Search Options
Judgment Advanced Search
Displaying 4161-4180 of 4866 results.
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....: Siddique Ahmed & others..............Respondents Judgment May 31, 1983. The usufructuary mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit land on 14-12-33 which pa......emption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be validly claimed by the plaintiff-respondent. The Appeal is dismissed……&hell......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......y;chase by the kabala and adverse possession for over the period of limitation the mortgage had been extinguished and, therefore, the plaintiff had got no right of redemption. 4. The trial court decreed the suit. Defendant No. 1 preferred other Appeal No. 385 of 1968 before th..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....against the Corporation or any of its officer including its Chairman or any director, it may be mention that the plaintiff did not implead the Corporation in the suit. The first appellate court had rightly observed that 'the plaintiff’s relief’ if any, ultimately lies against the Corp......spondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing of the suit. The act complained of is an order of dismissal and the act is done under ......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. ......sappropriation, breach of trust, insubordination, negligence of duties and misconduct. On the basis of the enquiry report he was dismissed from service on October 5, 1978. 5. The trial court decreed the suit on February 16, 1981. On appeal, being Title Appeal No. 56 of 198..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....esh complaint since it was filed after the Magistrate accepted the Final Report and "discharged" the accused. The question for determination, therefore, would be whether this complaint has been rightly entertained by the Magistrate after he discharged the accused on the same allegation. ......ult: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant, Shaukat Raja, challenged the Final Report by filing a naraji-petition, which was subseque......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......auses (a) and (b) A Magistrate is not bound to accept the police final report and discharge the accused. If from the materials or record, the Magistrate finds materials for putting the accused on trial, he may take cognizance under section 190 (b) of the Code of Criminal Procedure. The Code ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Bibi and not by her sister Hazera Bibi and the High Court Division further considered that the payment of Municipal taxes does not prove that the plaintiff was in possession asserting her own right. On the same reasoning the High Court Division Ignored the electric bills, etc. The High Cour......ciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half he......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......ssed the suit. 7. Mr. T. H. Khan, the learned Counsel appearing for the plaintiff appellant contended that the High Court Division erroneously reversed the judgment of the trial Court and found fault with the plaintiff on certain points which could easily be ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....the land and remove the structures whenever the landlord required the land for making pucca construction. On these findings, the trial Court decreed the suit directing his ejectment subject to his right to remove his materials used in constructing the huts. On appeal, the learned Subordinate Jud......949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuous occupation of the premises for over 12 years by the tenant did not bring him withi......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. ......years and as such he is protected from eviction except on the ground of violation of the terms of the tenancy as laid down in section 7(5) of the Non-Agricultural Tenancy Act. 3. The trial Court on consideration of evidence found that after destruction of the original tenancy by fi..Category: Property Law | Date: | Hits: 39
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. ............................Respondents Judgment October 19, 1983. The Criminal Procedure Code, 1898 (V of 1898), Sections 435, 439. Under section 439 Cr.P.C. the Court even Suo motu can call for the records and there is no legal bar in filing revisional application before the High Court D...... 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. ......, in Sessions Case No. 25 of 1970. Leave was granted to consider the legality and correctness of the order of acquittal passed by the Sessions Judge. 2. Respondent Nos. 1 to 4 were placed on trial before the Assistant Sessions Judge, Bogra—respondent No. 2 on charge under section 467 an..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....75 in the 1st Court of Munsif, Dhaka, against the respondent for realisation of Tk. 5000/-, at the first instance, which is a part of his total claim of Tk. 1,15,000/- with reservation of his right to realise the balance of his claim of damage. During the hearing, when some witnesses were e......med J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from Tk. 5000/- to Tk. 39,000/-. 2. The appellant fil......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. ...... Shahabuddin Ahmed J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....pointment to the cadre of E.P.C.S. class II officers from the parent department that he was being appointed in a temporary cadre. Such appointment temporarily does not confer the appellant with the right of not being reverted to his parent department. Since the appellant did not join his parent ......right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) ......