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Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
.... Misc. Case No. 110 of 1973‑74 under PO No. 88 of 1972 was illegal and without jurisdiction. In that suit the plaintiff prayed for temporary injunction. 3. The trial Court allowed the prayer for temporary injunction and on appeal the same was affirmed. In revision the learned Single......he plaintiff is directed against the judgment of the High Court Division, Jessore Bench, passed in Civil Revision No. 249 of 1985 reversing the judgments of the courts below allowing an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure. 2. The plaint......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 106
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....some documents with a list of documents. Thereafter the plaintiff filed an application praying for taking back those photo‑copies of the documents for filing the original documents. The said prayer was allowed and the original documents were subsequently filed by the plaintiff in Court. Wh...... revisional application after affirming the order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....otee, seniority over those who were directly recruited in the grade. His case was dismissed by the Tribunal's order dated 26th September, 1988. On appeal the Appellate Tribunal allowed the employee's prayer. The Bank then filed a Writ Petition No. 773 of 1989. In that petition respondents 4 to 12, t......any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....land was never partitioned between the mirashdars of ‑/12/‑ annas share and ‑/4/‑ annas share and as such although the suit for declaration of title was maintainable but the prayer for khash possession was not. Accordingly, by judgment and decree dated 19.11.64, the suit w......rrent decree of the courts below and dismissing the plaintiff’s suit, Title Suit No. 89 of 1964. 2. The said suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ms(Annexure K to the Writ Petition) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 metric tons awaiting delivery with a prayer to restrain the Collector from disposing of the said cement during the pendency of the Rule a......and law involved in the two appeals being the same, they have been heard analogously and will be disposed of by this judgment. 2. Respondent No. 1 Anis & Co. (in both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of C......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
.... for peremptory hearing of the suit. On a revisional application filed by respondent No. 1 the learned Single Judge of the High Court Division without issuing any rule on the appellant allowed the prayer of respondent No. 1 after holding "without going into the question as to whether the pe......, in the Court of Subordinate Judge, First Court, Chittagong against defendant‑respondent No. 2. On 26th November, 1986 respondent No. 1 as a third party‑petitioner filed an application for adding him as a defendant in the suit asserting inter alia that he took a sub‑lease of t......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....que who stated to him that they in furtherance of their common intention committed the murder of Zahura Khatun at about 8‑00 PM in the night following 22.3.85 while she was offering her Esha prayer. Police arrested the three accused persons and forwarded them to the Upazila Magistrate, Bam......, Barguna in Sessions Case No. 52 of 1958 convicting the three appellants under sections 302/34 of the Penal Code and sentencing appellant Nos. 1 and 2 to death and appellant No. 3 to imprisonment for life. 2. The present case arises out of a Suo motu First Information report filed by Ta......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....here was merely an oral submission made by the learned Advocate for the plaintiffs which was not only misleading but to some extent false as already indicated above. If the plaintiffs had made any prayer for examining a particular witness or witnesses in place of Manir Ahmed, the High Court Divi...... Appeal No. 343 of 1970) Judgment: ATM Afzal J: In this defendants' appeal by leave, the short question for consideration is whether the High Court Division was justified in the circumstances of the case...... decade since 12.8.77. Considering all aspects of the matters, we are of the view that the High Court Division did not act quite judiciously and properly in the circumstances of the case in remanding the suit for rehearing upon taking fresh evidence after about sixteen years. The appeal ......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....peal was heard and dismissed on 25th August, 1984. 2. Respondent No.1 filed a revisional application, Civil Revision No.773 of 1984, before the High Court Division. On 30th July, 1985 on his prayer Md. Altaf Hossain, J. of the High Court Division allowed the revisional application to go o...... MH Rahman J.- On 7th December, 1991, appellant instituted Title Suit No.874 of 1979 in the First Court of Subordinate Judge, Dhaka for specific performance of a contract for exchange of property. The suit was decreed ex parte on 1......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....on with further and detailed facts. These facts are not contradictory as alleged. The High Court Division pointed out the omissions made by the District Judge both of law and facts in considering the prayer of the Government for condonation of delay and ultimately found reasonable explanation for th......Aftab‑Hossain, Advocate‑on ‑Record ‑ For the Petitioners. B Hossain, Deputy Attorney‑General instructed by SU Chaklader, Advocate‑or‑Record ‑ For the Respondents. Civil Petition for leave to Appeal No. 16 of 1990 (From the Judgment and Order dated 9th August, 1989 passed b......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ..Category: Limitation Law | Date: | Hits: 185
