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Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....int the Court go power to direct amendment of the plaint so as to include such a prayer at any stage of the proceedings if the court considers such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme......after hearing the matters together dismissed the appeals but directed the plaintiff of T.S. No. 532 of 1967 to amend her plaint within two months, so as to include a prayer for cancellation of the document failing which, it was further directed, her suit would stand dismissed and that of the def..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......h, by his heirs, the plaintiffs; the suit was filed mala-fide as a test case for grabbing the property; the suit was barred by limitation. 25. Plaintiffs examined 4 witnesses but adduced no documentary evidence except the admitted kabuliyat dated 2 June 1920 (Ext 1).Defendants examined 4 ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....e can be disÂregarded to make such suit which is so barred, maintainable in order to try an issue on mala fide alleged in the plaint. It may, at least in some cases, be seen that hardship, or even injustice, may result if, in spite of evident truth in the allegation of mala fide, the suit is held t......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted 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: 38 DLR (AD) (1986) 311. ......land nor cattle of his own since by his death they would derive no benefit. InvesÂtigating Officer, P.W. 7, stated that though Khursheda claimed to have purchased the land, she could not produce any document to him; nor was any document produced durÂing the trial either. These facts unerringly ind..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ed, the Court shall fix a date for the examination of witnesses and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing. Then section 265G provides for recording of evidence. 11. Now comes sect..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondents Judgment December 12, 1985. Result: The Appeal is allowed. The Evidence Act, 1872 (Act No. I of 1872), section 116 Attesting witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its n..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....Tribunal to have obtaiÂned 52 vote more than his opponent. The Tribunal, as appears from its elaborate judgÂment considered this point and directed fresh election in this Centre 'in the interest of justice'. It is in view of this position that we find that the omission to declare the responÂdent'......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....e aforesaid Act. Lastly, he mentioned that the impugned order was also liable to be struck down for want of show-cause notice, that is, for the violation of the long established principles of natural justice. 8. So far as the fact of declaration and authentication of the weekly 'Ispat’ is conce......985 passed by respondent No. 1, DisÂtrict Magistrate, Kushtia by which he directed respondent No. 3, Officer-in-Charge of Police Station, Kushtia to enter upon and seize all unauthorized newspapers, documents and press and printing materials is illegal, without lawÂful authority and of no legal ef..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....er of the High Court Division. This is not appellate power or revisional power nor it is additional or an alternative jurisdiction. It is well settled this power has been preserved in the interest of justice to redress the grievance in which no other procedure is available or is provided by the Code......i of the first party as to whether they had any prima facie title and possession in the disÂputed property. The learned Sessions Judge considered that the first party failed to proÂduce their basic document by which they have claimed their title and possession in the disputed property. On the othe..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....of franchise legally recognised and cognizable by a Civil Court and further, whether the right of franchise could be interfered with by any executive order without following the principles of natural justice and also whether the concurrent finding of facts could be interfered with by the High Court ......inition lost sight of one of the most essential elements of a 'hat', which is the sitting days in a week on which a hat assembles. Apart from showing the ancientness of the Salimabad hat from theÂse documents, the Counsel also tried to esÂtablish therefrom the sitting of Salimabad hat on Tuesday a..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ddress him as 'sir’. 13. Since this is an unique example of how as an executive officer who is himself exercising judicial powers in criminal matÂters has the temerity to obstruct the course of justice by such acts which exhibit scant respect for a Court, following observations of the learned ......sif-Magistrate is the crudest form. His defÂence in the contempt Rules is all the more reprehensible. He has no regret, no remorse. He has chosen to defend his actions with fabricated papers and documents. His conduct can only cause despair and dismay." 14. Though a little unusual, the ..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... wrongly placed the onus of proof upon the defendant. In that view of the matter, the concurrent findings of facts are no findings in the eye of law and should be interfered within the interest of justice in exercise of revisional power under section 115 of the Code of Civil Procedure………â...... of Amir Ali and that he was the son of prostitute Baramoni. Acknowledgement by Amir Ali of sonship of defendant Khorshed Alam Khorshed Alam proved Amir Ali’s acknowledgement and a written document Ext. H backed up by enormous documentary evidence that Amir Ali acknowledged him as his s..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....rred due to the lapse of the dealing assiÂstant. The High Court affirmed the order as having been made under section 152 C.P.C. and this Court observed "the impugned order was passed in the ends of justice so that the defendants should not be made to suffer for no fault of their own. The impugned ......d. Vs. Chaube Manoharlal and another reported in 48 CWN 435 the Privy Council considered the question and observed: "The question was what the decree meÂant and in interpreting the decree no document was so directly in point as the judgment, Where the judgment expressly said that the Ap..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....at for the determination of this point reference was made to section 33 of Act XI of 1859. Section 33 provides as follows: "No sale for arrears of revenue .... shall be annulled by a Court of justice except upon the ground of its having been made contrary to the provisions of this Act, a......he provisions of section 27 of the General Clauses Act (X of 1897) which reads thus: "Where any Central Act or Regulation made after the commencement of this Act authorises or requires any document to be served by post, whether the expression, "serve" or either of the expression, "give"..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97...... the premises by inheritance from his fatÂher and, as such, no question of his holding over as a tenant of the appellant arose 4. The learned Munsif on consideration of the evidence both oral and documentary held that Kala Mia was not a tenant under the plaintiff, that defendant No.1 has been po..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....s power of supervision of a co-operative society does not alter the character and status of the organisation namely the bank to whose service the appointment was made…..(16) Principle of natural justice was duly applied with the respondent even though civil service rules were not applicable to ......vises the accounts of each co-operative society. Under section 76 of the Act, the accounts of every society "shall be audited" by the Registrar who also got power of inspection of all other paper and documents of the society. He may also hold inquiry into the affairs of a society at any time. Beside..Category: Employment/Service Law | Date: | Hits: 124
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