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Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....ove mentioned the High Court Division erred in law in not holding that the pre-emptor had ceased to be a co-sharer and in rejecting the application for additional evidence without giving any reason. 4. Syed Ishtiaq Ahmed, Counsel for the appellants, submitted that in view of th......and municipal tax receipts, Ext. B and B (1) and another (document Ext. C which showed that two separate municipal holdings were filed by the appellants in the trial court at a very late stages the fact remains that judgment was not yet delivered by the trial court which, therefor......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....d to the provision of section 260 in the latter case." 7. Mr. T. H. Khan appearing for the judgment debtor contended that in this case no opportunity was given to the judgment-debtor for obeying any order of the court. He argued vigorously that the judgment of the High Court Division in Secon...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......e was no stay order issued by the High Court Division during the pendency of the Second Appeal. Thereafter the plaintiffs put the decree into execution being Execution Case No. 37 of 1979 and in that proceeding the plaintiffs filed the application under Order 21, rule 32 of the Code of Civil Procedu..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
.... appellant in Criminal Case No. 20 of 1982 in Rajshahi Labour Court. Facts are as follows: The appellant was the Depot-in-Charge, Bogra Sales Depot of Glaxo Bangladesh Ltd., a company incorporated in Bangladesh under the Companies Act, 1913 having its registered office at Fouzda......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......;diction of the Labour Court, Rajshahi and the Labour Court, Chittagong and the law says that exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5) Lawyers Involved: A. M. R..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....(1975) 27 DLR 170 AD; Rai Harendra Nath Chaudhury vs. Rai Sourindra Nath Chaudhury, 46 CWN 882 at p. 885; Mohinder Singn Jaggi vs. Data Ram Jagannath, AIR 1972 SC 1948; Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunil......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... for setting it aside on the ground that the amount of the counter claim is much bigger than that claimed in the plaint by the plaintiff. One of the ends of justice is to avoid multiplicity of proceeding and it cannot be a good argument for pushing the defendant to filing a separate su..Category: Civil Law | Date: | Hits: 95
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....llip;…….(13) In view of satisfactory proof of due execution of the will by the testator who executed it in full sense and by free will and volition not being influenced by any quarter, this deprivation cannot be a ground to refuse probate to the executor in terms of the ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ...... "In cases where execution of a will is shrouded in suspicion, its proof ceases to be a simple is between the plaintiff and the defendant. What, generally, is an adversary proceeding becomes in such cases a matter of the court's conscience and then the true questio..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
....ave as aforesaid was granted to consider this point. 3. Sub-rule (3) of rule 2 of Order 39 in material for the purpose of this appeal: In case of disobedience, or of breach of any such terms the Court granting an injunction may order the property of the person guilty of such...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......arned District Judge transferred the said suit to the Court of Subordinate Judge, 5th Court for disposal. On 10.2.78 an application under Order 39 rule 2(3) of the Code was filed for drawing up the proceeding against the appellant and also prayed for attachment of their property. This petition w..Category: Others | Date: | Hits: 93
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....udgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, d......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......13 C.P.C. for setting aside the ex parte decree, the learned Counsel submitted that they were completely unaware of the suit as well as the ex parte decree in question. They came to know about the proceeding from the advertisement in the newspaper for sale of the properties in question. The..Category: Property Law | Date: | Hits: 47
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....tion of the Appellate Division. Legality or illegality of the order passed by the High Court Division is a mater of no consequence when it is found that it was made without jurisdiction. Violation of any order of the Appellate Division shall be dealt with by that Division and the High Court Division......rbour Complex, Bangladesh Fishery Development Corporation, Chittagong, (though neither a plaintiff nor defendant in the suit out of which this appeal has arisen), has become involved at the appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June ......ed to answer the query, even before making his submissions on the question upon which leave was granted. He, therefore, drew our attention to the absence of jurisdiction of the High Court Division in proceeding in the manner it has determined the appeal. For, he submitted, that after this Court dire..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....ial court. 4. Mr. Abdul Hamid appearing for the complainant appellant canvassed that the cryptic order passed by the learned Magistrate cannot be said to be 'speaking order' and therefore any superior court would never, as to what impelled the learned Magistrate to pass such an order an......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... the finding and, in the case of a conviction, a brief statement of the reason thereof: (i) the sentence, of the other final order, and (j) the date on which the proceeding terminated. 264. Record in appeal able cases.- In every case tried..Category: Criminal Law | Date: | Hits: 41
