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Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....of law as well as non-consideration of material evidence, and as such is not immune from interference in revision under section 115 C.P.C. The High Court Division in the circumstances of the cases rightly interfered therewith…………….(8) Due to prior execution of the decree, proceeding ......2 of 1983. (From the judgment and order dated 4th March, 1982 passed by the High Court Division in Civil Revision No. 495 of 1981.) Judgment Shahabuddin Ahmed J.- The questions that fall for determination in this appeal are whether the provisions as to enquiry, as contemplated in rule......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......ere is a declaration by the serving officer that summons was duly served by him under rule 17 of the said Order, and whether the learned Judges of the High Court Division have correctly held that the trial Court made a declaration, under Rule. 19, that summons was duly served in this case. 2. Th..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... above observation the learned Judge noticed that a kabala was also executed by the defendants in favour of the plaintiffs and observed that the defendant themselves will be within their right to cancel the document obtained by the plaintiff No. 1 and his brother for the same reas...... it is a Criminal offence, the offence can be compounded within the limit of section 345 Cr. P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchan...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......eir dispute and in terms of the Salishnama both parties agreed to compromise by exchange of lands and accordingly litigations were withdrawn. The suit is liable to be dismissed. 5. The trial court noticed that there were "litigation between the parties” over the property ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......mong other things, that then participation in the incident of arson and rioting being doubtful they should have been given benefit of doubt by the Courts below. This order is now under challenge before us. 3. The prosecution case originated from an incident which took place on 4 March, 1......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......ompetent Magistrate after holding the preliminary enquiry under Chapter XVIII of the Criminal Procedure Code committed 37 persons including these respondents to the Court of Session to stand their trial for committing mischief by fire and rioting. The defence taken by the accused persons was tha..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....d against the judgment and order of the High Court Division in Civil Revision No. 1324 of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was......Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of application......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......puted and documentary evidence is in R. S. Khatian had been adduced to show that the property belonged to Gouri Dasi. The next question was whether the plaintiff was the daughter of Gouri Dasi. The trial court presumed that Gouri Dasi was not married at all and she carried on business, of prostit..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional evidence is permissible for the decision of the Court. The ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......the appellants for their holdings which had already been separated and numbered as holding Nos. 50 and 51. Another document, Ext. C; was also proved. The miscellaneous case was allowed by the trial court on December 27, 1979. Appellants preferred First Miscellaneous Appeal. No. 105 of ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, oth......, 1984. The Transfer of Property Act, 1882 (IV of 1882), Section 53A. In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......late Court had not given conceiving reason to the discard the evidence of the P. Ws.” This appeal being Other Appeal No. 310 of 1965 was disposed of on 15.8.70. The judgment and decree of the trial court below was again affirmed by the appellate Court below. On Second Appeal being ..Category: Property Law | Date: | Hits: 24
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....fication. Impleading the transferee-landlords in the Rent Deposit Case filed against the previous landlord is found to be a clever device to avoid payment of rent to the plaintiffs. The trial Court rightly held that the defendants were defaulters in respect of rent after the transfer. They may n......ertainly entitled to receive rent since the transfer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdul Hannan, Advocate, i......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......ses was served through a lawyer by the plaintiffs claiming to be the purchasers of the premises, they made the plaintiffs parties to the Rent Deposit Case. As such they are not defaulters. 4. The trial Court held that the deposit of rent for the months of Poush, Magh and Falgoon 1381 B.S. (rough..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
.... or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correct view tha......ted by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correc......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......epted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correct view that the appellate Court below had dr..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....ng they brought the allegation that defendant had violated the order of injunction. Order 21, rule 32 is in the following terms: ''Decree for specific performance for restitution of conjugal rights, or for an injunction.—(1) Where the party against whom a decree for the specific perform........................ Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doin...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......ss Suit No. 28 of 1962 for permanent injunction in the Court of Munsif, Kishoreganj. The suit was decreed. On appeal by the defendants the appellate Court below set aside the judgment and decree of trial Court and allowed the appeal. While the trial Court found the plaintiffs' possession the appel..Category: Civil Law | Date: | Hits: 114
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....r VIII in the Code of Civil Procedure by way of amendment, which is as follows: "6A. Counter claim by defendant.—(1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the......ssed by the High Court Division, Dhaka January 11, 1983. 2. Plaintiff instituted Money Suit No. 184 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on account of freight compensation. Defendant-respondent N......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......f unascertained counterclaim and that the amount of counter-claim is greater than the claim made in the plaint, plaintiff-appellant prayed that the counterclaim should be disallowed. The trial court, however, passed orders entertaining the counter-claim as an equitable set-off in ..Category: Civil Law | Date: | Hits: 95
