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Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....e 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as provided in rule 8. For protecting the rights of the parties or for securing the cause of justice. However the court can pass an order of i......ers ...................Respondents Judgement April 8, 1987. The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as prov......of the properties relating to their running cinema business will cause dislocation and greatly inconveniences them. 4. As no one appeared for the respondents the learned Counsel for the appellants fairly placed before us the decisions that seem to support his contention and the decisions that are......gement and order dated 20th April, 1986 passed by the High Court Division, Rangpur Bench in Civil Order No. 250 of 1986.) Judgment: M. H. Rahman J. - Leave was granted to consider whether the trial court erred in law in issuing a Commission for inspection and for preparation of an inventory ..Category: Civil Law | Date: | Hits: 94
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
.... homicidal in nature resulting in the death of the injured person. Defence suggested to him that two surgical operations performed on the injured was the cause of death; he rejected the suggestion outright. This suggestion is found to be the only basis of the learned Judges entertaining "some faint ......p; 307/34 Reversal of the appellate Court's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the occurrence. In view of......antu might perhaps have survived in the absence of the said two major operations or would have been cured in the event of any successful operation. However faint the doubt may be, benefit must in all fairness go to the respondents". In this view of the matter, the learned Judges found the accused gu...... was removed first to the Pabna Hospital and from there to Rajshahi Medical College Hospital for treatment, but he succumbed to the injuries two days later. The respondents and two others were put on trial on a charge of murder committed by them in furtherance of their common intention. They pleaded..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....nance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduc...... 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties. Consideri......e waiver is a question of fact and is to be taken at earliest opportunity and must be established on evidence. The present case is an example of waiver and acquiescence. Mr. S.R. Pal, learned Counsel fairly submitted that if rent-receipts series are considered in the light of the oral evidence men t......f this case the opinion is that the defendant had made out a case of waiver and acquiescence and the judgment of the High Court Division passing a decree of eviction is liable to be set aside and the trial Court was correct in dismissing the suit…………………..(19 & 20) Cases Referred to- ..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....o.1 refused to deliver plaintiffs share of the borga crop in 1376 B S. and also refused to vacate the land on demand and thereby dispossessed the plaintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the...... plaintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the plaintiff was constrained to file this suit for declaration of title and khas possessions. 3. Defendant-1 Appellant contested the suit ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) in Second Appeal setting aside the judgment and decree of the court of appeal below and restoring those of the trial court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
..... Justice Nurul Hoque Bhuiyan) of the High Court Division who heard the revision case made the Rule absolute holding that as respondent No. 1 was possessing .02 acre of land in plot No. 404, a right has been created under section 53A of the Transfer of Property Act. Accordingly, respondent ......eptember 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advo......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....n was made had been destroyed by burning, observed: "The pieces of the deed filed in the appellate court evoke reasonable suspicion about its genuineness and the learned Subordinate Judge rightly rejected it.” 35. When the plaintiff failed to prove his title to the suit premises ......xpressed in the judgment by my learned brother MH Rahman J. 2. Facts are simple. Plaintiff is the appellant. He filed the suit being Title Suit No. 264 of 1977 in the Court of Munsif, Chandpur, for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusi......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ...... Nos. 4 and 5; that the sons of Surendra are Indian and hence after the death of Surendra it becomes enemy property and the Assistant Custodian leased out the property to defendants 3 to 5. The trial court dismissed the suit. It was affirmed by the appellate court and the High Court Division d..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
