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Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......tamp Act, 1899 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......for the plaintiff to take steps. We, however, wish to make it clear that the defendant is free to raise the issue as to whether the plaint was properly signed, verified and presented or not and the trial Court will decide the issue, if raised, in the light of what we have held above. 21. Both s..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....hat she was obliged to file her appeal only when the plaintiffs had filed theirs. 34. Having regard to the rationale upon which we have considered the present appeals it is neither necessary nor right to enter into the question whether in view of the presumption under section 108 of the Evidenc...... obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The claim of death of Naser before the decree was passed, claiming the decree to be a nullity is barred as because such claim was ......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......to the High Court Division, Dhaka against the said Judgment and decree. 17. From the impugned judgment it appears that the learned Judges of the High Court Division agreed with the findings of the trial Court that the suit was barred by limitation. Being confronted with this difficulty the learne..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....uestion to be decided is one of fact, it does not involve an issue of law merely because documents, which were not instruments of title or contracts or statutes or otherwise the direct foundations of rights but were really historical material, have to be construed for the purpose. There is no g......the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Division reversing the same dismissed the suit against defendant No.1 and decreed it for Tk. 40,000/- against defendant No.2. 5. The appellant's suit for specific performance of cont...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......sion Bench of the Chittagong Bench of the High Court Division in First Appeal No.46 of 1977 reversing those dated 11.9.76 passed by the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Division reversing the same dismissed the suit agains..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
.... rely on such confessional statement to convict accused Mafizuddin since same has been recorded after detaining him in police custody beyond the period permitted by law. The High Court Division has rightly held that the confessional statement of accused Mafizuddin is not true and voluntary. ...... Patwary, Advocate-on- Record- For the Petitioner Abu Siddique, Advocate-on-Record- For Respondent No. 3 Not Represented- For Respondent Nos.1-2, 4-6 Criminal Petition for Leave to Appeal No. 135 of 2004 Judgment: &nb......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......demned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted charge sheet against the condemned prisoners and absconding convict Kazi Tipu Sultan. During trial charge was framed against accused persons under section 396 of the Penal Code. The accused pe..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......n Criminal Appeal No. 682 of 1993 dismissing the appeal of the present appellant and allowing the appeal of Imam Hossain, the other accused. 2. The prosecution case, in brief, is that the informant lodged an FIR on 2.7.1988 against the appellant and 6 others stating that on the night foll......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......he Court of Sessions Judge upon which Sessions Case No.8 of 1989 was registered. Since all the accused were in abscondence, the Court of Sessions, after observing the procedure relating to holding trial in abstentia, proceeded with the trial and at one stage of the trial the appellant and Imam ..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......e High Court Division in 2nd Appeal No. 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" &am......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title t..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ....... The contesting defendants are the heirs of Tayebuddin Biswas and they have been possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial court and on consideration of the materials on record the trial court dismissed the suit. On a..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....cee, that in the year 1968 when law and order situation in the locality deteriorated he left the area for the time being and could not take care of the property, that defendant Nos. 1 and 2 having no right, title and interest since liberation of Bangladesh occupied the land described in schedule 'B'......1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of the provision of Section 18 of the Limitation Act. 8. The contesting defendants went on appeal. The appellate Court dismissed the suit upon reversing the judgment and decree of the trial Court on the findings that plaintiff did not establish by reliable evidence that the deeds in ..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......rt reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that ......n of two months next after notice in writing has been delivered to or left at the office of.- (b)(i) in the case of a suit against the [Government] other than a suit relating to the affairs of [the Railway], a Secretary to [the Government] or the Collector of the District; and ......med the Government Pleader, Narayangonj, that the entire suit land enjoyment of the Food Department since 1956 and the same was already acquired. 5. Upon hearing the parties, the trial court decreed the suit on 20.2.1997 in favour of the plaintiff respondents to the extent of ..Category: Property Law | Date: | Hits: 40
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......: The appeal is allowed. The Criminal Procedure Code, 1898 (V of 1898), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Specia......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......is allowed. The Criminal Procedure Code, 1898 (V of 1898), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Special Statute, the t..Category: Criminal Law | Date: | Hits: 58
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....egularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity in the sale notice calling for public tender or non-compliance with o......ly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity in the sale notice calling for public tender or non-compliance with other rules (in case of sale by private negotiation) have n......he whole proceeding which not only destroyed the enterprise of the petitioners but at the same time failed to achieve the interest of the Bank itself and that the petitioners had not been given a fair deal. 6. As to the last submission, it may be observed that it appears from the record tha...... impugned judgment, firstly, submitted that the High Court Division was wrong in not holding that under Art. 34(1) of the BSB Order, the taking over of the management and administration of the industrial concern is a pre-condition for selling the mortgaged property of the concern to secure its l..Category: Banking Law | Date: | Hits: 94
