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Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case, was barred under the principles of Mohammedan Law which prohibits granting of partial pre-emption. 2. Mater......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......ellip;…… Defendant-Respondents Judgment August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. Lawyers Involved: TH Khan, Senior Advocate, (AJ Mahmud Ali, Advocate, Supreme Court wi..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....to do so. It is no doubt a discretionary power of the Court as to when a receiver may be appointed in respect of any property but the discretion must be exercised judiciously according to judicial principle and not capriciously. The applicant for appointment of receiver of any property must show...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 1995. Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record..Category: Property Law | Date: | Hits: 61
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......lip;……Petitioners Vs. Bangladesh and others............................................. Respondents Judgment January 30th, 1992 Lawyers Involved: M I Farooqui, Advocate, instructed by Md. Aftab Hossain, Advocate-o..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the Hi...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......ellip;.Appellant Vs. Md. Jalil and others…….Respondents Judgment August 23, 1995. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidulla..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
.... even without express words to that effect, retrospective effect may be given to an amending law, if the new law manifests such a necessary intendment. With regard to the procedural laws, the general principle is that alterations in procedure are retrospective unless there be some good reason agains......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ent Judgment August 22, 1995. Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242. Lawyers Involved: A A Chowdhury, Advocate, instructed by Md. Nawab Au, Advocate-on-Record — Fo..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... People’s Republic of Bangladesh vs. M/s Speedbird Navigation Co. 30 DLR (SC) 101, Bangladesh vs Messrs ATJ Industries Ltd. 28 DLR (AD) 120, Gannyson vs. Sonali Bank, 36 DLR (AD) 146. Lawyers Involved: A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Hu..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....d by the learned Advocate for the appellant has no substance. 12. The next point as raised by the learned Advocate, as has been already noticed, is to the effect that the presumption and the principles relating to Hindu joint family cannot be made applicable in the case of members of a Mus......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......rokh Ahmed vs. Abul Khair and others 6 DLR 365; Aminuddin Munshi vs. Tajaddin and others AIR 1932 Cal 538; (Syed) Abdul Huck and others vs Seetameetti Narayan Naidu and anr. AIR 1938 Mad 14. Lawyers Involved: Muhammad Habibur Rahman, Md. Ayub—For the Appellant. Syed Amj..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....aw involved in the case. 10. The impression which I have gathered from the reading of the judgment delivered by the learned Special Judge impels me to refer to the preliminary and important principles of law required to be kept in mind by the lower judiciary while administering justice in......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......D 1963 (SC) 38; Ghulam Haider vs. The State 9 DLR (WP) 52 = PLD 1957 (WP) Lah. 519; Muhammad Zaheer Nadem vs. The State PLD 1960 (SC) 50; Saeed Ahmed vs. The State 16 DLR (SC) 484 Reference. Lawyers Involved: Abdul Hamid Chowdhury with SM Nurul Alam—For the Appellant (in Cr. A..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....the retracted extra-judicial confession made by the accused before the witnesses of doubtful integrity should not be believed unless corroborated by exceptional circumstances. These are well-known principles of law which are not disputed by Mr. ATM Masud, the learned Deputy Legal Remembrancer, a...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......LR (FC) 126: Mst. Sairan vs. The State 22 DLR (SC) 35: Hakim Gul vs. The State PLD 1964 Pesh. 1: Abdus Shukur vs. The State 16 DLR Dacca 147: Wazir and others vs. The State PLD 1960 Kar 74. Lawyers Involved: Latifur Rahman, Advocate —For the Condemned Prisoner. ATM Masu..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... a discussion of the question of onus, because the whole of the evidence in the case is before the court and it has no difficulty in arriving at a conclusion in respect thereof. In the light of the principle of law enunciated in the aforesaid case it appears to me the entire evidence on both sid......