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Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......ight is also an enforceable right and there is no reason as to why a person can not claim possessory right as against another person who also does not claim any title of the own. It is a well-settled principle of law that even a trespasser is entitled to maintain his possession against the entire wo......f facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence or is kept put of the way by the adverse party or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasona..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......dated 9.11.73 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 3.......nt in the District Board, is a permanent post-and the post of Accountant, Works Programme is a temporary post. So, deputation to a permanent post with a higher maximum limit of salary is not tantamount to demotion. Moreover, deputation does not mean permanent disassociation with the origin..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......to realise the cash that were lying with the Daulatpur Branch, of the Sonali Bank having its office at Khulna and also the cash deposited with Motijheel Branch of the Habib Bank at Dhaka and also the amount lying with the Controller of Movement and Storage, Khulna on the allegations inter-alia that ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......of the evidence on record it cannot be said that the two accused appellants were prejudiced in any manner in their defence. Further section 149 of the Penal Code is wide enough to cover the principle of section 34 of the Penal Code. It has been held in the case of Abdul Matin Mun......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......ave under the said section. Being admittedly out of possession any alleged threat to peace over the dispute could only have been at the binding of the first party-petitioner himself. Upon the general principle of law a person cannot be allowed to take advantage of his own wrong. It is well settled t......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......, in support of his contention. The short facts of the case are that a Civil suit was filed by the respondent for a declaration that the order of the District Judge directing a refund of the decretal amount deposited was illegal and without jurisdiction. The suit was dismissed but ultimately in a Le..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......cused Forkan Ali and on the sole basis of the said confession he found all the accused appellants guilty of the robbery. The learned Assistant Sessions Judge forgot and ignored the well settled legal principle that confession of a co-accused is no evidence and that no conviction can be based on it u......ay. But in the confession accused Forkan Ali simply said that only three pieces of gold churis and some clothes were robbed away and that he being one of the four robbers got a share out of the booti amounting to only Taka 25/-. Thus his account of the robbery as was stated in the confession complet..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......nce of which at the inception would vitiate the transaction itself. Evidence can be led to prove fraud that would shake the very foundation of the contract including its terms and that would not amount to contradicting or varying the terms of the contract. Further, it would include mere misrepr..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......t they have any title to the suit land whereas the plaintiffs have shown by documentary evidence that they have acquired good title to the suit land from the heirs of Abdul. According to the accepted principle of law possession follows title. When neither party can prove either's possession in t......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......des complete to answer to the objection raised by the learned Advocate for the plaintiff-opposite party. Even otherwise, there is no reason why the provisions in case of an appeal should not apply on principle in case of revision. Order 41, rule 4 C.P.C. provides that where there are more ......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......ourt Division of East Pakistan in Golam Rahman vs. Mrs. Imratannessa, 22 DLR 126 held that the present, being one of complete destruction of the subject matter of a lease was govern by the general principles of laws instead of the provisions of section 108 (e) of the Transfer of Property Act. &n....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......has made is that the premises in question was an abandoned property from the very beginning and once an abandoned property it cannot be released without the proper authority of the Government. No amount of delisting or release will rob this property of its character as an abandoned property. The..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......of a tenant by sufferance, which is a concept under the English law. It has been held further that such a tenant may be ejected at any time without demand of possession. In the light of the aforesaid principle it is clear that the petitioner had neither any independent interest nor could be called a...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......evision would lie and in support of this he has referred to some decision of Indian Jurisdiction (Refer 2 Bombay Law Report page 84, A.I.R. 1924 Bombay page 527). There is no dispute as to this legal principle and it has also not been disputed by the petitioner before this Court either. 12. Hav......in M.R. Case No.144 of 1979 started under section 145 of the Code of Criminal Procedure directing the complainant in the said case to receive the sale proceeds of the paddy grown on the disputed land amounting to Tk. 14,919/75 from the receiver. 2. Facts are that on the report of the Officer-in..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......within its strictly limited jurisdiction under section 100 of the Civil Procedure Code, in reversing, in a second appeal, the lower Appellate Court's decision keeping in view the established principle that no second appeal lies on ground of erroneous finding of fact, however, gross the erro......ecorded in the Rent-Roll by mutation he cannot pay rent. The High Court Division further found that although the plot numbers were not mentioned in the receipts, other particulars including the exact amount of rent were specifically mentioned there and that this fact established connection between t..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......p corporations. Broadly speaking they are called public corporations in contradistinction with private corporations set up under Companies Act by the citizens. The State policy is to utilize the principle of corporation. A corporation has its own independent existence distinct from the sha......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......a Publication, AIR 1964 Punjab 428) In the case of PC. Sen. A.I.R. 1970 (SC) took the view that technical contempt should not give rise to any initiation of proceeding. The well established principle is that the court shall not impose a sentence for contempt of court unless it is satisfied......n a cheque when no cheque along with certificated bills is placed before him and
(iv) who is to decide that petitioner No. 1 has refused to subscribe his signatures in a cheque for withdrawal of amounts under certificated bills and/or pass such other or further orders as your Lordship may deem ..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......s, that the petition of complaint was in fact a petition of revival of the earlier case in so far as the accused petitioners are concerned and that further prolongation of the case against them would amount to unnecessary harassment of the accused and would be an abuse of the process of the Court. T..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ...... enunciated in the above ruling. 5. Mr. Abdul Mannan Khan, the learned Advocate appearing for the petitioner submits that the learned District Judge committed an error of law in not applying the principle of law as enunciated in 29 D.L.R. (Dacca) at page 229 which applies with all force to the ......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......se of the petitioner. Wheat bran by itself cannot be presumed to be an adulterated food being injurious to public health on any account because of the simple fact that any crushed wheat contains some amount of, bran being mixed up with it. It is common knowledge that edible items can be made wi..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
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