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Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document produced ......tment of, any offence specified in sub-clause (i) or sub-clause (ii) except on the complaint in writing of that court or of some other court to which that court is subordinate." From the aforesaid amendment it is reasonable to infer that the legislative intent has always been to make the provisio......ly puts a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document pr..Category: Criminal Law | Date: | Hits: 63
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....ons was served upon him. This claim was not backed by him by adducing evidence in court as against the process -server's report and the evidence of the plaintiff; As such this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumsta......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this onus is found to have been fully discharged as the process server submi..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....cquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from payment of rent is unacceptable as because all the l...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......ion that the assessment of rent under the provisions of the State Acquisition and Tenancy Act, 1950 in respect of the Schedule land is without jurisdiction and in violation of the agreement between plaintiff and defendant - Government. Plaintiff also prayed for refund of Tk. 95, 0007- paid by the ..Category: Property Law | Date: | Hits: 47
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.... day with intensive scrutiny. The parties confronted with application on objection in respect of particular ballot papers and those were met. So, it is not possible that a valid ballot paper was left for counting in favour of either party. So, even though it is unfortunate that the decision in the c......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......he above circumstances and facts the recounting by the Tribunal is not illegal and irregular, since the counting of the votes by the presiding officers were challenged and allegations made in the plaint".(Election Tribunal). 10. The District Judge in appeal found: "Thus from the state..Category: Election Law | Date: | Hits: 106
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
..................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inception. Conside...... that right could not be claimed as a right in gross and could not prevent the defendants from improving their properly. Their Lordships upheld the decrees of the subordinate Courts but directed an amendment to the effect that they were not to prevent the defendants or their successors in title ......end or even disallow a right based on a custom that was otherwise reasonable at its inception, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the plaintiffs a fluctuating body of persons were used to graze their cattle on the low waste, land only..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....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 ......the point can be decided since important point of law has been raised on status and reliance was placed on 32 DLR (HCD) 187. The learned Judge noticed that 32 DLR 187 based its decision on Indian amendments of 1956. These amendments have not been made in the Succession Act in Bangladesh. The D........................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defendant both took the position that Hindu law is applicable in their case. A cou..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
.... 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
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....m in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admission in the plaint of the former suit, this matter should be remanded to the trial court to decide on evidence to ascertain id......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......g dead his heirs Shazu Bia & Ors..... ............................Respondents Judgment July 26, 1987. The Evidence Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded ..Category: Property Law | Date: | Hits: 36
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
.... 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 respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......interest of respondent Nos. 1(ka) to 1(chha) filed partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of the plaint. Hajrat Ali, predecessor-in-int..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....zle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for recovery of khas possession of the suit premises after rejecting the defendant- appellant and fo......hief Justice. Order of the Court. By the 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) 89 ......peal No.79 of 1980 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for reco..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....rd, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took deliver) of possession through court on 27th May, 1951 in execution of a decree for eviction, passed in that suit. 3. Thereafter the plaintiff possessed the suit land through ad......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. .......................Respondents Judgment February 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants en..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....ivil Revision No. 720 of 1984 reversing the concurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he pray......e Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he prayed for permanent injunction. 3. The trial court dismissed the suit......t Judgment July 7, 1987. Result: The appeal is allowed. The Registration Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defend..Category: Property Law | Date: | Hits: 118
....right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, accepted in violation of the conditions of the tender forum. The appellant had submitted tender on 18 December, 1986 and claimed that his tender was the h...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......rom the judgment and order dated 1-7-87 passed by the High Court Division, Chittagong Sessions, in Civil Revision Nos. 117 and 139 of 1987.)
Judgement
Shahabuddin Ahmed J. - This appeal by the plaintiff is directed against the High Court Division's order in revision refusing temporary injunct..
Category: Business or Commercial Law | Date: | Hits: 95
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....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 ......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 moment it is found that the plaintiff is a worker; he is non-suited, because his suit is not maintainable and his grievance ly..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....mergency Provisions) (Repeal) (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini c......cute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of transfer available to him on and from 2.1.65 which was conferred by amendment. In Ordinance No. 93 of 1976 power was given to the Government to dispose of the property ...... would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnalini died on 12.6.64 leaving respondent Asim Kumar Basu as her heir. The plaintiff’s case was that he approached Hemnalini during her life time for execution of the deed a..Category: Property Law | Date: | Hits: 47
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....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. ...... above circumstances and facts the recounting by the Tribunal is not illegal and irregular, since the counting of the votes by the presiding officers were challenged and allegations made in the plaint". (Election Tribunal) 10. The District Judge in appeal found: ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... plaintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the plaintiff was constrained to file this suit for declaration of title and khas possessions. 3. Defendant-1 Appellant contested the suit ......hat they knew about Radha Parasanna's settlement from Nabin Chandra at the time of exchange and they had obtained the Pattani dakhilas at that time. The learned Subordinate Judge viewed the belated amendment of the plaint with shrewd suspicion and upon an intelligent analysis of the evidence and ......the High Court Division (Jessore Bench) in Second Appeal setting aside the judgment and decree of the court of appeal below and restoring those of the trial court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....eptember 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advo......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......ur of her daughter Maleka Khatun on 17th April 1980 when the appellants asked him to remove his structure from plot No. 404. 4. Appellant Nos. 1 and 2 denied the material allegations in the plaint contending, inter alia, that the pre-emptor was not a co-sharer in the disputed holding as i..Category: Property Law | Date: | Hits: 48
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....M. H. Rahman J. - This appeal by leave is at the instance of defendant Nos. 2 and 5. 2. Respondent No.1, Han Mohan Das, filed Title Suit No. 45 of 1972 in the 1st Court of Munsif, Madaripur for specific performance of the contract, the defendants alleged to have entered with him on 10th ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......rote the agreement to sell at the direction of the defendants. Defendants 1-3 signed the document and defendant Nos. 5 and 6 put their left thumb impressions on receiving Rs. 4, 000/- from the plaintiff. Defendant No. 5 put the left thumb impression on her behalf, and en behalf of her m..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....tion raised in this appeal by special leave is whether section 35A of the Court Fees Act, 1870, has become inoperative, ineffective and infructuous in view of the substitution of Schedule I of 1981 for Schedule I of 1960 of the said Act. In other words, whether the High Court Division has correctl...... as such, this Schedule has been referred to in this judgment as Schedule I of 1960. 4. It may be mentioned here that Schedules I and II of the Act have been substituted on several occasions by amendments of the Act both by the Central and Provincial Legislatures. The Act was enacted by the Ce......- in any case. It will be seen that schedule I as it stood (Schedule of 1960) at the introduction of sect on 35A in 1962 (by Ordinance LII of 1962) also provided that "the maximum fee leviable on a plaint or memorandum of appeal shall be fifteen thousand taka". The limit was thus there from before..Category: Procedural Law | Date: | Hits: 124
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