.... Madaripur, Enemy Property (Lands and Building). In the plaint he could explain his stand, but he did not do so. In his lease application he was also silent about his contract. The Appellate Court rightly drew an inference adverse to the plaintiff. The defendants were admittedly in. possession o......M. H. Rahman J. - This appeal by leave is at the instance of defendant Nos. 2 and 5. 2. Respondent No.1, Han Mohan Das, filed Title Suit No. 45 of 1972 in the 1st Court of Munsif, Madaripur for specific performance of the contract, the defendants alleged to have entered with him on 10th ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......he plaintiff fabricated a forged document. 4. After considering that P.Ws. 2, 3 and 4 supported the plaintiff's case and that defendant Nos. 1, 3 and 6 did not come to contest that case the trial Court decreed the suit. 5. The appellate Court, however, reversed the decision of the..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......983 summarily dismissing the application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Title Suit No. 262 of 1975 in the First Court of Munsif, Gopalganj for a declaration that order of mutation dated 10.5.1975 was null and void and not binding upon the......tice. Mr. Abdul Malek a Senior Advocate voluntarily offered his service to appear and conduct the case on behalf of the appellant and also as amicus curiae. 9. Mr. Abdul Malek fairly placed the facts of the case and then placed the scheme of Order 32 of the Civil Procedure ......nama nothing was mentioned about any consideration but in the evidence the defendants took the stand that they paid Tk. 5,000/- as consideration of the compromise. This story was disbelieved by the trial court. 5. On appeal by the defendants the Appellate Court below noticed that th..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......inst a summary rejection of an application under section 115(1) of the Code of Civil Procedure. 2. Plaintiff-respondents' Title Suit No. 194 of 1973 in the Court of Munsif, 1st Court, Pabna for declaration of title and confirmation of possession was dismissed by the trial Court. On ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......il Procedure. 2. Plaintiff-respondents' Title Suit No. 194 of 1973 in the Court of Munsif, 1st Court, Pabna for declaration of title and confirmation of possession was dismissed by the trial Court. On appeal that suit was decreed on 4th April, 1983. Defendant 1, the Government, ..Category: Procedural Law | Date: | Hits: 102
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....(P. W. 20) who had allegedly illicit connection with P. W. 7, Hamida. Aftabuddin was tendered by the prosecution, but was not cross-examined by the defence. Ukiluddin denied the suggestion outright. Thus the whole defence case suggesting the murder at the instance of Golam Ali, Ukil and Aft...... lying almost dead with multiple injuries; he raised alarm whereupon the mother and the second wife of Elias appeared on the spot, followed by many others of the locality, including Ayub Ali, the Informant, found Elias lying injured and heard the names of his three assailants namely, the appella...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......ction with Hamida, second wife of Elias and that these people, acting in conspiracy with Golam Ali, caused the murder by bringing hired assassins from Barisal. On consideration of the evidence the trial Court held three of the accused, namely, the appellants, guilty of murder committed in f..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....stodian; (b) vest, or provide for and regulate the vesting, in the prescribed Custodian such enemy property as may be prescribed; (c) vest in the prescribed Custodian the right to transfer such other enemy property as may be prescribed, being enemy property which has n......owdhury died leaving respondent Nos. 2-6 as his heirs. 2. Appellant instituted Mortgage Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against respondent Nos. 2-5 for sale of the mortgage property for realisation of mortgage dues. Permission of the Board of Reve...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......ttachment, seizure or sale in execution of a Civil Court decree or orders of any other authority’. 23. This objection was accepted and the Execution case was dismissed by the trial Court by Its order dated 28 January 1970. But the decree-holder challenged this order by an a..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....red by my learned brother, A.T.M. Afzal, J, but as I could not agree on the reasons for which acquittal of the respondents is sought to be supported I am giving my own reasons against their outright acquittal. 2. The six respondents were convicted for murder and sentenced to death by ......; Shahabuddin Ahmed J. - I have gone through the judgment proposed to be delivered by my learned brother, A.T.M. Afzal, J, but as I could not agree on the reasons for which acquittal of the respondents is sought to be supported I am giving my own reasons against......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......s family against them as they had opposed anti-social activities of these three notorious thieves. Prosecution examined 10 witnesses and the defence examined five witnesses. On these materials the trial Court found six out of 14 accused put on trial guilty of murder. But the appellate court arri..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....y filing written statement contending, inter alia, that the suit is not maintainable and barred by estoppel, waiver and acquiescence, declaration if granted, would affect the accrued and vested legal rights of third parties. Trial Court decreed the suit declaring that the seniority list which was pr...... concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test examination and interview, selected for appointment as Senior Account Assistants. In the list prepared in order of merit respondent No......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......ion l8(a)of the Bangladesh Biman Corporation Employee (Service) Regulations, 1979 and was, therefore, illegal, void and without any binding force. 6. On appeal, being Title Appeal No. 146 of 1985, trial Court’s judgment and decree were affirmed by the learned District Judge. Appellant Corporati..