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Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....ition was filed in 1959 which is beyond 5 years so as to be hit by time limit mentioned in Article 182. 4. Dr. Kamal Hossain appearing for the respondents fairly placed that in any case the case is hit by limitation even though the outside period mentioned in section 48......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d specified in section 48. It was considered that the judgment debtor is under no obligation to establish that the earlier petition was out of time. It is enough for him to show that the execution proceeding which was the subject matter of enquiry is hit by section 48 C.P.C. 6. In Lalji ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....hat case pre-emption of the transfer made under a registered 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 conte...... 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. ......of parties to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in a proceeding for pre-emption……………..(5) Power of revision under section 115(1) C.P.C..Category: Property Law | Date: | Hits: 122
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....Memo No. 1809/4(4) dated 2.8.78 the Government of Bangladesh in the Ministry of Communications, Roads and Highways entered into an agreement with Contractor KM Shafi Limited, a Private Limited Company (respondent in all the three appeals) for providing average 2-1/2 thick compacted premixed bitu...... 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. ......erintending Engineer. There is no determination of any sum payable to the Contractor and there is no direction either to pay any sum to the Contractor. The Memo does not reveal that any arbitration proceeding was held, any witness was examined, any cross‑examination took place, any document..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....done as an official act, without considering that the proceeding was initiated at the instance of a private party and if it was concluded without serving notice on necessary parties it would not have any legal effect. In view of the above, the judgment and decree of the High Court Division are se......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. ...... this finding of fact of the last court of fact without considering the oral evidence in the case. It did not consider that there was nothing on record to show that notice with regard to the mutation proceeding was served on Lalit Chandra. The plaintiff got the rent receipts on the basis of that mut..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....by appellant NO. 2, the Chairman, Bangladesh Council of Scientific and Industrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case is that since his joi......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. ......hree years of the submission of the charge sheet smacked of malafide on the part of the authority. 7. Leave was granted to consider all the three points and, further, to examine whether the proceeding against the respondent was taken and completed in compliance with the time‑frame e..Category: Employment/Service Law | Date: | Hits: 125
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....hance to the plaintiffs to relay the suit land for ascertaining whether the same is covered by the land of the kabuliyats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz, a certified......prepared and placed before us by the appellants for substantiating their title to or possession in the suit land. 13. Finding it difficult to pursue his contention as to Wajibul Arz at this stage the learned counsel for the appellants submits that the case be remanded to the trial Court ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....deration of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds i......eral appearing for the State has, however, tried to support the impugned order. 8. It is well‑settled that the High Court Division will be loath to stifle a prosecution at the initial stage of the proceeding unless the facts of the case are apparently and clearly such as would attra......ivision, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgment: ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... passed in favour of the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead bod......nsideration to the argument of the learned Additional Attorney‑General. 31. There is absolutely no material on record to show that anybody, including the parents of the victim boy, had at any stage expressed any suspicion that the respondents might have had any evil motive in calling out and...... 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. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....ourt, Chittagong against the respondents. Respondent No. 1, Central Inland Water Transport Corporation Limited, defendant No. 2 in the suit, entered appearance on 28th November, 1980 and filed as many as eight applications for time for filing written statement. The last application for time, fil......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......Main Kamal Din Vs. Malik Muhammad Bashir, PLD 1952 Lahore 456 wherein it was held that once a party receives intimation of an action it is for him to pursue it and to keep himself in touch with the proceedings, either personally or through his counsel. 5. It is contended that the High Cou..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....ad‑interim injunction was subsisting till 18.11.87. It may be noted that the suit land in TS No. 502 of 1987 was described in terms of industrial plot No. 170 (north). There was no mention of any corresponding CS plot number. It was further stated in the written statement that the first pa...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......udgment: Mustafa Kamal J.-his appeal by leave is by the first party Samirun Nessa arising out of a proceeding under section 145 of the Code of Criminal Procedure, shortly the Code challenging the ju..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....to secure for him a highly-paid job in Abu Dhabi. In February 1990 the complainant paid 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 ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......bsp; Mustafa Kamal J.- Division Bench of the High Court Division, Dhaka by the impugned judgment summarily rejected the accused-petitioner's application under section 561A Cr.P.C. for quashing the proceeding of Criminal Case No. 22(CR) of 1991 under sections 406 and 420 of the Penal Code pending..Category: Criminal Law | Date: | Hits: 34
