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Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....rkar—For the Respondents. Appeal From Appellate Decree No. 185 of 1962. Appeal against the decree of Mr AQ Chowdhury, Subordinate Judge, 1st Court of Zilla Comilla, dated the 25th day of February 1961, in Title Appeal No. 164 of 1960, affirming the decision of Mr...... 1962. Appeal against the decree of Mr AQ Chowdhury, Subordinate Judge, 1st Court of Zilla Comilla, dated the 25th day of February 1961, in Title Appeal No. 164 of 1960, affirming the decision of Mr ARM Azizul Huq, Munsif, 2nd Court, Chandpur, dated the 12th day of April 1960, in Ti..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....ash;For Respondent Nos. 1 & 2. Appeal from Appellate Decree No. 1142 of 1961. Appeal against the decree of Mr. IH Chowdhury, Subordinate Judge, Second Court of Zilla Chittagong, dated the 31st day of December 1961, in Title Appeal No. 350 of 1959. affirming the decree of Mr. A......remises on the basis of their valid purchase. On appeal the learned Subordinate Judge, Second Court, Chittagong by his judgment and decree dated 31.12.60 in title appeal No. 350 of 1959 upheld the decision of the learned Munsif. Thereafter the instant second appeal was presented to this Court ag..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....in the circumstances the accused can rightly complain that he has been prejudiced in the trial. 8. The defence does not challenge the occurrence. It only asserts that the accused was insane on the date of occurrence and he committed the offence without knowing that it was wrong or contrary to law......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... Rs. 200.00 and delivery of possession was given to the mortgagee and that subsequently Kula Kamini sold the land in suit along with other lands to the plaintiff who is her son by a registered Kabala dated the 18th Jaistha, 1353 BS corresponding to 1.6.1946. After his purchase the plaintiff filed TS......Court on consideration of the evidence decreed the suit. The learned Subordinate Judge, 1st Court, Comilla on an appeal reversed the finding of the learned Munsif and dismissed the suit. Against that decision this second appeal has been filed by the plaintiff. 4. Mr. Rouf, appearing for the plain..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......rding the cause of death of Jahiruddin. The learned Judge having accepted the prosecution case regarding the cause of death of Jahiruddin on the basis of the medical evidence the main question for decision in the instant case was whether these 4 accused committed the murder of Jahiruddin by admi..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
...., Advocate—For the Respondents. Appeal from Appellate Decree No. 384 of 1961. Appeal against the decree of Mr. Md. Moseeh, Subordinate Judge 3rd Court of Zilla Chittagong dated the 12th day of July 1960 in title Appeal No. 69 of 1959 affirming the decree of Mr. Q Sharaf......'32 acre of lands as depicted in the field book and map prepared by the Pleader Commissioner which also formed a part of the decree. 5. The defendants having felt aggrieved by the said decision of the learned Munsif preferred an appeal on the grounds that the plaintiff had auction pu..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....e any gift of his property in favour of his second wife Maleka Khatun. 6. That the occurrence took place in the house of DW 1 Yasin Sheik and that his wife Maleka Khatun was murdered on the date of occurrence as alleged by the prosecution had hardly been disputed. Besides, there are other......onsideration of one fact brought to our notice by the learned Deputy Legal Remembrancer at the time of the conclusion of his argument. The learned Deputy Legal Remembrancer drew our attention to a decision of this Court in the case of State Vs Purna Chandra Mondal 22 DLR 289 wherein a Division B..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....spondents 1 & 2. Appeal from Appellate Decree No. 352 of 1968 with Civil Rule No. 675 (S) of 1969. (Appeal against the Decree of Mr. Md Mosseh, Additional District Judge of Zilla Chittagong dated the 29th November, 1967 in Other Appeal No. 245 of 1966 affirming the decree dated 25th May, 1......er. All that the plaintiffs wanted was to remove the cloud created due to the erroneous entry in the record of rights and refusal by the Government to accept rent from them. In view of the above, the decisions cited in 8 DLR 82 and 13 DLR 70 do not apply in the present case. 10. Three other case ..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....tion was admitted in this case by the executants. The left thumb impressions of the executants were also duly taken as was required under section 35 of the Registration Act. By another endorsement dated 15.7.1965 the respondent No 2 further remarked that the executant were identified by Mr. Khon......tal Right No. 13 of the late Constitution of 1962 and, as such, there was no bar at all for according registration to the impugned document. 