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Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ...... in July long after the expiry of the 12 years. The suit was evidently time barred and the courts bellow has rightly dismissed the suit". 7. To say the least, the observation of the learned Single Judge is contrary to record. It is unfortunate that the learned Single Judge again erroneously recor..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....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. ......spondents under sections 30/114/34 B.P.C-Whereupon the learned Sub divisional MagisÂtrate issued warrant of arrest against the respondents and others on 18.4.80. 4. Respondents moved the Sessions Judge under section 439A of the Code of Criminal Procedure and the learned Additional Sessions Judge..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8....... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mamudul Haque Chowdhury………………………………………………..AppelÂlant Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 2..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ...... other words whether the High Court Division considered the provision of Order 41, rule 27 C.P.C. correctly. 3. The respondent filed Miscellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......serves consideration. 9. The admitted position is that the defendants did pay arrear Municipal tax. The question is whether such payment of taxes is adjustable against the rent. The learned Single Judge did not find any authority in law and opined "the same could not be adjusted agaÂinst the ren..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....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. ...... title to the disputed land and buildings and structure standing thereon and for recovery of possession of the same and for mesne profits. The suit was decreed by the learned Subordinate Judge; Dacca who tried the same but, on appeal by the defendant-respondents, the learned Judges of ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....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. ......t would mutate the name of the person, who would be found by the Court to be genuine transferee, 4. Mr. Syed Ishtiaq Ahmed, learned Counsel for the appellant Contended that the learned Judges of the High Court Division erred ij5 law in deciding the question of forgery of the transfer..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......ngal Civil Service (Judicial) as Munsif in 1937 and in 1955 same other Munsifs whose named is appeared below that of the plaintiff in the Civil List were appointed to the higher post of a Subordinate Judge one after another superseding the plaintiff. After having failed to obtain the relief claimed ..Category: Employment/Service Law | Date: | Hits: 87
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......l leave to appeal is by the plaintiff in a suit for specific performance of a contract for sale. It is against a judgment dismissing his second appeal arising out of the said suit by a learned single Judge of the High Court of Bangladesh which was creaÂted by the Provisional Constitution of BanglaÂ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... Judgment A. M. Sayem, CJ.—This petition for special leave to appeal is against a judgment of a learned Single Judge of the High Court Division in a second appeal. The second appeal arose out of a suit for spe..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......uted by or under any law or in the former Government of East PakisÂtan shall be deemed to have vested in the Government of Bangladesh on and from the 26th day of March, 1971." 4. The learned Judges of the High Court Division held that since the had taken the view that the properties and ass..Category: Property Law | Date: | Hits: 125
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......bsp; Muhammad Abdullah Jabir, J.—This appeal by Special Leave arises out of a judgment dated the 7th July, 1969 of a learned Single Judge of the erstwhile High Court of East Pakistan in Criminal Revision Case No. 295 of 1968 re..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......sp; Muhammad Abdullah Jabir, J.- The petitioner who was the Chairman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a cha..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....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. ......ourt 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 Judges with the following observations: “We have perused the order of commitment..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......mpetent Magistrate committed the 12 accused persons to the Court of Session, charging them under sections 148 and 302/149 of the Penal Code. At the time of trial before the Additional Sessions Judge the charge under section 148 was retained but that under section 302/149 was dropped and two..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....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. ......; (On appeal from the judgment and order of the erstwhile High Court, Dacca dated 8-7-1970. Passed in Death Reference No. 6 of 1970 and Criminal Appeal No. 237 of 1970). Judgement: Ahsanuddi..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......ties observed by the plaintiff were premature as they were before the registration of the sale deed. This judgment was affirmed in appeal. In second appeal by the plaintiff the learned Single Judge of the High Court Division decreed the suit on the finding that the suit was not barred by li..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......p; Fazle Munim J. - This appeal arises from the judgment and order of a Bench of the High Court Division passed in Appeal No. 1 of 1974 on August 5, 1976 reversing those of the Company Judge passed in Matter No. 4 of 1969 on March 22, 1973. 2. The appellant filed an applicatio..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ....... The trial Court further held that the defendants were in possession for over 12 years and the suit was barred by limitation, both general and special. 5. On appeal the learned Subordinate Judge reversed the trial Court's decision and decreed the suit on findings that the transfer of the..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......August 20, 1976 reversing the judgment and decree of the trial court and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 30 of 1958 of the Court of Subordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mu..Category: Property Law | Date: | Hits: 54
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