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Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....ccession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding......ion that Hindu law is applicable in their case. A court of law does not decide a point in vacuo. Where there is no controversy, the Court is not expected to lay down a law on supposed controversy. As for the other questions whether the parties should be governed by principles of equity, justice and ......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....h inspite of my obtaining a British passport on 14th April, 1972". 48. On 20th November, 1984 the respondent's mother made a representation to the President for the release of the property but her prayer was rejectÂed on 4th February, 1985. 49. The appellant's case is that the respondent was ...... High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned prope......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....s (P.W.1) younger brother Wazed Mirdha was killed and his dead body having been cut into pieces was packed in three gunny bags which were concealed in a ditch. The incident took place at about Magreb prayer time on 3rd December 1980 on the bank of Kharadanga Khal, a little away from the Informant's ......hali by an order dated 26 JanuÂary, 1983 under sections 302/34 and 201 of the Penal Code; all of them except accused Hafez were sentenced to death while accused Hafez was sentenced to transportation for life. Along with them were tried one Joynal Khan and one Yasin Majhi who were however convicted ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....s already on record with the said case even though the appellants failed to examÂine any witness initially at the trial. 8. Mr. T. H. Khan, learned counsel for the appelÂlants, in support of his prayer for an order of remand in the interest of justice pointed out that the appelÂlants were the ...... March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of oral evidence as held by the High Court Division and on such finding the suit ought to h......court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....80 in the 3rd Court of Subordinate Judge, Dhaka. These will be disposed of by this judgment since these two suits were tried analogously arising out of the same facts and circumstances with different prayers in respect thereof. 2. The Dhaka Lodge Welfare Society is the plaintiff-respondent. The s...... Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position correspondence made between the part......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....der the relevant Labour law or whether he is an employee of the Corporation, governed by its Service Rules, and whether his suit was hit by section 42 of the Specific Relief Act in the absence of any prayer for consequential relief. 6. We have heard lengthy arguments of the, learned Advocates for......s managerial or administrative in nature. He got no power to control or to supervise the work of any other person. Nature of his work does not bring him within the category of 'employer'. It is, therefore, clear that the respondent is not an’ employer' but is a ‘worker’ under the Act. The very...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......ers ...................Respondents Judgement April 8, 1987. Â The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as prov......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
..... The appellant unsuccessfully took an appeal against the decision of the Tribunal and then an unsuccessful revision against the appellate order. 8. Coming to this Division with a prayer for leave to appeal, submissions were made disputing and raising question as to the reco......lection Tribunal), confirmed in appeal, declaring the election of the petitioner void and further declaring respondent No. 1 as Chairman of the said Union Parishad. 2. Chairman election for the aforesaid Union Parishad was held on 7.1.84 Appellant secured 4263 votes and his nearest r......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....on who maintains it. More revealing evidence was given by D.W. 2 when he said that "after the death of Surendra Saha the suit-land became enemy property. We prayed for lease of the suit house and our prayer was allowed. “In cross-examination he stated I heard from my moÂther that my father did no......xpressed in the judgment by my learned brother MH Rahman J. 2. Facts are simple. Plaintiff is the appeÂllant. He filed the suit being Title Suit No. 264 of 1977 in the Court of Munsif, Chandpur, for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusi......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....or a declaration that order of mutation dated 10.5.1975 was null and void and not binding upon them. 3. When the suit was thus pending it is alleged that the plaintiff intended for making a prayer for temporary injunction against the defendants restraining them from cutting away the paddy......983 summarily dismissing the application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Title Suit No. 262 of 1975 in the First Court of Munsif, Gopalganj for a declaration that order of mutation dated 10.5.1975 was null and void and not binding upon the......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....ey thoÂught that they would be deprived of their management after her marriage with the deceased. P.W. 5 Ashakjan and P.W. 6 Mosaddar Ali saw the deceased in the company of the accused before Magreb prayer. P.W. 7 Nafal Uddin, P.W. 10 Torab Ali and P.W. 14 Kashem stated that the deceased was in the......leave is directed against an order of acquiÂttal passed by the High Court Division in Criminal Reference No. 1(C) of 1982 and Appeal No. 40(C) of 1982. The High Court Division rejected the reference for confirmaÂtion of sentence of death of accused No. 1 and allowed the appeal after setting aside ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