7. Mr. Sobhan also contended that the decision in the Title Suit as well as the appeal are illegal and without jurisdiction in view of t..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....troduced after following the detailed procedures as laid down in the East Pakistan Inland Water Transport (Allocation of Routes and Grant of Route Permits) Rules, 1967, as promulgated by notification dated 8th March, 1967, under section 67(1) read with section 54C of the Inland Mechanically Propelle...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... Advocate-on- Record — For the Petitioners. Not represented — the Respondents. Civil Petition for Leave to Appeal No. 656 of 1999. (From the judgment and order dated March 25, 1999 passed by the High Court Division, Dhaka in Writ Petition No. 4375 of 1997). ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....hman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record —For the Respondents. Civil Petition for Leave to Appeal No. 605 of 1999. (From the Judgment and order dated 11-5-1999 passed by the High Court Division in Writ Petition No. 4992 of 1997). Judgmen......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... to bring before the court so long. The defendants must take the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Han......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....lant. SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Respondents Civil Appeal No. 40 of 1996. (From the Judgment and order dated 15 & 16 November 1995 passed by the High Court Division in Civil Revision No. 1843 of 199......ay usefully quote the following passage from the Judgment of the High Court Division in Chowdhury Saifuddin Ahmed vs. Shamsuddin and others, 40 DLR 10 delivered by one of us who was a party to the decision: “It seems to us that although it is desirable that in all cases wher..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....1 (In Criminal Appeal No. 12 of 1999). Not represented—Respondent Nos. 2-5 (In Criminal Appeal No. 12 of 1999). Criminal Appeal No. 9 of 1998 (From the judgment and order dated June 4th, 1998 passed by the High Court Division, Dhaka in Criminal Appeal No. 1013 of 1998). ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....ructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondents. Civil Petition For Leave to Appeal Nos. 1049, 1050 & 1059 of 1997. (From the judgment and order dated June 10, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 58 of 1989 with W......;…………………………………………………….. 4. Following the said decision, notices were issued upon the writ-petitioners and others directing them to produce their ..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....rifuddin Chaklader, Advocate-on-Record — For the Respondent No.1. Respondent Nos. 2-8 — Not Represented. Civil Appeal No. 3 of 1996. (From the judgment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Judgment......respectively held and upheld the re-counting of votes and the same being a question of fact was not amenable to interference in the revisional jurisdiction and that the principles referred to the decisions noted in the judgment are not applicable to the facts and circumstances of the case.&rdq..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....nts Nos. 2-6 (In Civil Appeal No. 34 of 1998). Not represented — Respondents Nos. 2-11(In Civil Appeal No. 35 of 1998). Civil Appeal Nos. 34 and 35 of 1998. (From the judgment and order dated November 5, 1977 passed by the High Court Division in Civil Revision Nos. 1050 and 1051 of 199......sion. 5. It appears that by amendment one paragraph each was added in the respective suits, paragraph 14A in Title Suit No. 23 of 1993 and paragraph 20A in Title Suit No. 24 of 1993. The impugned decisions turned mainly on the basis of the facts stated in the said amended paragraphs. For the pre..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....nd the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action arises under clause (c) of proviso to section 138. Admittedly the peti......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....ructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner Not represented — The Respondent. Criminals Petition for Leave to Appeal No. 192 of 1998. (From the Judgment and Order dated 11-8-98 passed by the High Court Division in Criminal Appeal No. 671 of 1996). Judgment: ......tion examined 3 witnesses including Nurun Nahar Begum and her husband Khijiruddin. Photocopy of the recall order was sent to a handwriting expert who was examined as a witness. 6. The finding and decision of the learned Divisional Special Judge has already been noted and the decision in appeal h..Category: Anti-Corruption Laws | Date: | Hits: 73
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