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Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in his name and the complainant had no right and possession in that land and that there was no hut there ; that the complainan...... Criminal appeal No. 83 of 1983). Judgment: M H. Rahman J. - In a trial for house-trespass and mischief by fire on a dwelling hut the trial court convicted the two a......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nch in Criminal appeal No. 83 of 1983). Judgment: M H. Rahman J. - In a trial for house-trespass and mischief by fire on a dwelling hut the trial court convicted the..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....aint so as to include such a prayer at any stage of the proceedings if the court considers such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md.......ught to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. 87 of 1969, recipient of the sale-deed namely, the appellant prayed for establishment of her title on the basis of the said sale-deed. The sale-deed has been held 'voi......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ...... In the result, the judgment and decree of the learned Single Judge of the High Court Division is modified to the extent that the direction for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no or..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....ight Bruce observed: "The power of the manager for an infant heir to charge an estate not his own Is. under the Hindu Law, a limited and qualified power. It can only be exercised rightly in a case of need or for the benefit of the estate” 7. In Prosanna Kumari...... M.H.Rahman J.-The respondents, on behalf of the deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The pl......y of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the akhara of the deity. At that time Jahnabi Baisnabi, an old bhandari, used to manage the affairs of the deity. From her defendants Nos. 1, 4 and 5 took bhag settlement of the suit land for 1...... as the sebait and that plaintiff No.1 Monindra Lay Roy, in the name of the allegedly constituted management committee, falsely instituted the case for harassing defendant No. 1. 3. The trial court dismissed the suit, but on appeal the matter was remanded for fresh trial for giving an..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....tenants by the landlords and as such Hedayet Baksha or his heirs never acquired any interest in the suit property. 10. The appellate court, on the other hand, came to the conclusion that the right, title and interest by Hedayet Baksha in 6.5 pakhis of land out of the suit land had been sub......urt Division, Dhaka Bench, in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the sui......1320 B.S. leaving his wife Jobeda Khatun and children. It seems after the death of Elahi Baksha his brother Hedayet Baksha lived in the house of Jobeda's father for some time and looked after her affairs. The land in C. S. Khatian No. 105 (5.16 acres of land) of Mouza Kaliganj originally belonge......n of their hostile title to the knowledge of all including the heirs of Hedayet Baksha. 5. The trial court on consideration of the evidence dismissed the suit and the finding was that no evidenc..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....at the defendants raised some pucca structures in violation of the terms of the lease "their possession as adverse to the knowledge of the Municipality which as such both of them acquired tenancy right by adverse possession". Lastly, it was found "that after the wholesale acquisition the Governm......Court Division in S.A. No. 402 of 1975. 2. Plaintiff-respondent instituted Title Suit No. 106 of 1965 in the 1st Court of Subordinate Judge Mymensingh, against the defendant appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh to......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......ition of the rent receiving interests the said land vested in the Government and the defendants had become tenants directly under the Government and the Government had also recognised them. 5. The trial court upon consideration of the evidence and facts and circumstances of the case dismissed the..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....quisition Appeal No. 26 of 1976 to the Additional Commissioner, defendant No. 5 who, without-considering the real facts, dismissed the appeal Plaintiffs then filed the aforesaid suit to protect their right to property. 6. Defendant No.1 and defendant Nos. 2-6 filed written objections against pla......t has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provides remedy for any mala fide action in respect of acquisition under the Act and the appellant took advantage of......r Chowdhury, J. Order of the Court By the 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) 1. ......ide requiring Court's requiring thereof, but the point can only be determined conclusively if after taking evidence, both oral and documentary, the allegations are proved. This could be done at the trial which, unless the Civil Court had jurisdiction to entertain the suit, could not be held Accord..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... She recognised seven accused persons but could not recognise three other persons. The accused whom she recognised are Muslim, Kamini, Misri, Kanu, Nannu, Meghu and Juma. Accused Muslim struck on the right side of the chest of the deceased with dao. She embraced her husband for protection when Meghu......0th May, 1983. 2 Facts as stated in the ejahar which was recorded by Officer-in-Charge, Kuliarchar P.S. are that on the night of 31st Bhadra, 1386 B.S. corresponding to 17th September 1979 when; informant Majeda Khatun was sleeping with her husband Idris Miah and two daughters, Minara Khatun and ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......udgment Feb 20, 1986. Result: The Appeal is allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innoce..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......tal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of the pr......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ode, 1898 (V of 1898), sections 265H, 265F, 265C & 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witne..Category: Criminal Law | Date: | Hits: 38
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......Estate Officers as specified in the Schedule of the said Notification, to sign and verify the plaint or written statement in a suit by or against the Government. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Defence, under sub-head "Military...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... Shahabuddin Ahmed J.- In this appeal by special leave the only question for consideration is whether the learned Single Judge of the High Court Division is well-founded in law in upholding the trial Court's decision that the Deputy Commissioner is competent to file written statement in a suit..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....s. Satya Choron Requittee, AIR 1979 SC 1682, where it was held: "All the Shebaits were, therefore, necessary parties but all of them have not been impleaded. The trustees by themselves have no right to maintain the suit in respect of the debattar property the legal title to which vests in t......testing witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the agreement……(12) ......t challenge the validity of the document…………………..(13 & 14) The question of impleading all Shebaits does not arise as because all of them were not involved in managing the affairs of the deity and the development committee. Non impleading of all those Shebaits shall not ren......ment committee. Non impleading of all those Shebaits shall not render the suit bad for defect of parties. Moreover, the defect of party has neither been impleaded nor any such issue was framed during trial…………………..(19) Cases Referred to- Bhagwan Singh vs. Ujagar Singh, AIR 1928 P..Category: Criminal Law | Date: | Hits: 88
