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Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......9 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff filed Family Court Suit No. 100 of 1998 under section 25 of Guardian and Wards Act, 1890 against the defendant for custody of his two minor sons. The plaintiff married the defendant on 14.12.1988 and in the wed......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ......n her custody but the suit was dismissed. The defendant's further contention is that she has means to maintain her two sons and hence the present suit is liable to be dismissed. 4. The trial court in consideration of the materials on record decreed the suit and the court of appeal af..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......iled under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the appellants and made over possession of the land and t......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ...... usufructuary mortgage the suit filed by the plaintiff respondent Nos. 1 to 3 and " others with prayer for treating the said deed as a usufructuary mortgage is barred by res judicata and the trial court committed error in not rejecting the plaint of the suit and the High Court Division in ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... Vs Khalilur Rahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the g......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......artition suit, namely, T.S. No.21 of 1965, has been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court namely, the Second Court of Subordinate Judge, Barisal, on 8 July 1967. But on appeal t..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......llip;………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidence on this point only……………….......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......;……………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidence on this point only…………&hell..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....r otherwise. 3 The plaintiff's case, in brief, is that the suit land along with other lands belonged to defendant Nos.1 and 2 and Promode Nath Sen, the father of defendant No.3, in Mourashi Maliki right and they were in exclusive possession of the same. In 1963, these three persons proposed to se......current decisions of the Court below. 2. The appellant, as plaintiff, instituted Title Suit No.602 of 1974 in the Court of Munsif, 1stCourt, Sadar, Sylhet against the defendant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restrai......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172....... a question of fact and the High Court Division is not to interfere with the conclusion of the First Appellate Court on such question…………………(20) Concurrent findings of facts by the trial Court and the First Appellate Court are binding upon the High Court Division in Second Appea..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....cquisition and Tenancy Act is the question of possession. Whatever may be the defect in title, if it is found that the appellants, have been possessing the case land when the record of right was prepared, they are entitled to have their names recorded…………&......ka Bench, in Civil Revision Case No.150 of 1980. 2. Rajab Ali and Ajitullah, predecessors of the present appellants filed Miscellaneous Case No. 36 of 1974, in the Court of Munsif, Sherpur, for correction of the record of right under section 143A of the State Acquisition and Tenancy Act. ......annath Dev Bigraha but they stopped delivering the crops to the deity. It was further contended that after the death of Haridas Bairagi, the respondents and their predecessors managed the affairs of the deity as defacto Shebait and the case land was correctly recorded in the name of the D......for more than 12 years and as such they have acquired a good right, title and interest in the case land. 5. On appeal, the learned Subordinate Judge, Mymensingh, affirmed the decision of the trial Court observing that whatever may be the defect with the Exts.1-2, the appellants have ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....umbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. XI of 1859). Section 37 of the Act providing the right of the purchaser of such as estate including the right to annul all encumbrances. Section 37 ......engal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......i right, confirmation of possession and injunction and also for declaration that the relevant C.S. Khatians in favour of the defendants are wrong and without any basis. The suit was decreed by the trial Court by its judgment dated 30 September 1963; on appeal by the defendants, the trial Court's..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... the plaintiff, on the finding that the, defendant 2 will not be bound by the fraud if committed by his vendor defendant No.1 and the defendant No. 2 is a bonafide purchaser and therefore acquired right in the property. 5. The plaintiff thereafter filed appeal before the appellate court b......of such registration……………(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the stren......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......strar Office purposely included a fictitious plot being Plot No.580 of Mouza Nanakpur under P.S. Kashiani and for the purpose of registration of the kabala, it was done deliberately. 4. The trial court though found that the Ext. A was a fictitious kabala inasmuch as it included a non-exi..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....on 17 (regarding deposit of the dues or furnishing security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court rejecting the application under Order...... Court of Subordinate Judge, Dinajpur, seeking ejectment of the appellant, a monthly tenant in respect of the premises in question, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjournments, on 27 May 1982, but as the defendant was found ab......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court rejecting the application under Order IX, rule 13 C.P.C …………………..(5) C..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....ent events corroborating the evidence of P.W.2. P.W.8, Mozaharul Huq is a doctor who performed the post mortem examination of the deceased. He found one penetrating wound 2½"X2” chest deep on the right upper chest. In his statement under section 342 Cr.P.C. which accused did not take any special......ittal passed by the High Court Division not being based on cogent reasons, acquittal on benefit of doubt given by the High Court Division is set aside and the appellant is sentenced to transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64;...... transportation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: ......est of the dead body which was sent for postmortem examination. Police arrested the accused and after completion of their investigation submitted charge sheet against him. 3. The trial court considered the evidence of the 11 P.Ws. and the learned Sessions judge considered the ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....en the tenant failed to pay rent thereof. By serving a notice under section 87 of the Bengal Tenancy Act, 1885 the landlord can enter into the land and take possession. The tenant, of course, has a right of recovery of the land by filing a suit within two years from the date of the notice. ......ds' right to enter upon the holding under section 87(1) does not depend upon Collector's discretion. But if the landlord enters upon the holding by serving a notice, the raiyat may file a suit for recovery of possession of the land at any time not later than expiration of two years from the ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......ary Rent Roll. Their further case is that though the plaintiffs had served notice under section 87 of the B.T. Act for taking khas possession the Collector did not accept their claim. 4. The trial Court on evidence found that Priyabala did not abandon the holding and the plaintiffs did no..