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... 63 The very fact of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his property by will under the Hindu Law, of his own volition and in perfect se......s 67 and 68 The Succession Act, 1925 (39 of 1925), Section 63 The very fact of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his property b......ed on fulfilling the requirements of section 63 of the Succession Act, cancelled the probate and dismissed the suit. The High Court Division further observed that in view of some "unnatural, unfair and inhuman aspect of the matter" in which the widow and a grand son of the testator stoo......p; Shahabuddin Ahmed J.- In this appeal by special leave the question is whether the High Court Division was well founded in law and fact in reversing the trial Court's order granting probate of a Will on the ground that execution of the will was not pro..Category: Property Law | Date: | Hits: 118
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......arging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of conduct for which he now stands convicted. The judgment of the High Court Division affirming the conviction......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......in cyclone hit area in Noakhali he could not cancel the first post mortem report in time. Prosecution witnesses were examined. No witness was examined on behalf of the Defence. The trial court convicted and sentenced the petitioner on materials on record and mainly on the evidenc..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......ority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness the Bank should have made them parti......lip;.(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness the Bank should have made them parties as well as the Government and should have sough......ested in the Government. There is also the express bar in the provisions of Article 14 of the Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972, P.O. No. 16 of 1972. The trial court as well as the High Court Division ought to have taken judicial notice of such provisio..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
......Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws extend protection to such right, e......nd liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific performance of con...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......xercised its authority under the provisions of Article 10 of the aforesaid Order before the order of cancellation of the contract for sale was passed by the Government. In such circumstances, the trial court acting suo motu has no power to pass the impugned order. 6. The learned Counsel also..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action under law should not be taken against him for allowing the Trawler in question to escape from the lawful custody and for not informing the C......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ...... petition is heard by this Court. The other three Trawlers, namely, (1) HUANG CHAINAVEE—1(BT—24), (2) DAUNG KAMOL (BT-11), (3) BAVOR CHAINAVEE—2 (BT—16) under attachment by order of trial court dated 24.9.80 is hereby released and they be immediately released on telegraphic communi..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
..................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement of rights to property. It should, therefore, be exercised only in extreme cases. Where there is n.................................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enfor......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......nging the nature of the schedule properties and the other was filed under Order 40, rule 1 of the Civil Procedure Code for appointment of receiver. 3. In the application for injunction the trial court passed an order directing the parties to maintain status quo which order was made absol..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......- The appellant is a monthly tenant of the respondents in respect of the premises in question. He has been ordered to be ejected on the ground of the landlords' bonafide requirement of the premises for the purpose of re-building and re- construction of the building according to an approved plan of...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......an approved plan of the Dhaka Improvement Trust. He is now challenging the High Court Division's order, in Civil Revision No. 1161 of 1982, refusing to interfere with the concurrent decision of the trial Court and the lower Appellate Court which decreed the suit for ejectment; the ground taken by ..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......udgment delivered. I do not find the accd. Persons guilty u/s 427 B.P.C. and thereby acquit them u/s 258 Cr. P. C." 3. The complainant thereafter moved the Sessions Judge for making a reference under sections 435/438 Cr. P. C. recommending setting aside the order of acq...... set at liberty. 8. In the given case complainant is the appellant. Such argument was advanced in Emperor Vs. Sugnomal Bhojraj and another, A.I.R. 1942 Sind 52 where it was held that on a fair reading of sections 263 and 264, only in a case of conviction need a brief statement of the re......sections 427/147 B.P.C. Originally there were 9 accused persons and the appellant compromised with 5 of them and the rest of the accused respondents pleaded not guilty to the charge and during the trial 5 witnesses were examined by the complainant. The complainant in his evidence gave the g..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....eave was granted to consider whether the High Court Division committed an error of law or procedure in rejecting the petition for rehearing of their case and thereby deprived the appellant of their right of being heard while disposing of the aforesaid civil revision on merits in their absence. ......d others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......appellant-petitioners at the time of the hearing of the rule before the High Court Division. The learned Single Judge however entered into the merits of the case, discussed the judgment of the trial court as well as that of the lower appellate court and held that the lower appellate cou..Category: Property Law | Date: | Hits: 30
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....s are heard together and disposed of by this single judgment. 2. Respondent No. 1 filed Miscellaneous Case Nos. 1002 to 1005 of 1969, in the 2nd Court of Munsif, Tangail, for correction of rights under section 143A of the State Acquisition and Tenancy Act. The case of respondent No........ For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for consideration.....(9) Within the scope of section 143 A, there is hardly any ground for ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ubordinate Judge and obtained Rules. A Single Judge of the High Court Division by the impugned judgment and order reversed the decisions of the lower Appellate Court and restored those of the trial Court, holding, inter alia, that section 143A of the State Acquisition and Tenancy Act is mea..Category: Property Law | Date: | Hits: 28
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