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ...... IA 83; Ng, See Hem vs. The Official Assignee Federation of Malaya 5 DLR (PC) 214; Radha Ballav Basak vs. Krishna Sundari Basak 5 DLR 114; Purnendu Kumar Das vs. Hiran Kumar Das 21 DLR 918. Lawyers Involved: Abdus Salam Khan, AR Khan—For the Appellants. Nasiruddin ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... 141; Gajachar Ladha vs. Khas Mahatab Colliery Co. and ors AIR 1959 Patna 562. Since I have already taken the view that the contention fails on facts, I do not consider it necessary to discuss the principles laid down therein. In the end, it may incidentally be mentioned that the defendant No. 2...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......rs AIR (1937)(PC)251 corresponding to 64 IA 311; Kesoram Poddar vs. Banamali Dey and ors. AIR 1927 Cal. 141 and Gajadhar Lodha vs. Khas Mahatab Colliery Co. and ors. AIR 1959 Patna 562 ref. Lawyers Involved: DC Bhattacharjee, BB Roy Chowdhury —For the Appellant. SK Sen..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
.... individual, was required to be shown as a member of an undivided family, on the basis of some material. This, however, was not available at all in this case and the Income-tax Officer relied on a principle that every member of a Hindu undivided family belonging to Dayabhaga School was to be pre......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ...... 1970. Cases Referred to- Kalyani Vithaldas vs. Commissioner of Income Tax. 64 IA 87; Sur Sundar Singh Majithia vs. The Commissioner of Income-Tax, CP and UP 1942 (10) ITR 457. Lawyers Involved: BN Chowdhury, Pradip Kumar Guha — For the Applicant. Mohammad..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......p; Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rah..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......ra Nath Chakravarty vs. Trailakya Nath Chakravarty and others 40 CWN 1023; Abdul Aziz. Khan vs. Lalit Mohan Banerji 54 CWN 442; Ajit and others vs. Hacharuddin Prodhan PLD 1966 (Dacca) 198. Lawyers Involved: Nizamuddin Haider—For the Petitioners. Latifur Rah..Category: Property Law | Date: | Hits: 47
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....e prima facie case in respect of his title and possession in the disputed properties and so the appellate Court rightly refused to grant temporary injunction in his favour. 7. It is settled principle of law that to obtain temporary injunction a party has to clearly prove prima facie case ......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......Ghosh & others (1959) 11 DLR 470; Jamman Mia vs Assistant Custodian of Enemy Property (1969) 21 DLR 562; Shahzada Muhd. Omar Beg vs Sultan Mohammad Khan and others (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Abdur Rahim, Advocate—For the Petitioner. AM Mahmudur Rah..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......, 1970. Cases Referred: Sk. Mujibur Rahman & others vs State 15 DLR 549 PLD 1964 Dac 330; Fakku Mia alias Motahar All vs. The State 10 DLR 26; Srinivas Mall vs King Emperor 51 C.W.N 900. Lawyers Involved: Abdul Aziz with Latifur Rahman—For the Appellant. Md. Modabber Hosain —F..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....m of a big navigable river has all along been recognised to mean appropriate boundary or territorial demarcation of various respective zones or areas. There are clear authorities to show that this principle should be adopted by the Government in deciding boundaries of zones or areas under any sy......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......ast Pakistan ..............Respondents Judgment January 27th, 1971. Lawyers Involved: Tufail Mahammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....y disappears and merges in the order of the appellate authority so that there remains in existence only the appellate order and this order can be made the basis of a suit." The principle as laid down by our Supreme Court in the above case is too well known and with reference ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......Afzal vs. Mt. Sardar Begum and others, AIR 1949 Lahore 69; Komorappa Goundan vs. Ramaswamy Goundan, AIR 1948 Madras 150; RK Balaji Rao and others vs. MO Natesa Chatty, AIR 1948 Madras 138. Lawyers Involved: Aftabuddin Ahmed- For the Petitioners. MA Rouf — For the Opp..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......ovince vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchand AIR 1944 Nagpur 24. Lawyers Involved: MH Khondker and Abu Backkar—For the Appellant. Abdul Wadud C..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......ibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. Hajee Erfanuddin, 9 DLR 601; Suresh Chandra Sen vs. Jogesh Chandra Sen, 43 CWN 969; Lawyers involved: Syed Mohammad Ali—For the Petitioner. SMA Latif—For the..Category: Property Law | Date: | Hits: 69
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