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Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......ct of the portion so omitted or relinquished " A Division Bench of the Calcutta High Court which considered this question on a revisional application, rejected the defendant's contention holding that the provision of sub-rule (2) could not apply when the omitted claim is set up in the ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....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." ......ntested the suit. They denied that the reversion for temporary appointment to his substantive post in his parent department amounted to reversion by way of punishment. Further, as the appellant was holding the post of E. P. C. S. (Executive) Class II temporarily there was no malafide or illegali..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....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. ...... receive money in fiduciary capacity then he could not be charged with fraudulent breach of trust by reasons of his failing to account for that money. He considered that if the partner is holding property belonging to the partnership then he is holding it as one of the partners and entit..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. 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: 36 DLR (AD) (1984) 5. ......ssession and as such the court got no further jurisdiction to entertain any objection as to execution, discharge or satisfaction of the decree. The Executing Court dismissed the Miscellaneous Case, holding, among other things, that the alleged death of the defendants was not proved by producing a..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......tered kabala dated 22 December, 1972 alleging that the vender-respondent No. 2 sold the land to the appellant, a stranger, without serving any notice upon him although he was his co-sharer in the holding by inheritance. The appellant contested the Pre-emption case alleging that no transfer took ..Category: Property Law | Date: | Hits: 122
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....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. ......Division, Dhaka in Civil Revision No. 619 of 1984 discharged the Rule by his judgment and order dated 10.7.85. 3. The suit premises is a pucca one-storied building at Municipal holding No. 62, Hajee Abdul Majid Lane, PS Sutrapur, District Dhaka consisting of four rooms. The ..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... 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. ....... 378 of 1988 the defendant-Contractor filed an application under Order VII, rule 11 (d) CPC for rejection of the plaint which was dismissed by the learned Subordinate Judge by order dated 2.3.89, holding that section 32 of the Arbitration Act was no bar to the filing of the suit. The defendant-..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... assails the presumption of the CS Khatian, a kind of exercise the Court in a simple suit for permanent injunction should ordinarily avoid. 9. By mere assertion of the plaintiff that the disputed holding originally belonged to Dinomoni the subsequent fact of exchange between Dinomoni's daughter ..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....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. ......then Scientist in charge in the Council, a charge‑sheet dated 12th June, 1982 was served upon him alleging that he was not regular in his attendance, that while working in the Council he was holding a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiv..Category: Employment/Service Law | Date: | Hits: 125
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......d in this case and that deceased used to do all misdeeds and had several enemies and he might have been killed by them. The defence also examined 4 witnesses to dislodge the evidence regarding the holding of the salish and the threat given by some of the accused persons. 6. The learned A..Category: Criminal Law | Date: | Hits: 49
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......nt and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 katha..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... held to have been satisfactorily proved by my learned brother ATM Afzal, J. The prosecution story need not travel beyond Tekerhat and beyond 4‑00/4‑30 PM of 4.1.79. 41. My first reason for holding so is that Khairul Alam's dead body was recovered not from a far-away place, but from on..Category: Criminal Law | Date: | Hits: 38
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... him a further sum of Tk. 12,000.00 but later on the accused petitioner completely denied having received any money from the complainant. The accused-petitioner thus cheated the complainant on holding out a false promise of securing a job for him and misappropriated Tk. 50,000.00 on in..Category: Criminal Law | Date: | Hits: 34
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......ions under Article 3 of PO 12 of 1972 defendant Nos. 2 and 3 did not deny the sale but they asserted that they had their ancestral homestead in the suit lands and they were co‑sharers of the holding and the suits were decreed on compromise in their absence. The case made out by defendant N..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....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. ......llowing the procedure as laid down in clause 12 of the deed of settlement had cancelled the same which it could no do. The High Court Division, however, refused to interfere with the impugned order holding that the deed of settlement was itself unauthorised because the ADC (Rev.) had not taken p..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....patni laws are silent, the provisions of the Bengal Tenancy Act will apply, simply by way of supplementing the same, subject to the paramount consideration that the land must have been let out for agricultural purposes, because if the patni lease was a lease for horticultural purposes, it would ......materially different from Pattan. Prof. Wilson in his Glossary of Judicial and Revenue Terms (1940) defines "Howala" thus, "A description of tenure in Eastern Bengal, an intermediate holding of a part of an estate, or of a farm under a Zamindar or Talukdar, to whom a stipulated po..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......s case four prosecution witnesses were examined and the remaining witnesses named in the charge‑sheet were not examined by the prosecution. The learned Sessions Judge acquitted the opposite parties holding that the prosecution failed to prove the case against the accused persons. On appeal the lea..Category: Criminal Law | Date: | Hits: 39
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......he appellants contested the prayer for temporary injunction by filing a written objection. 4. The learned Assistant Judge by order dated 19-1-88 rejected the prayer for temporary injunction holding, inter alia, that tile plaintiffs miserably failed to establish a prima facie case. On app..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......to the guilt of [lie respondent, in the absence of some other incriminating conduct of the respondent, is not sufficient to convict the respondent and as such the High Court Division was correct in holding that the case lacks in legal evidence warranting a conviction under section 302 of the Pen..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......ontention and dismissed the suit; but the appellate court, namely the Subordinate Judge, Dhaka accepted his contention, allowed the appeal and on reversing the trial Court's decision decreed the suit holding that the order of transfer was invalid as th Corporation got no jurisdiction, power or autho..Category: Employment/Service Law | Date: | Hits: 143
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