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....nt Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused to another......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......nnot, therefore, succeed on the ground of limitation. 14. Mr. Sharif also submitted that the period of two years prescribed by section 8 of the Maritime Convention Act, 1911 within which a proceeding is to be commenced can be extended further by the Court in accordance with the Rule..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
.... the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for consideration.....(9) Within the scope of section 143 A, there is hardly any ground for the appellant to challenge the title of the Plaintiff………&hellip......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......he State Acquisition and Tenancy Act is meant for rectification of mistake in the entry of record-of-right and that the incidental reference to the plaintiff's title did not convert the proceeding into a title suit. The learned Judge further held that there was no complicated question..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......ng his daughter Chandana Rani Deb Nath alias Nadia Begum, from jail custody and to send here in his custody. The appellant move the High Court Division for being added as a party in the said proceeding stating, inter alia, that the said Chandana Rani Deb Nath, aged over 16 years, has embra..Category: Criminal Law | Date: | Hits: 58
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....or explanation for misappropriating fertilizer worth Tk. 32,115.85 and other charges. He was also placed under suspension according to BADC Rules. 4. Plaintiff-respondent did not file any reply to the charges, nor did he appear before the enquiry officer. The enquiry was held in his......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... writing to the letter of defendant No. 5 to open the godown failing which the lock and key of the godown to be broken in his absence. By memo No. 1 652 dated 14-7-78 defendants No. 5 drew up proceedings against him asking him to show-cause against charges of misappropriation, negligen..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....f a previous complaint, or for that matter, after discharge of the accused by a Magistrate on acceptance of the police report on the same allegation, there being no dispute that there is no bar under any law to the entertainment of a second complaint. Circumstances leading to this appeal by specia......ome useless if the Magistrate himself revives his own order. In the instant case, however, the question centres round 'dismissal' which takes place before cognizance has been taken. In this case, the stage of discharge after cognizance has not yet come. The decision of the Pakistan Supreme Court h......e Magistrate examined the complainant on oath, held an enquiry himself and took cognizance of the offence of murder and issued warrant of arrest against the accused. A petition for quashing the proceeding by the High Court under section 561A Cr.P.C. was dismissed. The contention that compl..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....d by the Court on 17.7.76 and delivery of possession of the property in suit was given by the Court on 9.11.76. Be it noted that the appellant, Government of Bangladesh did not obtain any stay order from the High Court Division after the said appeal. 6. The records show tha......the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half hearted manner.” In reversing the ju......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....ropolitan Magistrate on 5.1.1983 passed the following order:— "Seen the prayer of the petitioner. u/s 145 Cr.P.C. petitioner is directed to furnish connected papers if any from the office of S.Z.M.L.A. 9 & findings if any. To 19.1.83 for papers and hearing&rdquo......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such proceeding……………….(13) Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... Cr.P.C. the Court even Suo motu can call for the records and there is no legal bar in filing revisional application before the High Court Division by the complainant when the State does not prefer any appeal against the order of acquittal, even in "cases initiated on police report……………...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......es that the learned Sessions Judge erred in acquitting the accused respondents on consideration of questions which could be raised only in a civil suit but which are outside the ambit of the criminal proceeding for forgery. The learned Counsel further contends that the High Court Division erroneousl..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....of 1908), Order VI, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of the proceeding if it is found necessary to determine the real issues between the parti......908), Order VI, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of the proceeding if it is found necessary to determine the real issues between the parties a......I, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of the proceeding if it is found necessary to determine the real issues between the parties and if it is ..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... criminal court to be issued against the accused person.”………..(20) Power under section 561A Cr.P.C. can be exercised for the purposes specified therein, namely, (a) to give effect to any order under this Code; or (b) to prevent abuse of the process of any Court or (c) otherwise to s......pellate Division of the Supreme Court duly considered the scope of section 561A Cr.P.C. and categories of cases for quashing before the trial. So was held: “Interference even at on initial stage may be justified when the facts are so preposterous that even on the admitted facts no case ca......heating. Intention to cheat is to be gathered from the surrounding facts and circumstances…………(18) The Code of Criminal Procedure, 1898 (V of 1898) Section 561A Quashing of proceedings-When can be ordered? Once it is found that the prosecution under section 420 of..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....tus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical mistake. To go into the matter concerning its merit is beyond the......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. ......8), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical..Category: Others | Date: | Hits: 97
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