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Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....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. ......y of possession of immovable property and for declaration of title. In this view we held that the learned Additional District Judge committed an error of law apparent on the face of the record in holding that the present suit by the plaintiff against the order of dismissal from his servic..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....plaint is entertained though on the same allegation. This view has also been taken by the Pakistan Supreme Court in the case of Abdul Hossain Sana v. Swalal Agarwala, 14 DLR SC 96. 6. It is not disputed that after dismissal of a complaint or discharge of an accused, a fresh complaint may be en......n acquittal, there can be no second prosecution of the accused for the same offences. The Code of Criminal Procedure, 1898 (V of 1898), Section 202 Witness’s statement before the Magistrate holding enquiry under section 202 may implicate persons not named before the Investigation Officer. ..Category: Criminal Law | Date: | Hits: 79
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....this contention he has referred to a decision of the Calcutta High Court in the case of Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. The principle of law followed in that case is not disputed in the instant case since both the parties are relying upon a fresh agreement entered into......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....8 (V of 1898), Section 145. There 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……………&h......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. ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... 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. ......and 6 months each, in default, to suffer rigorous imprisonment for further period of 6 months. 6. On appeal by the accused respondents, the learned Session Judge set aside the order of conviction holding, inter alia, that Exts. 2-2(b) are not genuine and further there was no evidence to hold tha..Category: Anti-Corruption Laws | Date: | Hits: 112
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)
....anessa Bibi, 20 DLR 1050, argues that a decree against a dead person being void is not executable and as such the executing court must refuse execution on an application under section 47 It is not disputed that the Executing Court may refuse execution of a decree if it is found to have been......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)
.... CS Khatian No. 125 (Ext. B); that by an exchange Lalit Chandra Barman got Plot No. 801 of CS Khatian No. 133 of mouza Galtoir (Ext. B (1) from defendant No. 3 Buli Barmani and transferred to her the disputed Plot No. 784 and that the fact of exchange was noted in the CS Khatian. Defendant No. 3 sol...... 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)
....e 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 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque......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
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....f CS plot No. 533 by interpolation. The appellant also obtained no title to the case land by the ex parte decree obtained by her in TS No. 208 of 1984. The Civil Court was already in seisin of the disputed land by issuing an order of status quo and therefore the learned Magistrate acted without ...... 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. ..Category: Criminal Law | Date: | Hits: 54
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
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