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S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....brought this appeal by special leave with a prayer that the criminal proceedings against them, under various sections of the Penal Code including ss. 436 and 148, be quashed on the grounds that the land in question has been in their possession in respect of which a Civil Court had passed temporary......ssed. The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes th...... the High Court Division, Dhaka Bench, in Criminal Revision Case No. 225 of 1984). Judgment Shahabuddin Ahmed J.- Accused-petitioners have brought this appeal by special leave with a prayer that the criminal proceedings against them, under various sections of the Penal Code including ss. ......smissed. The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who tak..Category: Criminal Law | Date: | Hits: 39
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....judicata. 3. Plaintiffs are the appellants. They filed the suit being O.C. Suit No. 136/1965/13/1966 in the Court of Subordinate Judge, 4th Court, Mymensingh for declaration of title to the suit land. Their case in short was that they took lease of the suit land from the Jamindar and relied on ......ismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso to section 42 of the Specific Relief Act (for want of future relief) but becau.............Respondents Judgment April 16, 1989. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso......Judgment April 16, 1989. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso to section 42 of the ..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....er 12, 1988. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation......8. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaint......908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the advocate commis...... The Code of Civil Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 wi..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....ion of the suit homestead from some co-sharers of the plaintiffs. Their case, in brief, is that the two brothers Hadu Shah and Nadu Shah took lease of southern half of the disputed homestead from the landlords. Subsequently Nadu Shah atone took lease of the northern half. Hadu Shah got 1/4th and Nad......ition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous possession since purchase would be of no consequence. Unless there is a partition by, ”mets and bounds” the right of a......tead in the suit and also prayed for purchasing the share of defendant No. 1, a stranger-purchaser of a portion of the suit homestead from some co-sharers of the plaintiffs. Their case, in brief, is that the two brothers Hadu Shah and Nadu Shah took lease of southern half of the disputed homestead f......ction 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous p..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division gave good reason ......f the charge under sections 302/34 Penal Code. 2. Respondent and two others were put on trial in the Second Court of Additional Sessions Judge, Sylhet on the aforesaid charge on the allegations that at about 8-30 p.m. on 31-7-76 the respondents called away deceased Motahar from his house and ..........Respondents Judgment June 11, 1987. Result: The petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....on with Siraj. Again, Salam had adopted, as son, one Anwarul Islam and allowed him to live in his house so long he was alive, a fact admitted by most of the witnesses. Salam had gifted 3 1/2 kanis of land to Anwarul Islam, and P.W.6 himself admitted that out of 10 kanis of land left by Salam. 3 1/......t vitiating the order of acquittal. All the 'epithets' found in the first paragraph of the Privy Council judgment quoted above are attributable to the trial court judgment and the order of acquittal was liable to be interfered with………………(41) The Evidence Act, 1872 (I of 1872), section......cedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causalities in the judgment of the trial court vitiating the order......ed in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....es to the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be deemed to be tenant holding directly under the landl......he appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(3) The only question is when the section is applicable. It can come into operation only if the tenant has not only sub-let but also transferred such commercial undertaking together with the premises to t......is when the section is applicable. It can come into operation only if the tenant has not only sub-let but also transferred such commercial undertaking together with the premises to the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue...... the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be deemed to be tenant holding directly under the landlord o..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....ely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On appellants own showing he has made a transfer of land apparently before his own settlement was completed. Thus he having parted with the land under p......J Belayet Hossain.......................Plaintiff-Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because h......Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because his settlement has been cancelled. The question will a...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Belayet Hossain.......................Plaintiff-Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunction ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