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." ...... (Executive) Class II temporarily there was no malafide or illegality in the order. The appellant was also not entitled to arrears of salary claimed by him. 7. The suit was dismissed by the trial court on the finding that the appellant's appointment was purely temporary and the Government..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....re, impossible to say at any given moment before accounts have been taken, what share, if any, a partner, has in the property. Until dissolution and accounts each partner must be regarded as having a right to the property and he does not hold it in a fiduciary capacity." An ar...... Ahmed & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled t......yment but immediately sent a telegram from Chittagong stating that there is shortage of money in his account and cheque need not be presented. Subsequently it seems the parties have made up their affair and on the proposal of the complainant the accused persons agreed to work for him in his new ve...... of Abdul Quader Chowdhury Vs. the State, 28 DLR (AD) 39, the Appellate Division of the Supreme Court duly considered the scope of section 561A Cr.P.C. and categories of cases for quashing before the trial. So was held: “Interference even at on initial stage may be justified when the fact..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
.... but before the final decree was passed, non-substitution of their heirs did not cause any damage to the decree or its execution. The reason for this principle of law is very simple; it is that the rights of parties to the suit have been conclusively determined in the preliminary decree and what ......the 1st Court of Munsif, Mymensingh, against the respondents and many other defendants. Details of the suit which proceeded in a zigzag way need not be given. The suit was decreed in a preliminary form on 16 February 1974 by the lower Appellate Court upon setting aside the judgment of the trial ......any costs. The judgment 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) 5. ......ils of the suit which proceeded in a zigzag way need not be given. The suit was decreed in a preliminary form on 16 February 1974 by the lower Appellate Court upon setting aside the judgment of the trial Court dated 23 December, 1968. Final decree was passed on 15 July, 1976, whereupon the Execu..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....-empted in the later one, which shows that respondent No. 2 transferred the land to the appellant, Respondent No. 1 Pre-emptor is a co-sharer of respondent No. 2 by inheritance, and as such, he got right to pre-empt the land. In the proceeding for pre-emption the Court is not required to entertain......to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in a proceeding for pre-emption……………..(5) Power of revision under section 115(1) C.P.C. may be ex...... 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. ...... executed only to clear his title in the land which he had purchased in the benami of his nephew, respondent No. 2, under a previous kabala dated 24 October 1970 (Ext. 2) from respondent No. 6. The trial court rejected the claim of "benami" under the previous kabala holding that the question could..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....lara were reading in the southern room of the west bhiti hut and at that time accused Abdul Quddus entered the room through the eastern door with a big dagger in his hand and seeing this they were frightened and cried out. They escaped from that room and entered into the western room of south bh...... Code and sentencing him to death by hanging in Sessions Case No. 20 of 1987. 2. The prosecution case, in short, is that accused Abdul Quddus had land on the eastern side of the house of informant Dr. Mukbul Hossain. The accused grew IRRI paddy in that land and occasionally when he used ......y say as to who informed police station but he admitted that someone must have given the information to the Police Station over telephone. In cross‑examination he also denied about the love affair of his sister with Quddus. PW 6 Abdur Rahman was named as a witness in the First Information ......to what constitutes extenuating circumstances and we have further held in that decision that in the facts of each particular case the extenuating circumstances are to be judicially determined. The trial Court as also the High Court Division found no mitigating circumstances. Nor did us. Thus, co..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....on a correct appreciation of the facts of the case and the law, particularly sections 18(5) and 19(l)(a)(b) of the Premises Rent Control Ordinance, 1963 (Ordinance XX of 1963), briefly the Ordinance, rightly held that the defendant "was not a defaulter in payment of rent at any point of time" and as......h Court Division, Jessore Session in Civil Revision No. 246 of 1986). Judgment: ATM Afzal J.- This appeal by the plaintiffs' following leave, arises out of a suit, Title Suit No. 432 of 1983, for ejectment of the defendant respondent, a monthly tenant, from the suit premises and is directe......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......d been depositing the same with the House Rent Controller, firstly, in the name of Abdus Sattar and then coming to know of the transfer in favour of the plaintiffs, in the name of the plaintiffs. The trial Court found from the record of Misc. Case No. 280/80 that the defendant had been depositing re..Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....es corroborated the prosecution case in all material particulars. 