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Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action under law should not be taken against him for allowing the Trawler in question to escape from the lawful custody and for not informing the C......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......n First Miscellaneous Appeal No. 501 of 1981 on June 17, 1981. 2. Appellant who is General Manager, Fish Harbour Complex, Bangladesh Fishery Development Corporation, Chittagong, (though neither a plaintiff nor defendant in the suit out of which this appeal has arisen), has become involved at the..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
...............................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enfor......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ts and respondents Nos. 2 to 29 for partition of his ½ share after deducting the area sold by him out of his share to the outsiders, namely, defendants Nos. 4 to 10. In three schedules to the plaint, schedule No. 1 comprises 15 gandas, schedule No. 2 comprises one ganda and schedule No. 3 ..Category: Property Law | Date: | Hits: 45
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....ppellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused to a......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. ......nbsp; Fazle Munim CJ.- These appeals arise from the judgments passed in Admiralty Suit Nos. 2,3,4 and 5 of 1980 on January 21, 1982. 2. These suits, four in number, were instituted by the plaintiff-appellant, Bangladesh Inland Water Transport Corporation, for compensation against t..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
..... For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for consideration.....(9) Within the scope of section 143 A, there is hardly any ground for ......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. ......he said heirs were owning and possessing the land they settled the same with respondent No. 1 in 1353 B.S. by granting Pattannamas and realising rent by granting dakhilas. Further case of the plaintiff respondent was that the revisional record-of-right was wrongly prepared in the name ..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....emption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be validly claimed by the plaintiff-respondent. The Appeal is dismissed……&hell......aining the nature and character of the lands in question and also whether the High Court Division correctly applied the provisions of section 26G of the Bengal Tenancy Act in view of the amendment of this Act in 1928, the contention was that the lands in question being raiyati and not ......by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be validly claimed by the plaintiff..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....spondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing of the suit. The act complained of is an order of dismissal and the act is done under ......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. ......o the corporation before filing of the suit. The act complained of is an order of dismissal and the act is done under the Ordinance. Six months must expire from the date of the order enabling the plaintiff to file a suit challenging such order. As such period did not expire before filing of the..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....ult: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant, Shaukat Raja, challenged the Final Report by filing a naraji-petition, which was subseque......Section 202 The Magistrate's power of taking cognizance under section 190(1) in all cases, including those exclusively triable by a Court of Session has remained unaffected, in spite of all the amendments made in the Code of Criminal Procedure………………..(12) Cases Referred to- ......allenged 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 under vari..Category: Criminal Law | Date: | Hits: 79
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....med J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from Tk. 5000/- to Tk. 39,000/-. 2. The appellant fil......sp; Shahabuddin Ahmed J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from Tk. 5000/- to Tk. 39,000/-. ...... 1983. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of the proceeding if it is found neces..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......at the order of reversion to his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what led to his grievance appears from the facts stated in the plaint. He joined service as Inspector in the Department of Civil Supplies under the then Governmen..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... Ahmed & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled t......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. ......rassment to an innocent party and abuse of the process of the court.” It was further held that “the cases may also arise where the allegations in the first information report or the complaint even if they are taken at their face value and accepted in their entirety, do not constitute ..Category: Criminal Law | Date: | Hits: 146
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....dul Majid Lane, PS Sutrapur, District Dhaka consisting of four rooms. The defendant-respondent is a tenant thereof since 1st May, 1956. There is no allegation that he was ever a defaulter. The suit for eviction was filed on the sole ground as stated in paragraph 4 of the plaint that the plaintiff......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. ......defendant-respondent is a tenant thereof since 1st May, 1956. There is no allegation that he was ever a defaulter. The suit for eviction was filed on the sole ground as stated in paragraph 4 of the plaint that the plaintiff "requires the same for his personal use and occupation of his son an..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 378 of 1988 rejecting the application filed by the defendant-appellant under Order VII, rule 11 (d) of the Code of Civil Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be dis...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......te Judge, 1st Court, Dhaka in Title Suit No. 378 of 1988 rejecting the application filed by the defendant-appellant under Order VII, rule 11 (d) of the Code of Civil Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be disposed of by this comm..Category: Others | Date: | Hits: 88
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....spondent with reference to the charge‑sheet of 12th June 1982 asking him to submit an explanation to the Principal Scientific Officer (Planning and Development) who was appointed Enquiry Off for the purpose within 7 days. In his explanation the respondent stated, inter alia, that he worke......h the injunction remains in force shall also be excluded from the time‑limitation." 14. The learned Counsel for the appellants has submitted that by a subsequent amendment in the Government Servants (Efficiency and Discipline) Rules 1989 the limit for completi......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....y leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and '......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......chedule. 2. Plaintiff 1 and 2, defendant No. 3 and Mati Miah, predecessor-in-interest of defendant Nos.1 and 2, are admittedly four full brothers. Mati Miah was the eldest and literate. The plaintiffs claim that all the lands in all the schedules were either purchased or exchanged from th..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additiona......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Pro..Category: Property Law | Date: | Hits: 25
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... quashing the judgment and order dated 25.6.88 passed by the Metropolitan Magistrate, Dhaka in P Case No. 383 of 1987 under section 561A of the Code. 2. Claiming by a petition dated 1.9.87 before the Chief Metropolitan Magistrate, Dhaka, that the case land, namely, more or less two bighas ...... a clear finding that the respondent failed to prove that his industrial plot No. 170 (north) emanated from CS plot No. 533. In fact the respondent has filed as late as on 9.5.91 an application for amendment of the plaint of Tide Suit No. 502 of 1987 praying for incorporation of CS Plot No. 533 ......hat the respondent failed to prove that his industrial plot No. 170 (north) emanated from CS plot No. 533. In fact the respondent has filed as late as on 9.5.91 an application for amendment of the plaint of Tide Suit No. 502 of 1987 praying for incorporation of CS Plot No. 533 in the schedule. ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....from Judgment and Order dated 9 April, 1987, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. 2. The appellants filed the aforesaid writ petition against respondents Nos. 1-4 challenging the legality of the Memo No. Da-73/......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....te-on-Record, For the Respondent Nos. 1& 2. Civil Appeal No. 27 of 1985. Judgment: A.T.M. Afzal J. - This appeal by special leave is at the instance of the defendant and arises out suit for eviction of the said defendant from the remises as a monthly tenant and realisation of arrear re......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272...... the findings of the trial court and again judgement of the sub-ordinate judge being set-aside by the high court confirming the findings of the trial court confirms the defendant as tenants under the plaintiff’s in respect of the premises and entitling the respondents getting eviction of the appel..Category: Tenancy Law | Date: | Hits: 106
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....d. Under such circumstance the government settled the land with the defendant-appellants. Even though auction was held and delivery of possession was made and the respondents knew it and their prayer for setting-aside the sale was frustrated by the circle officer, the plaintiff-respondent filed this......ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ......s. Surendra Nath Falia and Others.............Respondents Judgment November 23, 1986. Civil Appeal No. 41 of 1985 The Public Demands Recovery Act, 1913 (III of 1913), section 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of sett..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
.... May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any proce......nal Attorney-General has tried to argue that the impugned order of the Sessions Judge was in fact made in his revisional power under S. 439A Cr. P.C. This section was inserted in the Code by a recent amendment conferring upon the Sessions Judge all the powers in revision which are exercised by the H......sult: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any process should have been is..Category: Criminal Law | Date: | Hits: 75
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