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....But the Relief Commissioner could not grant the necessary permission as war already broke out between India and Pakistan on 6 September, 1965; the Relief Commissioner expressed his inability to do anything in the matter and asked the appellants to apply to the Deputy Commissioner, Dhaka, which t......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. ......and then in Bangladesh and continuing as the owner of the disputed property. 20. It maybe observed that from the position taken by responded Nos. 4 and 5 before the authorities and in this proceeding it follows that the property in question did not vest in the Government at any time eith..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... Most. Sharifjan Bibi and others.......................Plaintiff –Respondents Judgment June 24, 1990. Cases Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 C......mption of regularity as to official act should more appropriately be drawn in favour of the plaintiffs when the defendants have not admittedly taken any step for correction of the RS Record at any stage. 10. The impugned judgment of the High Court. Division is seen to be merely a paraphra......uot;Certified that the lands in this plan were duly acquired under the provisions of the Land Acquisition Act, 1 of 1894, and under declaration no…………..of the and in proceedings no…..of 19…and that they were made over by A, B on the…..on behalf ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....hut of her husband bearing marks of multiple injuries. PW 1 Sahiruddin went to the thana to lodge the FIR, but the police officer refused to record the same on the plea that the informant did not see anyone to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Pol......er section 342 of the Code of Criminal Procedure before the trial Judge but this was suggested to the prosecution witnesses which they all denied. This was indeed taken by the respondent at the early stage of the trial and unfortunately the burden of proving this alibi undoubtedly lay on the respond......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. ..Category: Criminal Law | Date: | Hits: 49
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....as mere abettors, saying that on their orders Anwar and Sultan dealt the fatal lathi blows on Majid. Again, though he mentioned all the 15 accused as assailants in his deposition, he did not mention any of them in his first information report except the four, accused-appellants namely, Shahjahan,......olice who held inquest upon the dead body shows that there was no relation of the deceased to identify the dead body to him. It appears that names of the appellants were collected at a much later stage, out of suspicion, because probably of grudge against the appellants and their relations w......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ment in Sessions Case No.4 of 1988 (in which the trial is almost complete) may be withheld until conclusion of trial of case No. 5 of 1987. 9. It may be observed at the outset that there cannot be any objection in law to the two cases being heard by separate judges but it has been held in many de......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......discharge. Being aggrieved by the order of discharge appellant. No. 2 Amir Hossain Miji (informant) moved the High Court Division and obtained a rule sometime in the middle of March 1988. Further proceeding of Sessions Case No.5 of 1987 has been stayed in consequence of the said rule which is pe..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....dant then obtained leave to appeal from the judgment of the High Court Division contending that the trial court's finding that the plaintiffs are landlord of the defendant is perverse, unsupported by any evidence and that there is also no basis for the finding that the defendant paid rent to the pla......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......n is concerned, a mere trustee for him, there is no reason why an action cannot be maintained in the name of the benamdar in respect of the property although the beneficial owner is no party to it, a proceeding by or against the be-named being in its ultimate result fully binding on the beneficial o..Category: Tenancy Law | Date: | Hits: 106
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... out of '90 acre of land of Plot No.333 belonged to Ananda Chandra Majumder who sold the same to Krishna Kumar Dey, Kamini Kumar Dey, Jamini Kumar Dey and Nalani Kumar Dey. Krishna Kumar died without any issue leaving three brothers and widow Saudamini who jointly sold the said land to Monoroma who ......ner's title could not be said to have been established. The decision of the trial Court was upheld by the appellate Court. 8. On behalf of the respondent it is contended that at the appellate stage the pre-emptor filed two other registered documents showing devolution of the disputed plot by...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....s.............Respondents Judgment November 23, 1986. Civil Appeal No. 41 of 1985 The Public Demands Recovery Act, 1913 (III of 1913), section 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of setting-aside the auction sale. The res......ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ......(a) if instituted more than one year from the date on which possession of the property was delivered to the purchaser, or (b) if the certificate-debtor has made appearance in the certificate proceeding, or has applied to the Certificate-officer under section 22 or section 23 to set asid..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
.... April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI In a decree of partition, decree-holders are not liable to pay any compensation for demolition of a part of the building which fell to their saham. Function of the......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
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