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......t one month's notice was reÂquired for cancellation of dealership, reference was made to clause 12 of the agreement, Ext. 6. Clause 12 is as follows: "12. This licence may be terminated by either party upon giving to the other not less than 30 days notice in writing, to expire at any time of its..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......to the Court for rectification of the register. (2) The Court may either refuse the application or may order rectification of the register and payment by the company of any damage sustained by any party aggrieved, and may make such order as to costs as it in its discretion thinks fit. (3) On a..Category: Company Law | Date: | Hits: 195
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