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....f Ali, Lalu and Kabir together and on his query they said, that they are going to Srimongal. P.W. 18 Nikhil Ranjan Dey stated that on 3.5.76 at about 1.30. p.m. a man came to his pharmacy with his right hand wrapped up in a gamcha. His right hand covering his palm and the fingers showed injury ma......leave is directed against an order of acquittal passed by the High Court Division in Criminal Reference No. 1(C) of 1982 and Appeal No. 40(C) of 1982. The High Court Division rejected the reference for confirmation of sentence of death of accused No. 1 and allowed the appeal after setting aside ......d him that he would kill the member and wanted his assistance, which was however refused by him, that Kabir informed Lalu's father about the 'plan' but the latter showed indifference to his son's affair, that he went to Sreemongal followed by Lalu and the member who were going there together, that......ter investigation submitted a charge-sheet under section 303 and Kabir was charged under sections 201 and 302 B.P.C. The prosecution examined 25 witnesses and the defence examined none. 4. The trial court on consideration of the evidence came to the conclusion that accused Lalu committed the ..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
.... any fraudulent intention in resuming his own business and as such there was no ground for restraining the use of the Trade mark in his name. It was contended that appellants No.1 and 2 got no right to speak or do anything on behalf of the company, 5. The learned Single Judge, as alre......ent No. 1 is the Chairman and appellant No. 1 is the Managing Director. This arises in a winding up proceeding under section 162 of the Companies Act, namely Company Matter No. 21 of 1986 pending before the High Court Division, 2. The application for winding-up the company was filed by re......ppellant started to deteriorate. He further alleged that appellant No.1 suddenly submitted resignation from the office of Managing Director and thereby created dead-lock in the business and affairs of the company since affairs of the company were so distributed between the Chairman and the ...... learned Single Judge of the High Court Division dated 26 June 1986 refuting temporary injunction to restrain the respondents' use of a trade name, “Ciproco Computers”. The learned trial Judge took the view that "there is a gulf of difference between the ''Ciproco Computer&q..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......gment M. H. Rahman J. - The appellant entered into a contract with respondents Nos. 1-4 for supply of bricks. A deed of agreement was executed on 20th June, 1975. Subsequently a disp......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ...... restoration of a review application, contained in sub-role (2) of rule 7 of Order 47 of the Code, is subject to Article 160 of the Limitation Ace. The applicant is to satisfy the Court within trial fixed under Article 160 of the Limitation Act, that he was prevented by sufficient cause from..Category: Civil Law | Date: | Hits: 84
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... It appears that the learned Counsel has been trying to reopen the question as to the nature of the sale-deed, Ext. 1, dated 24 August 1959. On the very face of it, Ext.1 is a sale deed evidencing outright sale of the suit land by defendant No. 2 for a consideration of TK. 30,000/-. It also contai....... Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is whether the High Court Division is well-founded in law in holding that the plaintiff-respondent's suit for permanent injunction against the defendants-appellants is maintainable. 2. Plaintiff-respo...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......hed by the defendants' adverse possession of over 12 years; that in these circumstances the suit for mere injunction without a prayer for establishment of title is not maintainable. 4. Both the trial Court and the lower Appellate Court concurrently found that the instrument of transfer, Ext.1,..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... Lawyers Involved: S.R. Pal, Senior Advocate instructed by Kazi Abdul Hoque, Advocate-on-Record—For the Petitioners. Not represented- The Respondents. Civil Petition for special leave to Appeal No. 301 of 1985. (From the Judgment and Order dated 24.7.8......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......ed in Miscellaneous Case No. 360 of 1966, Aswini got his jama split up In Miscellaneous Case No. 236 of 1963-66. Benode got his jama split up in Miscellaneous Case No. 273 of 1965-66. 4. The trial Court allowed pre-emption and that order was affirmed by the appellate Court. In revision the..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....subsequently transferred the same to defendant Nos. 2, 3 and 5. In view of the testimony of the witnesses of the parties inconclusive as to the parentage of the plaintiff, the appellate court rightly dismissed the suit when the documentary evidence as to the ownership, use and mode of trans...... M.H. Rahman J. - This appeal by special leave, at the instance of the heirs of the plaintiff, has arisen out of a suit for partition. 2. The appellants' predecessor Debendra Chandra Mondal instituted Title Suit ......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ...... had only one son in defendant No.1 who by a registered deed of gift gave the land to his only daughter Laksman Dasi who in her turn sold the same to them. 5. The suit was decreed by the trial Court after finding that the defendants' witnesses failed to prove that Nagar was not the so..Category: Property Law | Date: | Hits: 37
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......pa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972). 2. Facts are: Respondent No. 1, namely, Bangladesh Shilpa Rin Sangstha, hereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of District Judge, Dhaka against the appe......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ...... Bangladesh Shilpa Rin Sangstha & others…………Respondent Judgment July 14, 1986. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: S..Category: Business or Commercial Law | Date: | Hits: 100
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