...., briefly, are that the plaintiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged to one Jamini Kanta Sen who ......endant-Respondents Judgment June 6, 1989. Result: Tthe appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the a......ef was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal of the record that the minor respondents had no subsisting interest in the suit property and as such there was no n...... June 6, 1989. Result: Tthe appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on ..Category: Property Law | Date: | Hits: 85
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
..... The case was started on a complaint petition filed before the Upazila Magistrate, Shibganj on 31.8.86. Complainant-respondent alleged that on 26.8.86 the appellants and others trespassed into his land, damaged paddy by ploughing and on protest committed rioting with fala, knife, etc. and injured.........................Respondents Judgment July 21, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying dec......has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial commences. Lawyers Involved: Abu Nasar ...... Judgment July 21, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehensio..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ode, 1860 (XLV of 1860), section 99 Though victim Afzal was restrained by an order of injunction at the instance of the appellant Mir Ali but he violated the said order by sowing ‘kaun’ in the land and after two months appellant went to plough the land to destroy the crop. Right of private de......6, 1988. Result: The appeal of appellant No. 5 is dismissed, but that of the others is allowed in part. The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 and 324 The facts of this case do not permit an inference that the appellants shared a common intention to commit the murder. T..................................Appellants Vs. The State.................................Respondents Judgment December 6, 1988. Result: The appeal of appellant No. 5 is dismissed, but that of the others is allowed in part. The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 an......hat the appellants shared a common intention to commit the murder. There is no evidence that there was any common intention of the appellants to murder the deceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately be..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....m Miscellaneous Case No.29 of 1976 of the Second Court of Munsif, Noakhali, which was filed by the respondents under section 96 of the State Acquisition and Tenancy Act. They claimed pre-emption of a land transferred by a kabala dated 18 November 1975, by their co-sharer, Opposite Party No. 4 in t......is a serious defect of party. It is violation of mandatory provision of section 96 of the State Acquisition and Tenancy Act, disentitling the petitioner to get pre-emption for defect of party in the case pointed out at the earliest opportunity……………(6) Lawyers Involved: M. H. Khondka......spondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-shar......allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a serious defect of party. It is vi..Category: Property Law | Date: | Hits: 36
.... rule 17 of the Code of Civil Procedure and on the judicial authorities propounding the principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying for permanen......igh School & others………….Appellants
Vs.
Obaidur Rahman Chowdhury & others………….Respondents
Judgment
February 8, 1978.
Result:
The appeal is dismissed.
Cases Referred To-
Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji......ittagong, was done on correct principle as provided in Order 6, rule 17 of the Code of Civil Procedure and on the judicial authorities propounding the principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Com.......
Cases Referred To-
Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468.
Lawyers Involved:
T.H. Khan, Senior Advocate, with Formanulla..
Category: Property Law | Date: | Hits: 36
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....against the judgment of a Bench of the High Court in a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rah......d ABM Husain CJ Kemaluddin Hossain J Fazle Munim J Syed Ahmed Molla………….Appellant Vs. Halima Begum and others..............Respondents Judgment March 8, 1977. Cases Referred To- Joychand Lal Babu Vs. Kamalakasba Chowdhury & others, 53 CWN (PC) 552; N.S......cation at the instance of the appellant was subsequently treated to be an application for pre-emption under section 24 of the East Bengal Non-Agricultural Tenancy Act. 2. The appellant alleged that he is a co-sharer by purchase in the holding recorded in C.S. khatian No.39 which corresponds to...... Vs. The Hindu Religions Endowments Board, Madras, 53 CWN (PC) 458; Ramjan Khan @ Ramjan Ali Khan Vs. Obaidul Huq Chowdhury & others, 28 DLR (AD) 57. Lawyers Involved: M.H. Khandokar, Senior Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Appellant. S.R. Pal, Senior ..Category: Property Law | Date: | Hits: 33
