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Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......at the appellant's shop room is required bonafide by the landlord for the purpose of rebuilding and reconstruction. The High Court declined to interfere with the concurrent decision on a revisional application. 3. Dr. Kamal Hossain, learned Counsel for the appellant, has criticized the observa..Category: Tenancy Law | Date: | Hits: 111
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......e defendants acquired no title by the exchange deed, that there is no error of law apparent on the face of the record warranting any interference with the judgment of the lower appellate court. An application was filed by the appellant for rehearing of the Civil Procedure which the learned Singl..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......y Club. Respondent No. 4, namely, Principal Officer, Mercantile Marine Department, Chittagong is the Controlling Authority of the plaintiff-appellant. Defendant-respondent No. 3 filed an application under Order 1, Rule 10 of the Code of Civil Procedure for striking out its name. Defend..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......lant Vs. Bholanath Guha & ors...................................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along wi..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......directed against the rejecting the appellant's prayer for adding him as a party in a proceeding under section 491 of the Code of Criminal Procedure. 2. Respondent No. 1 filed an application before the High Court Division, Dhaka Bench, under section 491 of the Code of Criminal ..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......bmitted that the disputed lands being raiyati and not occupancy raiyati were transferred by usufructuary mortgages on May 29,1924 but since at this date such transfer could not be validly made the application of the provisions of section 26G of the Bengal Tenancy Act to cover such transfer ..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ad been functioning as a joint Convenor of BADC, Mofassil Central Action Committee, Dhaka. On June 15, 1978 one Akhtaruzzaman Khan, Darwan of BADC, Movement Office, Narayanganj submitted to him an application containing allegations under sections 377/442/384/368 of the Penal Code against the Gen..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... Raja, challenged the Final Report by filing a naraji-petition, which was subsequently withdrawn. Thereafter, one Khorshed Alam, who was cited as a witness in the First Information Report, filed a fresh complaint against the same accused persons on the same allegation. C.R. Case No. 299(1) 82 u......rest against 17 persons including the two appellants before us under section 302 read with sections 34 and 109 of the Penal Code, by an order dated 10 June, 1982. This proceeding was challenged by an application under section 561A of the Criminal Procedure Code but the learned Judges of the High Cou..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......shy;ing it to be an abandoned property. His objection petition was rejected by the S.D.O. and the plaintiff brought Other Class Suit No. 103 of 1973 in the Court of Munsif, Mymensingh and filed an application for temporary injunction. The learned Munsif issued a show cause notice upon the respon..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....he "doctrine of frustration" under section 108 of the Transfer of Property Act applies to cases of lease. But the respondent's contention is that the monthly tenancy was revived when fresh construction was made and a new agreement was entered into between them. Respondents do not d......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......ect in the 2nd party to hand over the possession to the appellant. 4. As serious apprehension of breach of peace arose over the possession of the hotel, the appellant filed an application before the Chief Metropolitan Magistrate, Chittagong under section 145 of the Code of C..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... the same land and got it registered 10/11 months after the death of Asiruddin, but showing execution of his document 4/5 days earlier of the aforesaid three kabalas. 3. The petitioner filed an application to the District Anti-Corruption Officer and subsequently the present case was started ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
.... 4. Mr. Santiranjan Karmaker, learned Advocate appearing for the respondents, has on the other hand, contended that the plaintiff will not be allowed to amend his plaint by setting up a fresh claim in respect of a cause of action which has become barred by law creating thereby a valua......uit exceeded his pecuniary jurisdiction. The plaintiff then filed the suit in the 4th Court of Subordinate Judge, Dhaka, where it was registered as Money Suit No. 27 of 1979, and also made an application for raising his claim to Tk. 39,000/- explaining that he had put his claim at Tk. 5000/..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......ail in the corresponding G.R Case No. 1308 of 1976 in usual course. But the accused within 7 months of the lodging of the First Information Report sought quashment of the proceedings by filing an application under section 561A of the Code of Criminal Procedure though the investigation was not ye..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... holder of a partition suit. A pertinent question of law, which is also of considerable public importance, is involved herein. It is whether an execution proceeding can be reopened on an application under section 47 of the Civil Procedure Code long after the decree has been execut..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... Twelve years is the highest period of limitation for execution of a decree under clause (a) and (b) of section 48(1) of the Code of Civil Procedure. The decree must be kept alive by filing of application for execution within 3 years after the decree under article 182 of the Limitation Act ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......a as one effecting actual transfer of the land, allowed the pre-emption. The lower Appellate Court however held that the question of benami could be determined in a pre-emption case and dismissed the application for pre-emption after reversing the trial Court’s order. A learned Single Judge of the..Category: Property Law | Date: | Hits: 122
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
.... default on 30.10.82 and, therefore, it was held that the old grievance could not be agitated in the present suit. It must be said that this was a wrong view because in the present suit, started on a fresh cause of action the court is bound to consider whether the deposit made in favour of the forme......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....molition is a question of fact which must be decided on evidence. The respondent did not agitate in the Courts below that the sanctioned plan did not involve demolition. It is now too late to raise fresh issues of fact. 14. The only objection taken by the two Courts is that t......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ...... a c1cair finding as to 'intention' before recording a conviction under & first part of section 304. The judgment in such case not only becomes open to criticism but also demonstrates a lack of application of judicial mind and care. 14. It has therefore fallen on us to consider whethe..Category: Criminal Law | Date: | Hits: 51
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