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....of human beings. Subsequently Noor Ali Mollah died in the hospital on 30.9.81 Police investigated into the case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on...... under sections 302/34 and 120B of the Penal Code passed by the Additional Sessions Judge, Court No. II, Jessore in Sessions Case No. 887 of 1982, by altering the sentence of death to imprisonment for life, under sections 302/3 34 of the Penal Code. 2. PW 1 Kulsum Bibi, second wife of dec......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....fact that will be relevant for disposal of this appeal is that, appellant No. 1 lodged a First Information Report with Jagannathpur Police Station stating, inter alia, that on 6.10.89 after Magrib prayer a Milad and Waz Mahifil was held in his house and at that time he heard a sound from the eas......ted against the order of refusal of their bail by the Division Bench of the High Court Division, Dhaka in Criminal Miscellaneous Case No. 398 of 1990. 2. The short fact that will be relevant for disposal of this appeal is that, appellant No. 1 lodged a First Information Report with Jaganna......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....ment appears to have been made on behalf of the respondents disputing the correctness of the allegations made in the petitioner's application. The learned Judges, however, refused to accede to the prayer of the petitioner and made the following order on the 30th January, rejecting his applicatio.......—This appeal by special leave is against an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebasram which is an Association r......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... 7 Rule 11 of the Code of Civil Procedure. Before this objection of the appellant was heard and plaintiffs-Respondents filed an application on 8-4-67 for amendment of the plaint by substituting the prayer (a) of the plaint by a new prayer to the following effect: "(a), a decree......p;…....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Ab...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....eafter on 5-12-66 the pre-emptor, namely, the appellant filed an application under section 96(9)(c) of the Act for delivery of possession with the help of a Pleader Commissioner. The said prayer was opposed by Respondent No. 1 Ashrafun Nessa and an application purported to be under sec......tullah filed, in the 3rd Court of the Subordinate Judge, Dacca, an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for pre-emption of certain land purchased on 19-3-66 by respondent No. 2 Rehana Begum. An objectio......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....it cannot be divided but by an alternate application of it to different purposes, such as it being applied one year to the interment of the dead, ad the next year to tillage, or at one time to prayer and another time to the keeping of horses, which would be singularly abominable." ......, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration that the land in dispute formed part of a Wakf estate of which the appellant...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....able under section 10(2) (xvi) of the Act. 4. The Commissioner of Income-Tax, was however, dissatisfied with the order of the Tribunal and prayed for a reference to the High Court Dacca but prayer was rejected by the Tribunal. The Commissioner then moved the High Court under s. 66(2) of ......ce under section 66(2) of the Income-Tax Act. 2. The assessee Gulistan Cinema Co., Dacca, an unregistered firm of exhibitor of Cinema films submitted the return of income of their business for the assessment year 1960-61. They claimed deductions under section 10(2) of the Act, a sum of ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ut as regards possession he reversed the finding of trial court and held, the defendant was in possession of the land and the suit was hit by section 42 of the Specific Relief Act in the absence of a prayer for consequential relief. The first appellate court dismissed both the appeal and the cro......ond Appeal No. 1114 of 1997). Judgment Kemaluddin Hossain J.- In this appeal interpretation of some of the provisions of the Public Demands Recovery Act, 1913 are involved. Facts material for the appeal are that dispute between plaintiff appellant, Golam Hafez Mia, and defendant respon......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... of Wakf to enroll him as the Mutwalli of the said Wakf Estate claiming to be eldest son of Amir Ali Mia, the previous recorded Mutwalli. On May 3, 1967 the Commissioner of Wakfs rejected his prayer for appointment as Mutwalli on the ground that the late Md. Amir Ali Mia had filed an affid......and of good character, would become the Mutwalli. After the death of the said wakf, Amir Ali Mia became the Mutwalli. He died OH Aril 5, 1967. Five days later, on April 10, 1967 the appellant applied for enrolling himself as Mutwalli. 3. On the same day the respondent No 1, Md. Khurshed Alam, ha...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....s of sections 30 and 36 of the Act and after due consideration of the relevant provisions thereof, the High Court dismissed the appeal with costs and passed the following orders: "We allow the prayer of the plaintiffs for redemption in respect of the lands mentioned in the kot-mortgage ex......ted as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9 of Order XXXIV of the Code of Civil Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
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