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Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....anu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27 of 1985 The Transfer of Property Act [IV of 1882] Section 106 The question of title being rightly decided by the trial court on consideration of relevant document which was wrongly rebutted ......te-on-Record, For the Respondent Nos. 1& 2. Civil Appeal No. 27 of 1985. Judgment: A.T.M. Afzal J. - This appeal by special leave is at the instance of the defendant and arises out suit for eviction of the said defendant from the remises as a monthly tenant and realisation of arrear re......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272.......................Respondents Judgment June 17, 1986. Civil Appeal No. 27 of 1985 The Transfer of Property Act [IV of 1882] Section 106 The question of title being rightly decided by the trial court on consideration of relevant document which was wrongly rebutted by the learned sub-ordi..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ...... Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ petition on same subject matter filed on the same day before the civil court and the High Court Division simultaneously without mentioning either in the sui......not find any wrong in such an observation. 4. Dr. Hossain has, however, contended that the Election Commission is under a legal obligation to dispose of any matter like this according to 'law in fair and impartial manner after hearing both the parties and not arbitrarily. In this case, the le......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......82 of 1984. Judgment: M.H. Rahman J. - This appeal is at the instance of the pre-emptees. 2. Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres of lands of some plots of C.S. Khatian No. 19 and also for 12'21 acre...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......t-1) which shows that he purchased a portion of the disputed plot from one Bhagaban Chandra Das. It was not disputed that the petitioner and his brother's names were recorded in the S.A. Khatian. The trial court, however, held that in the absence of the document of title of the petitioner's vendor B..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
.... the auction sale. The respondent’s allegation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent can no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the l......d. Under such circumstance the government settled the land with the defendant-appellants. Even though auction was held and delivery of possession was made and the respondents knew it and their prayer for setting-aside the sale was frustrated by the circle officer, the plaintiff-respondent filed this......ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ......he sale was frustrated by the circle officer, the plaintiff-respondent filed this suit after the limitation has well-expired. This suit is not maintainable. The appeal is allowed and judgement of the trial court dismissing the suit, restored…........(14,15,16,17) Lawyers Involved: Md Nurul Hu..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....s 379 and 147 of the Penal Code are found to have been duly considered by the learned Magistrate. His order shows that the disputed land was a khas land of the Government but both the parties claimed right, title and possession thereof. The learned Magistrate also considered the R.S. Khatian which s............Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Code of Criminal Procedure, 1898 (V of 1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no miscarria...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......on any proper judgment written in compliance of the provisions of section 367 of the Criminal P.C. 3. Mr. Aminul Huq, learned Advocate for the appellants, has referred to the Judgments of both the trial court and the Court of Appeal and has argued that these arc not judgments in the eye of law wh..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....ssions Judge got the power to make order for direct commitment of the accused to him. Now that the committal proceeding had been deleted, section 437 lost its reason of existence and as such it was rightly repealed. The learned Additional Attorney General has, however, tried to seek some guidance ...... May 9, 1988. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any proce......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......he complaint. The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......e facts and circumstances of the case particularly having regard to the good academic background and future career of the appellant, there was enough justifiable reason to let him go on bail at least for affording him the opportunity to take his B.A. Examination. The appeal is allowed and the appell...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... be allowed to take his examination which was to be held within October 1987. But the learned Judges, by the impugned order dated 21.7.87, rejected the prayer on the grounds that he was absent during trial and that his Admit card showed that the date of appearing at the examination expired long ago...Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....suddin (since acquitted) pressed him down on the floor on his back. At that time the appellants, who were armed with two guns, fired two shots—appellant Taleb fired the first shot which pierced the right chest and appellant Ful Babu fired the second shot which went through the abdomen causing blee.........Respondents Judgment April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Officer in actual......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......te-on- Record-For the Respondent. Criminal Appeal No. 6 of 1986. Judgment: A.T.M. Afzal J. - The two appellants, Taleb All and Ful Babu son of Nazamuddin, along with five others were put on trial before the Additional Sessions Judge, second court, Rangpur for alleged offences under section..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....e examined for legislative intendment in respect of these offences." After considering the underlying purposes of the prohibition against private complaint and keeping in view the statutory right of a citizen to make complaint to court under S.190 Cr.P.C. their Lordships concluded as fol...... a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document produced ......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ched and the other-its use in a proceeding launched subsequently have been committed in the course of the same transaction. In such a case both the offences should be tried by the same court in one trial. Difficulty will arise if the prior offence is taken cognizance of on a private complaint and ..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
.... Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was to be decided under the Bengal T......ding Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that t......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......98 of 1972), Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was to be decided under ..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