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....ecided on its own merit. The order that election of the returned candidate is void and the petitioner has been duly elected, passed by the Tribunal and affirmed by the learned District Judge has been rightly passed, which ought not to have been interfered by the High Court Division. The Appeal is al......the High Court Division, Rangpur Bench, in Civil Revision No. 228 of 1985. Appellant filed an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ejection of the respondent as void and seeking the declar......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......the petitioner or some other person has been duly elected; or (b) that the election as a whole is void." In this case, the appellant prayed in terms of Clause (a) and the Tribunal after trial made such orders, namely, that the election of the respondent is void and the appellant has be..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
.... within two months his application for rateable preemption ''shall stand dismissed”. This order being capable of automatic operation, it became final when the default occurred and the trial Court rightly refused extension of tide on the groused that it became functus officio. 9 Mr. Gafur next...... the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to ra......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......osited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to raise this question in giving effect to the condition in the orde..Category: Property Law | Date: | Hits: 51
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Criminal Procedure no vested right accrues to the accused to be tried under the unamended law………….(8) Trial in a......sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......ode of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Criminal Procedure ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....he dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defendant claimed the right to sit on Tuesdays and Fridays of the week. The trial Court decreed the suit and this was a......ainst the defendants; and (l) to grant such other relief or reliefs to which the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tanga......ld at regular intervals in a fixed place, if it is not held by virtue of a franchise or under statutory authority, is not in law a market, and cannot enjoy the privileges of a franchise market or fair." 34. In paragraph 741 of the same volume there is discussion on limitation of power of the ......of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defendant claimed the right to sit on Tuesdays and Fridays of the week. The trial Court decreed the suit and this was affirmed by the Appellate Court. On revision the High Cour..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ...... Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unl......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......mises and was a defaulter are finding of facts. As for the third point, namely, whether the agreement is void Mr. Khondker argued that the learned Single Judge erred in law in holding so. 8. The trial court had found that the tenant was a defaulter the revisional court came to the finding that ..Category: Tenancy Law | Date: | Hits: 65
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....isable in a full-fledged appeal, which plainly is apt the intention of the Constitution-makers. When there is jurisdiction to decide a particular matter then there is jurisdiction to decide it rightly or wrongly and the fact that the decision is incorrect does not render the decision with......d Rangpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is available to a person for challenging the order passed by......re defeated, incur lot of expresses during the election campaign. Right to be elected as a Member Chairman of a Union Parishad has been conferred and regulated by the Ordinance. In addition to the fairly elaborate provisions of the Ordinance, detailed rules have also been framed. If there has be......te. (3) An election petition shall be presented, in such manner as may be prescribed to the Election Tribunal appointed under section 27. 27. Appointment of Tribunal.- (1) for the trial of election petitions, the Election Commission shall, by notification in the official Gaz..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....y in the womb of a woman. He was reared up according to his own statement by Amir Ali who introduced him in the society as his son and he was reared by Zohura who admittedly had no issue from 1935 right upto 1953, not a word was said by challenging the acknowledgement of a sonship by Amir Ali. F......tan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further ......e that the witnesses can safely be discarded as being partisan witnesses. They were obviously hostile to one another and it is clear that neither was over scrupulous in what he swore to one may be fairly set off against the other as neither can be safely trusted. But the battle was fought on th......ng defendant Khorshed Alam was born in 1933. On Monowara’s death in 1935 Amir Ali married Zohura Khatun in 1935 who later died in 1966. On the averments stated above the suit was brought out. The trial Court as well as the appellant Courts below discarded the defence case and decreed the suit...Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....as it was a case of first impression. 10. Section 2(2) defines decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regards to all or any of the matters in controversy in the suit and may b...... 1967. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition.......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......nd others…………………………….Respondents Judgment January 15, 1986. The Civil Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged t..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....ote No. 5 held by the Collector on 24th June 1953 and sold to the defendant-respondent was done without jurisdiction and was, therefore, void, invalid and inoperative. The sale did neither confer any right upon the defendant-respondent nor did it affect the plaintiff-appellants' interest in Schedule......d no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred ......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......be dismissed. 5. Trial court dismissed the suit First appellate Court allowed the appeal in part (O.S Appeal No. 387 of 1961) holding that the sale was without jurisdiction and void but that the trial Court's finding of possession In favour of the respondent was right. Defendant preferred Sec..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....n Civil Revision No. 184 of 1983.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the learned Single Judge of the High Court Division rightly interfered with the appellate Court's judgment holding that the respondents are tenants of t......order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 of 1983.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the learned Single Judge of the High Court Division rightly interfered ......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......lication, remanded the appeal to the Subordinate Judge for rehearing. Thus after re-hearing the appeal the learned Subordinate Judge by his judgment dated 24-4-83 allowed the appeal, reversed the trial Court's judgment and decreed the suit finding, among other things, that the plaintiff got ti..Category: Property Law | Date: | Hits: 37
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