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....984.) Judgment Badrul Haider Chowdhury J. — In this petition for special leave the question is whether the High Court Division was right in holding that the suit instituted by the plaintiff’s petitioners is barred by law and th......Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 ...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ty for a public purpose and section 44 barring the jurisdiction of a Civil Court comes into play, there is no hesitation in saying that the High Court Division had correctly restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-10-1984 from t..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....d above and Civil Appeal No.64 of 1982 was filed by the Bangladesh Water Development Board. 6. The point involved in Civil Appeal Nos. 63 and 65 of 1982 was whether the High Court Division was right in maintaining the trial court's order of appointment of the Receiver. 7. After hearing t......ure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this powe......ther hand who, as it appears, were led, by the younger brother, Mahbubur Rahman Sikder in sum and substance the dispute showed the conflicting claims, regarding the management of the business and affairs of the firm. Mujibur Rahman Sikder, Managing partner of the firm, claimed that he has been run......unction restraining Mahbubur Rahman Sikder and the other partners of the firm from proceeding with Title Suit No. 371 of 1980. The suits were heard together and by his order dated June 13, 1981 the trial court allowed the plaintiffs prayer for appointment of a receiver and rejected the prayer of d..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....being jointly tried with him then the confession by itself being merely a matter to be taken into consideration, and not having the quality of evidence against the co-accused it could rightly be held in law that the conviction of the latter could not be sustained on the confessio...... whether there is any circumstantial evidence to corroborate the retracted confession of a co-accused on the basis of which these four appellants have been convicted and sentenced to transportation for life under section 302/34 of the Penal Code, keeping in view the legal position that the state......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......13 January 1979, investigated the case and submitted charge-sheet against six persons including Sattar Mir and Amir Hossain charging them with the murder. In due course all of them were put on trial before the learned Additional Sessions judge, who after rejecting the defence plea of innoce..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....sdiction to try the case. In the case of Kuppuswamy Naidu 24 Criminal Law Journal, a Division Bench of the Madras High Court observed: "Under the Madras Abkari Act, the accused person has the right to a special procedure regulating the course of investigation and from the moment the suspec...... Drug Control Ordinance, 1982 are to be tried by the Special Tribunal set up under the Ordinance. A Court of Magistrate is incompetent to take cognizance and try such offences. Proceeding before the Upazilla Magistrate was without Jurisdiction as special procedures provided for investigat......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ...... as to why the Kushtia Police Station Case No.19 (6) 84 S.G R. No. 3 of 1984 pending in the Court of Upazila Magistrate, should not be withdrawn and transferred the same to Drug Court at Dhaka for trial and disposal and pass such other or further order or orders as may be seem fit and proper. ..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n 29 March, 1927 one Sarada Kripa Lala sold the suit properties to Dr. Beni Mohan Das who mortgaged them to the plaintiff-Bank on 31 March, 1927 for Tk. 75.000/- only and the latter transferred his rights, title and interest in the suit properties to Rangapani Tea Co. Ltd. Without mentioning......o take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......High Court decreed the suit. An appeal, being Appeal No.11 of 1967, was filed by the petitioner before a Division-Bench of the Dhaka High Court which allowed the appeal upon setting aside the trial court's judgment and decree. Plaintiff-respondent No. 1 obtained leave from this Court t..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.... in the tender notice and since the case is pending for trial expression of any opinion is not called for. Since there has been no violation there is no necessity for seeking the protection of such right and the Court shall not grant any protection where such violation has not been proved. Obser...................Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination befo......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ...... may be sought for. Since the question for determination before the Trial Court is whether there has been any violation of conditions in the tender notice and since the case is pending for trial expression of any opinion is not called for. Since there has been no violation there is no ne..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....whether the divergence, if any, between the evidence of the eyewitnesses and the medical evidence as to the nature of the injuries in the dead body may provide a sufficient ground for out right rejection of the participation of the accused in the crime. 2. The prosecution c......ut drawing the attention of the accused to the point when examined under section 304 of the Penal Code. In such circumstance, it was the duty of the appellate Court to send back the case on remand for a re-trial of the case on framing on appropriate charge against him, but it was not done. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......onable ground to disbelieve the eye-witness. Conviction in the absence of charge Although no charge was framed against the accused appellant under section 304 of the Penal Code, the trial Court convicted him along with others under section 304 of the Penal Code on the basis of the..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....rotected under Section 53A of the Transfer of property Act and as such the Government upon the contention that the property has vested in it being the abandoned property in law can not disown the right created in favour of the respondent No.1 by the specific provision of law. It is also the cont......ng the respondent petitioner to release the said holding from the list of abandoned buildings within 60 days from the date of receipt of the copy of the judgment. 2. The Rule was obtained in the aforesaid writ petition impugning the judgment and order of December 24, 1992 of the First Court of S...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... October 20, 1971 for consideration to be paid in several installments, out which a part was paid. In accordance with the said agreement the appellant was put into possession of the assets and industrial unit of the Pakistani Company at Chittagong. In pursuant to the agreement transfer could not..Category: Property Law | Date: | Hits: 40
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....assengers in streets. Whoever willfully puts, presses, hustles or obstructs any passenger in any street of public place, or by violent movement, menacing gestures, screaming, shouting, willfully frightening any animal otherwise disturbs the public peace and order, shall be punishable with fi......son to fine only where there is no provision of sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......that condition and submitted a report alleging that by such shouting, screaming and menacing gestures, they obstructed and annoyed passengers in the street, and in due course they were put on trial before a Magistrate, 1st Class on this allegation which is an offence under section 79 of the..Category: Criminal Law | Date: | Hits: 39
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