.... appeal had no manner of application in the case of the Supreme Court functioning in the country at the apex of its judicial system. Hamoodur Rahman, CJ. considered that the Supreme Court has every right to examine the evidence in a criminal appeal in the interest of justice. In what circumstanc......self in the commission of the alleged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustaining the order of conviction. In a case as in the present where the witness......of the alleged offence. Not to speak of other accused, the maker himself could not be convicted upon such a statement inasmuch he did not implicate himself in the least in the alleged offence. In all fairness prosecution should have examined him as a witness instead of making him an accused so that ......ed Akbar. This has not been denied by the defence either. Throwing of bomb into the hop of Efaz which resulted in his death had created panic in the mind of the ordinary public of the locality. The trial Court considered that it was a special circumstance of the case as the people as a whole were ..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....was given. In the case of M/s. M. Laxmi & Co. v. Dr. Anant R. Deshpande, AIR 1973 SC 171, it has been held that the Court can take notice of subsequent events to shorten litigation, to preserve rights of both the parties and to serve the ends of justice. In the case of Amarjit Kaur v. Pritam S...... were not drawn the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were drawn under the Rules of 1976 and were pending when the Rules of 1984 came into force. In the provisions for automatic disposal under the Rules of 1984 the qualifying clause "as fa......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......w in a pre-emption case during the pendency of appeal and dismissed the appeal by applying the new law which barred the passing of any decree in a preemption suit which was earlier decreed by the trial court under the law which existed when the suit was filed. 16. We need not discuss in detai..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the suit land and that their possession was not unauthorised and that the entry of the name of Government in record of rights was wrong. On behalf of the Government it was contended that the suit land vested in the Go......dhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the suit land and that their possession was not unauthorised and t......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....der, unless it falls into any of the five Exceptions referred to in section 300. The criminal act of the appellant in this case is the causing of a lacerated would, 2 ½ " X 1” scalps deep on the right parietal region and another lacerated wound on the right cheek, 1" X ½ muscle deep. The last ...... By the High Court Division, Rangpur Bench, in Criminal Appeal) Judgment: Shahabuddin Ahmed J. - Appellant Bandez Ali is challenging an order of his conviction and sentence to transportation for life under section 302 of the Penal Code, passed by the Additional Sections Judge, Rangpur and c......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......ction when resistance was offered a free-fight took place between the panics during which the deceased Wayezuddin received the fatal blow from whom nobody knew. On consideration of the evidence the trial Court convicted the appellant Bandez Ali and 4 others under section 148 of the Penal Code;..Category: Criminal Law | Date: | Hits: 67
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
.... taken when the suit was taken up for hearing. The plaintiff in that case was examined and some rent receipts were also admitted in evidence and on these materials the plaintiff’s claim of tenancy- right under the Government - defendant was declared. The defendant's application under Order IX, rul......ons was served upon him. This claim was not backed by him by adducing evidence in court as against the process -server's report and the evidence of the plaintiff; As such this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumsta......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......d as claimed by the plaintiff and it was incumbent upon the defendant to depose on oath that no summons was served upon him by the process -server as claimed. But the question is what is the basis of trial court's finding that the summons was not served. The basis, as appears from record, is the mer..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ng all lands to assessment and payment of rent. Its provisions are "22. (1) Notwithstanding anything contained in any other law for the time being in force or in any entry made in the record-of-rights last prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885, all land......cquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from payment of rent is unacceptable as because all the l......enancy Act, 1885, all lands in any district or part of a district or local area in respect of which a record-of-rights is prepared or revised under this Chapter shall be subject to the payment of fair and equitable rent determined in accordance with provisions of this Chapter and the rent so d......The undersigned is directed to say that lands acquired both under the Land Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made over to the requiring bodies under a deed of transfer allowi..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
.... defendant No. 1 and against the said wrong khatian Misc. Case No. 247 of 1966-67 was filed before the Sub-Divisional Magistrate, Feni who by his order dated 27.5.67 directed the parties to get their right established in civil court Hence the suit. 3. Defendant No.1 contested the suit by filing a...... to interfere with the judgment and decree of the lower appellate court decreeing the suit being O.C. Suit No. 6 of 1970 of the Second Court of Munsif, Feni. 2. Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belon......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ...... Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case. Furthermore, the important finding of the trial court, which seems to be correct, that defendants 4-6 are not the heirs of Samad Ali has not b..Category: Property Law | Date: | Hits: 43
....e were elaborate rate notes prepared with recommendation by the officials in the ministry on the basis of materials in the file forwarded by the Deputy Commissioner, Bagerhat. The High Court Division rightly found that the minister’s order could not be held to be bad merely because the Minister hi......ink it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which......ul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. .......................................B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....t, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of the transferor's family have a right to live. Once the partition decree is made in preliminary form the rest is for the Commissione......s Judgment November 2, 1987. Result: The appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of the transferor's family have a right t......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......en living in her father's house. Jagabandhu is the heir of Jadav. Jagabandhu transferred his share to defendants 3-10, who are strangers to his family. Hence the plaintiff filed the suit. 4. The trial court and the appellate court below found that the plaintiff was in possession of the homestea..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....itted that this evidence shows that the appellants shared the common intention to cause the death of Nanda Lal and Amar (appellant No. 1) executed that intention into action and thus all of them were rightly found guilty. We do not agree, because, in our opinion, there was no proper evidence given......nd order dated 14 February 1985 passed by the High Court Division (Jessore Bench) in appeal upholding the conviction of the appellants under section 302/34 Penal Code and sentence of transportation for life passed thereunder. 2. There was an occurrence in the night following 31 Aswin 1381 B.S...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... (P.W. 9) and Bishnupada Dhali (P.W. 11), both college students, were engaged in the rehearsal of a drama in the local club. The appellants before us, in fact, most of the accused who were put on trial in this case belong to the clan of Thakur of the said village. It is alleged that around mid-n..Category: Criminal Law | Date: | Hits: 80
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