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....ot at all difficult to give the explanation if really there was any. The High Court Division does not seem to have given any importance to this omission of the prosecution which we do not think was right and proper. It was incumbent upon the prosecution, specially in the facts of the present cas......ction 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand......y and without any contrary suggestion to P.W.1 Sahabuddin, the full brother of the victim that the said Sub-Inspector fabricated the dying declaration with the relations of the victim it would be unfair to suspect any evil motive in this regard. The dying statement was recorded at 11.30 in the nig......g the conviction under section 302 of the Penal Code passed against the appellant but reducing the sentence of death to transportation for life. 4. The appellant along with two others was put on trial in the First Court of the Additional Sessions Judge, Khulna in Sessions Case No.283 of 1981 ..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......t August 29, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented-Respondents Criminal Petition for Leave to Appeal No. 8 of 2004. Judgment: ...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... he and others created an affidavit being No.1 dated 28.6.1999 and submitted the same in the Court of 6th Court of Assistant Judge, Dhaka in connection with Title Suit No. 171 of 1999 which during trial was marked as Exhibit-3 and he also filed the above affidavit before the High Court Divi..Category: Criminal Law | Date: | Hits: 39
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......te. Jail Petition No. 20 of 2004 Judgment: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Divisio......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ...... been implicated in this case. 4. We have heard the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. During trial the prosecution has examined as many as 24 witnesses and the defence did not examine any..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....are antedated documents, that the land being the vested property has been leased out to different persons and the lessees are in possession, that plaintiff has no right, title and possession in the land in suit, that to grab the Government's property plaint......was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ab the Government's property plaintiff has filed the suit making untrue statements as well as on the basis of manufactured papers and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the findings that no evidence has been lead from the defendants' si..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....s have been prepared and published. Nur Ahmed and others were in need of money and sold the same to the plaintiff who has possessed the same by paying rent. The petitioner Nos.1-3 have no right, title, interest and possession in the suit land. That the suit land is far from the hou...... Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1824 of 2002 Judgment ......r respective claim. They have also adduced evidence and perusing the necessary papers they passed the award and executed and registered the same on 30.8.1986. They further contended that they have fairly and impartially conducted the arbitration and the arbitrators have not misconducted the......d that they did never appear before the arbitration proceeding nor submitted any statement or document and the Arbitrators did not serve any notice and also did not pass any award. 4. The trial Court decreed the suit making the award a rule of the Court. The appeal there from however wa..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....fits affirmed. 2. The plaintiff-respondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subordinate Judge, Chittagong for recovery of money, declaration of right of pension and mandatory injunction for payment of pension contending, inter alia, that he jo......ate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with the leave of the Court), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the respondent. Civil Petition for leave to Appeal No. 1812 of 2002 Judgment &n......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......nst the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to grant relief other than mandatory injunction, declar..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....No.1 in respect of his 12,000 shares in the Company has been illegally omitted from the share register of the Company and that the instant application has been filed bona fide in order to protect his right and interest in respect of his 12,000 shares in the Company. The present petitioners taking ......th the cases). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent Nos. 2-5 (In both the cases) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for......rther share issued by the Company. He next argued that the High Court Division having noted that Mr. Zillur Rahman Chowdhury ceased to be the Managing Director earlier to 07.01.1998 and the Company affairs were duly handed over to the petitioners, erred in not entering into the dispute relating to t......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....e material allegations made in the plaint contending, inter alia, that the sheet Nos. 1-3 have been approved by the concerned authority of the government and the plaintiff-respondents have no right, title and possession in the suit land. 4. The trial court decreed the suit. On appeal ....... - This appeal by leave is directed against the judgment and order dated 15.01.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......inter alia, that the sheet Nos. 1-3 have been approved by the concerned authority of the government and the plaintiff-respondents have no right, title and possession in the suit land. 4. The trial court decreed the suit. On appeal being Title Appeal No. 28 of 1993 the court of appeal dismi..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......structed by Syed Mahbubur Rahman Advocate- on-Record- For the petitioners. Nurul Islam Bhuiyan, Advocate- on –Record-For Respondent No. 1 Not represented-Respondent Nos. 2-7 Civil Petition for Leave to Appeal No. 1124 of 2005. (From the judgment and order dated 25th April, 2005 passed ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......itten statements denying the material averments made in the plaint and contended, inter alia, that they are in possession of land of plot No. 25 by planting trees and making houses therein. The trial court having decreed the suit on contest, the respondents preferred Title Appeal No. 88 of 200..Category: Civil Law | Date: | Hits: 116
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