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......77) Judgment March 22, 1978. Lawyers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-Ge......ar and Criminal Appeal No.9 of 1976 was preferred by the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘hat’ in the afternoon of January 11, 1973. He was proceeding by the bank of Habiganj river and was......amp; others…………..Respondent (In Criminal Appeal No. 9 of 1977) Judgment March 22, 1978. Lawyers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respo..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....ditional Subordinate Judge, Noakhali being Miscellaneous case No. 6 of 1970, stating inter alia that the respondent Nos. 3 and 4 by a registered kabala dated 28th August 1969 transferred .34 acres of land of plot No.1594; .07 acres of land of plot No. 1596; 3.9 acres of land of plot No.1601; 2.98 ac......n Hossain CJ Fazle Munim J Rahul Islam J Akhtarun Nessa and another.............Appellant Vs. Habibullah and others……..…..Respondents Judgment February 6, 1980. Cases Referred to- Makhanlal Nag Vs. Reajaddin Sepal (1961) 13 DLR 323; Syed Abdul Karim Vs. Hare...... Guljan Bibi (1974) 26 DLR 93; Motilal Sikder Vs. Binodin Das (1976) 28 DLR (AD) 5; Behari Lal Roy Vs. Pullin Behari Paul, 38 CWN 654; Surabala Basu Vs. Rukmini Kanta Barman Roy, 42 CWN 288; Monoran Chatterjee Vs. Pavari Mohan, 43 CWN 220; Srimati Monkushi Das Vs. Abdus Sobhan Mia and others (1977) ......ddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra Chandra Saha Vs. Debendra Chandra Saha (1965) 17 DLR 618; Mosammat Asimon Nessa Vs. Md. Akbar Ali Sheikh (1967) 19 DLR 639; Ruhul Amin Mestory Vs. Fazar Banu (1969) 21 DLR 647; Serajuddin Ahmed Vs. Sadar Ali (1970) 22 DLR 64; Tamijuddin Ah..Category: Property Law | Date: | Hits: 32
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....t of detention, specific provision of a positive law providing for such detention on its being satisfied as to the existence of certain circumstances authorising such detention. When the law of the land confers a power upon a certain authority to detain a person on being satisfied as to the existe......Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, 1977. Cases Referred To- Abdul Baqi Baluch Vs. Pakistan, (1968) 20 DLR (SC) 249; Government of West Pak......al. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..................Respondents Judgment September 2, 1977. Cases Referred To- Abdul Baqi Baluch Vs. Pakistan, (1968) 20 DLR (SC) 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC) 1; PLD 1969 (SC) 14; Government of East Pakistan Vs. Rowshan Bi..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... Kemaluddin Hossain J Fazle Munim J Moyezuddin and another................Appellants Vs. The State................................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers In......f the Appellants under section 326/34 of the Penal Code could be sustained, as the evidence of three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been relied upon and that the confession of co-accused Alo could not be used against the Appellants as it is without indep......977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury,..Category: Criminal Law | Date: | Hits: 41
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....rator Dacca in Arbitration Case No.158 of 1967 arising out of L.A. Case No. 138 of 1961-62. 2. Short point for our consideration is as to whether in view of the fact that since the acquisition of land was made under section 93A of the Town Improvement Act, 1953 which does not provide for appea......n Hossain CJ Ruhul Islam J KM Subhan J Bangladesh.........Appellant Vs. Moslem Mia..........Respondent. Judgment March 16, 1978. Result: The appeal is dismissed. Case Referred to- Superintendent of Central Excise, Lyallpur Vs. Ch, Fakir Muhammad (1958)10 ......onal District Judge and Arbitrator Dacca in Arbitration Case No.158 of 1967 arising out of L.A. Case No. 138 of 1961-62. 2. Short point for our consideration is as to whether in view of the fact that since the acquisition of land was made under section 93A of the Town Improvement Act, 1953 whi...... appeal is dismissed. Case Referred to- Superintendent of Central Excise, Lyallpur Vs. Ch, Fakir Muhammad (1958)10 DLR (SC) 168. Lawyers Involved: Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For..Category: Procedural Law | Date: | Hits: 101
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....the Court of Senior Assistant Judge, Lalmonirhat Sadar impleading the petitioner as pre-emptee opposite party and opposite party Nos. 2-23 as other opposite parties for preemption of the case land under section 96 of the State Acquisition and Tenancy Act stating, inter alia, that the pre-em......; Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) Judgment ...... against the judgment and order dated 17.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 2542 of 2000 discharging the Rule. 3. Short facts are that the Opposite Party No. 1 instituted Miscellaneous Case No.2 of 1988 in the Court of Senior Ass......ner Vs. Md. Nazir Hossain Patwary & others ...................Respondents Judgment May 8, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the petitioner &nb..Category: Property Law | Date: | Hits: 35
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