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Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....bsp; Shahabuddin Ahmed J. - These two appeals have been preferred by a private limited company against whom a proceeding for winding up, being Company Matter No. 27 of 1986 is pending before the learned Company Jud......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......ted both the prayers and directed publication of usual notices in newspapers and official gazette. 5. Syed Ishtiaq Ahmed, learned Advocate for the appellants, has drawn out attention to the plaint of the Title Suit No. 216 of 1986 in which the company and its managing director explained ..Category: Business or Commercial Law | Date: | Hits: 76
....owdhury died leaving respondent Nos. 2-6 as his heirs.
2. Appellant instituted Mortgage
Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against
respondent Nos. 2-5 for sale of the mortgage property for realisation of
mortgage dues. Permission of the Board of Reve......seding such order at any tine by a like order so as to
impose conditions on, vary the terms of, or otherwise regulate such vesting or
to vest such property in another Custodian; but the amendment, variation,
rescission or supersession of an order shall not affect anything done, ......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
..
Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....; Shahabuddin Ahmed J. - I have gone through the judgment proposed to be delivered by my learned brother, A.T.M. Afzal, J, but as I could not agree on the reasons for which acquittal of the respondents is sought to be supported I am giving my own reasons against......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......tened by the assailants that Crease any allegation were made to the authorities, they would face dire consequences. Five days later Khijir's brother (P.W.1) came to Rangpur town and filed a complaint before the Magistrate specifically naming 14 of the assailants including these six responden..Category: Criminal Law | Date: | Hits: 46
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....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......inition of the term ‘loan’ was inserted which included a guarantee. This amendment could not however, be relied on as the decision of the High Court was given before this amendment was made, Even so, the Supreme Court concluded that after the Industrial Development Bank......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
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....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......nd dismissed and that of the defendant Sufia Khanam would stand decreed. 3. Leave has been granted to consider: (i) whether the learned Single Judge is well-founded in law in directing amendment of the plaint of respondent's suit No. 532 of 1967 with a view to include a prayer for ca......nt of her title on the basis of the said sale-deed. The sale-deed has been held 'void’ all-through. Facts leading to these appeals are briefly given below. 2. In T.S. No. 532 of 1967, plaintiff-respondent, Faizun Nessa Chowdhury, an old widow, alleged that the husband of defendant-a..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
.... M.H.Rahman J.-The respondents, on behalf of the deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The pl......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ...... 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the akhara of the deity. At that time Jahna..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....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. ...... 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 suit lands. 2. Plaintiffs' case, in short, may be ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....Court Division in S.A. No. 402 of 1975. 2. Plaintiff-respondent instituted Title Suit No. 106 of 1965 in the 1st Court of SuborÂdinate Judge Mymensingh, against the defenÂdant appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh to......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......o. 2 is the wife of defendant no. 1. She applied for mutation on 11-3-58 claiming to have purchÂased the suit land on the basis of a kabala dated 9-2-57 executed by the said Sailendra Nath Basu. The plaintiff contended that since Sailendra Nath Basu had no saleable interest the said kabala was frau..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....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. ......28 of 1978 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Husain Mohammad Habibur Rahman and Mr. Justice Md. Abdul Jalil) on 21st January 1985. 2. Appellants who are plaintiffs filed O.S. No. 19 of 1977 in the 3rd court of SubordiÂnate Judge, Chittagong impleading ..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....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 ......e in possesÂsion of the suit land. Plaintiff-respondent purÂchased Jaheda Khatun's share from her heirs and also purchased the share of Subash ChanÂdra Pal on 2nd December 1978. Since his purchase plaintiff-respondent had been possesÂsing the same. Defendant No. 1 in collusion with defendant No...Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....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
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....Estate Officers as specified in the Schedule of the said Notification, to sign and verify the plaint or written stateÂment in a suit by or against the GovernÂment. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Defence, under sub-head "Military...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a NotiÂfication dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stateÂment. The Government by a NotiÂfication dated 14th December, 1955,..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....testing witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the agreement……(12) ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......is the appellant. He filed Other Suit No. 25 of 1979 in the court of SubÂordinate Judge, 1st Court, Chittagong for a decree of specific performance of contract for sale of land. It was stated in the plaint that the suit land measuring .08 sataks (4 gondas) of R.S. plot No. 397; Khatian No. 117 of M..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....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 ......Returning Officer, might be tamÂpered with at the instance of his opponent. It appears that the election-petition was filed on 8-2-84, a G.D. Entry as referred to was made on 29-3-84, a petition for amendment of the election-petition for the purpose of re-couÂnting was made on 21-4-84 and that the......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
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....rcise of his powers under section 439A of the Code of Criminal ProÂcedure. 2. The appellants were the first party in a proceeding under section 145 of the Code of Criminal Procedure. The petition for drawÂing up proceeding under section 145 of the Code was moved on 6.11.84. On the same date the......he High Court Division under section 439." This new section was inserted by OrdinaÂnce No. XLIX of 1978. It exists curiously enough part paw with section 438 Cr.P.C. while in India after such amendment and conÂferment of revisional power, section 438 enabÂling the Sessions Judge for making......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the......here in the substituted Chapter XXIII. The appelÂlants were tried without the aid of assessors. Section 4(1) of the Ordinance, however, proÂvides thus; "4. Savings.- (1) Notwithstanding any amendment made by this Ordinance in the Code of Criminal Procedure, 1898 (Act V of 1898), hereinaf...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ainst the defendants; and (l) to grant such other relief or reliefs to which the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tanga......efendant No. 2 is wholly illegal, without lawful authority, malafide, void, inoperative not binding upon the Salimabad hat and is of no legal effect; (f) & (g) (have been omitted by subsequent amendment). (h) that a decree be passed declaring TebÂaria hat as a new hat and is liable to be ......nd Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defendant claimed the right to sit on Tuesdays and Fridays of the week. ..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....d Rangpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is avaiÂlable to a person for challenging the order passed by......ourt Division, as it would appear from the judgments in these appeals, have led to confusion among the litigant public which required uniform interpretation of law on this point. 2. Before the amendment of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983) the ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....tan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-responÂdent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......al is allowed. Plaintiff-responÂdent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declaration that the plaintiff is the only son of late Amir Ali Mia, Mutwalli of Salamat Mia Wakf EsÂtate of Rajshahi an..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
.... 1967. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition.......n order containing a declaration on a point which was nod before the Court at all." In that case, the question was whether cerÂtain property was included in the decree. The Court allowed the amendment by saying: "Therefore, in my opinion, we ought to strike out from the order as pa......nd since purÂchase he is in possession thereof by paying rent to the landlord. He further contended that the second schedule of the land of the written-statement was taken by settlement from Tarani, plaintiff No, 6. On the basis of such purchase and settlement he is in posseÂssion of the suit land..Category: Property Law | Date: | Hits: 48
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