....if the land had been sold under Ext.1 the plaintiff's title was extinguished by the defendants' adverse possession of over 12 years; that in these circumstances the suit for mere injunction without a prayer for establiÂshment of title is not maintainable. 4. Both the trial Court and the lower A....... Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is wheÂther the High Court Division is well-founded in law in holding that the plaintiff-respondent's suit for permanent injunction against the deÂfendants-appellants is maintainable. 2. Plaintiff-respo...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....ereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of District Judge, Dhaka against the appellants and respondent Nos. 2-5 stating that on the prayer of Tapashee Snipping Lines Ltd. (respondent No. 2), respondent No.1 sanctioned the loan of T......pa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972). 2. Facts are: Respondent No. 1, namely, Bangladesh Shilpa Rin Sangstha, hereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of District Judge, Dhaka against the appe......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....and that there was no hut there ; that the complainant filed Title Suit No 204 of 1980 in the Court of Munsif, Noakhali and prayed for temporary injunction against the accused, but his prayer was rejected alter hearing the defendants; and that for establishing this claim to the suit ...... Criminal appeal No. 83 of 1983). Judgment: M H. Rahman J. - In a trial for house-trespass and mischief by fire on a dwelling hut the trial court convicted the two a......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....abiruddin and requested her to sell the suit land to Sufia Khanam whereupon an agreement was reached for sale of the land for a consideration of Tk. 2000/-, that on the following evening, at Magreb prayer time, she was taken to the house of Dabiruddin where she was paid Tk. 200/- as earnest money......ught to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. 87 of 1969, recipient of the sale-deed namely, the appellant prayed for establishment of her title on the basis of the said sale-deed. The sale-deed has been held 'voi......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....he co-sharer and the plaintiffs are thus in constructive possession of the suit land. The ejmali character of the suit land has been causing inconvenience, hence the suit for partition with a prayer for declaration of the plaintiffs' title. 4. Defendants 1 to 7 contested the suit by ......urt Division, Dhaka Bench, in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the sui......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....the 3rd court of SubordiÂnate Judge, Chittagong impleading respondent No.1 as defendant No.1 along with other defendants for a decree for establishment of title and confirmation of possession with a prayer for permanent injunction and alterÂnately for khas possession on setting aside an order of r......t has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provides remedy for any mala fide action in respect of acquisition under the Act and the appellant took advantage of......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....laint alleging that though it transÂpired at the time of filing the suit that he was a leasee, in fact, defendant No. 1 being not a leasee of the suit land he was an unneceÂssary party. Plaintiff's prayer was rejected by the learned Subordinate Judge against which plaintiff preferred Civil Revisio......sion, Comilla (Mr. Justice A.T.M. Afzal and Justice Nurul Huque Bhuiyan on 30th October 1984). 2. Respondent No 1 instituted Title Suit No. 181 of 1979 in the court of Subordinate Judge, Noakhali for declaration that the suit land was not vested and non-resident property. Allegations were that t......1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
.... 1983, 3. The learned Sessions Judge fixed 20-9-83 for examining the witnesses and 21-9-83 and 22-9-83 for rest of the witnesses. Three witnesses were produced by the prosecution but owing to the prayer for adjournment the Court adjourned the hearing fixing 22-12-83 for trial. On 22.12.83 the pr......tal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of the pr......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting becoÂmes indispensably necessary to determine the dispute. Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on th......wn and their secrecy should not be infringed by reopening the sealed packet unless the recounting becoÂmes indispensably necessary to determine the dispute. Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on the spot ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
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