9. In this appeal, the merit of the finding of guilt is not in issue. The issue is whether appellant Jatin was rightly convicted under the first part of section 304 Penal Code instead of under the second part o......usband, appellant Jatin Chandra Sit. The Sessions Judge, Patuakhali found the appellant guilty under section 304 Part I and section 201 of the Penal Code and sentenced him to rigorous imprisonment for 10 (ten) years under the first Count and to 5 (five) years under the second, making the sentenc......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......Jafin and learnt everything from Purna Lakshmi (PW 2). He filed a petition of complaint in the Court of the Magistrate, Patuakhali which ultimately brought the appellant and other three accused to trial before the Sessions Judge. 6. Co-accused Gouranga and Bijoy were also convicte..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....h an arbitration on and from 4.7.89 suo motu or on receipt of the respondent's legal notice dated 12.6.88 because this issue was not tried and decided in any Court. The High court Division did not rightly consider the appellants' papers, because those were neither produced before the trial Court......the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 378 of 1988 rejecting the application filed by the defendant-appellant under Order VII, rule 11 (d) of the Code of Civil Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be dis...... 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. ......ice dated 12.6.88 because this issue was not tried and decided in any Court. The High court Division did not rightly consider the appellants' papers, because those were neither produced before the trial Court nor proved. For the same reason we shall not consider the respondent's alleged legal no..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....hat Janaki got his son Lalit’s name included in the CS Khatian fraudulently; that Dinomoni had title to all the lands including plot No. 784 and that the presumption of correctness of the record of right was rebutted. The trial Court further found that in the kabala dated 18.1.1938 executed by Din...... District Judge Dinajpur, dated 28.7.1973 and restoring those of the Munsif, Dinajpur passed in OC Suit No. 162 of 1969 decreeing the plaintiff's suit. 2. Plaintiff-respondent No. 1 filed the suit for permanent injunction for restraining the defendants from entering into CS Plots Nos. 784 and 802......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......d the land of CS Khatian No. 125 from her husband, and that her son-in-law Janaki looked after tier properties and that there was no basis for the noting of the alleged exchange in the CS Khatian the trial Court held that Janaki got his son Lalit’s name included in the CS Khatian fraudulently; tha..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ...... (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifuddin Chaklader, Advocate-on-Record for Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 o......fraudulent document the learned SCC Judge “Jumped in the conclusion that defendant No. 2 Sunil is in possession of the suit premises as a sub-lessee" under respondent No. 1. This is an unfair assessment of the trial Court's judgment. In their joint written statement Ansar Ali and Sunil......consider the simple question whether the High Court Division exceeded its revisional jurisdiction under section 25 of the Small Cause Courts Act III reversing the findings of fact arrived at by the trial Court which decreed the suit for eviction of the tenant- respondents. ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....int. The subsequent application of the other three brothers for being added as defendants in the mortgage suit was rejected by the Court by order dated 13.2.22 Ext. 8 with the observation that the rights of the three brothers, if any, would not be affected by any decision of the suit. 10.......y leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and '......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... Mustafa Kamal J.-his appeal, by leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....s in the facts of [fie case did not consider the confessional statement to be true. There being no corroboration on any material particular of the confessional statement itself, the learned Judges rightly thought it unsafe to maintain the conviction and sentence of the respondents under sections......ndents (In Criminal Appeal No. 9 of 87). Not Represented-For the Respondent (In Criminal Petition No. 30 of 1986). Criminal Appeal No. 9 of 1987. with Criminal Petition for leave to appeal No. 30 1986. (From the judgment and order dated 26th October, 1983 passe......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. ......s lodged by PW 1 Md. Manik Miah, the elder brother of deceased Dudu. This witness did not mention the name of Shafique and Sultan in the First Information Report whereas they were introduced at the trial. The learned Judges of the High Court Division on careful consideration of the evidence of P..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that......; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additiona......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......Commissioner. On local investigation the suit land and the kabuliyat land was found identical and the Advocate Commissioner's report was accepted by the Court without any objection. 5. The trial Court dismissed the suit after finding, on the basis of the khatian Ext. 6, that the plaint's..Category: Property Law | Date: | Hits: 25
18161815181418131812181018091808180718061804180318021799179817971796179417931792