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Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....who held post mortem examination on the dead body of Shamsul Huq. The Doctor found the following injuries on the dead body:— (1) One incised wound 1"x1/2"x muscle deep on the right just below the angle of right scapula (2) One incised wound 1"x1/2"x muscle......udgment of erstwhile High Court of East Pakistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 and 307/......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......peal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 and 307/34 of the Penal Code, and Criminal Appeal No. 3 of 1973 wa..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Article 10 of P.O. 50 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bail to persons convicted of offences under the two Orders. The provision of ......d the State, 19 DLR (SC) 38; Khalid Saigol Vs. The State (1962) 14 DLR (SC) 213, PLD 1262 (SC) 495; Lala Jairam Das and others Vs. Emperor, AIR 1945 (PC) 94; Superintendent and Remembrance of Legal Affairs, Government of Bangladesh Vs. Jobed Ali and others, 26 DLR page 1; Haji Md. Akil Vs. The State......4 is as follows: "The provisions of the Code, in so far as they are not inconsistent with the provisions of this Order, shall apply to all matters connected with, arising from or consequent upon a trial by a Special Tribunal or a Special Magistrate." Article 12 of P.O. 50 is as follows:— ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
.... Remembrance’s Manual, 1960 but also frustrated the object behind the elaborated provisions of that Chapter and that such an appointment resulted also in a denial to the prisoner of the right conferred on him by section 340 of the Code of Criminal Procedure and therefore rendered......and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by Abdur Rashid. On Thursday, the 5th of Poush, 13......on arose before the High Court whether appointment of an Advocate at State expense at an early date was enough or it was necessary also that the lawyer should be supplied with all necessary papers-fairly early so that he had time to think and to hold private consultation with the accused, if nec......ed to make a gift of some properties in favor of Maleka and that the prisoner had grudge against her. 5. The prosecution examines the six witnesses and the defence examines two. The learned trial judge found the prisoner guilty under section 302 of the penal Code and sentenced him to deat..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....962 in the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who s......in Second Appeal No. 486 of 1964 reversing the concurrent finding of the Courts below and decreeing the suit in favour of the heirs of deceased plaintiff Abdul Latif Bhuiyan who instituted the suit for pre-emption under the Mohammedan Law. 2. Facts in short necessary for disposal of ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... who proved that defendants are in actual possession of the disputed land according to their share since later part of Kartick, 1364 B.S. The Appellate Court concurred with the finding of the trial Court that the suit was barred by limitation. 9. In second appeal the learned Single J..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
.... Court of Munsif, Barisal which was, on transfer to the 6th court of Munsif, Barisal, renumbered as Title Suite No. 71 of 1961, against the respondents for establishment of their auction-purchased right and title in the suit land, for confirmation of possession in the alternative for recovery of......in Ahmed J.- This appeal by special leave is from judgment and decree of the High Court Division dated April 5, 1976 in Second Appeal No. 783 of 1962 dismissing the plaintiff appellant’s suit for title, possession and injunction, on reversing the judgment and decree of the lower appellate ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......il design was foiled when they, defendants, got the auction-sale set aside by filing an application under section 174(3) of the Bengal Tenancy Act making the plaintiffs party thereto. 4. The trial Court dismissed the suit holding, among others, that the plaintiffs, by their auction pu..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....t No. 1 Rama Bose, his widow, who inherited it in equal shares under the Dayabhag School of the Hindu law. Interest of defendant No 1 was however limited to her life span, the two sons having got right of reversion on her death. Defendant No. 2, it is alleged, by collusion and fraud, obta......;ned a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for transfer of the property the plaintiffs, it is contended, are not bound by the deed of lease. P......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......nbsp; Shahabuddin Ahmed J: This appeal by special leave arises from a judgment and decree of the High Court Division dated August 20, 1976 reversing the judgment and decree of the trial court and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 3..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......dhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the ru...... but dismissed it on the hearing, On behalf of the defendant who had sent the report of the proceedings to the editors of several newspapers it was published that the report was privileged, being a fair and accurate report of judicial proceedings before a competent tribunal acting judiciall......urt to withdraw the criminal case. In this background the G.R. Case No. 1695 of 1965 that is the defamation case by Dr. Jamshed Bakht was lodged against Ameenur Rashid Chowdhury. 6. Both the trial court and the appellate Court below found that the relationship of the complainant and the a..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....the State Acquisition and Tenancy Act. 3. Whether the non-consideration exhibits, F & G, which showed the splitting up of the Jama and extinguishment of the appellant’s right as co-sharer in the disputed land has led to an error and as such whether the learned S......ile Sakina Bai possessed the 'B' schedule land and structures. Thus, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-...... tenants, direct, by order in writing, such subdivision of a joint tenancy amongst the co-sharer tenants and distribution of rent thereof, including arrears of rent if any as he may consider fair and equitable: Provided that no such order shall be passed unless reasonable notice is given ......me Court related to non-agricultural homestead land within the municipality. The Supreme Court observed as follows:— "Because section 96 occurs in Chapter XIII the trial Court held that the right of pre-emption can be claimed in respect of non-agricultural land...Category: Property Law | Date: | Hits: 47
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......y Act, 1950 could be ignored by the Civil Court in a pre-emption case on the ground of irregularity in passing the order. Respondent No. 1 filed an application under Section 96 of the Act, for pre-emption of the transfer effected by his co-sharer (respondent) No, 2) in favour of the appe......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......t the application was not signed and subscribed by the pre-emptor but it was signed and subscribed by his co-sharer Gurudas Mondal, who, according to the suggestions made to the witness at the trial, was siding with the transferees. The learned Counsel appearing for the appellant ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....having been made without jurisdiction in a collateral proceeding. 13. The reason can be stated in the words of Asquith, LJ: "It is undoubtedly good law that where a statute creates a right and in plain language gives a specific remedy or appoints a specific tribunal for its enf......ul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……… Respondents Judgment July 13, 1978. Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdi......ribution of the rent payable in respect thereof, may, by order in writing, direct such division of the holding and distribution of rent thereof including arrears of rent, if any, as he considers fair and equitable, provided that— (a) no such orders shall be passed unless reasonable ......his order dated 17.4.63 again allowed the Misc. Case. Thereafter the appellate court below by its order dated 16.-11.64 in Misc. Appeal No. 50/63 dismissed the appeal and affirmed the decision of the trial court. Then the High Court was moved in Civil Revision No. 749/64 and by its order dated 25.1...Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... law. Injunctions are granted when the Court is satisfied (1) that the applicant has a prima facie case to go to trial; (2) that the protection is necessary from irreparable injury before his legal right can be established; (3) the mischief or inconvenience likely to arise from withholding ......passed by the High Court Division in the Civil Rule No. 652(s) of 1978. 2. The appellant is a Commercial Bank. The respondent 1 has filed a suit as plaintiff being Title suit No. 42 of 1977 for a declaration that the final notice of claim dated 5.1.77 made by the appellant against re...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......etter of guarantee is illegal and void for restraining the appellant from encasing the letter of guarantee and further, restraining the respondent 2 from honoring the said letter of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that t..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....e said application by filing written objection contending that the application under Order 22, rule 10 of the Code of Civil Procedure is not maintainable as on the death of the plaintiff the right to proceed with the suit did not survive. In the written statement, various other allega...... as follows: Other Suit No. 138 of 1966 was instituted by the plaintiff Shamsul Arefin Hazrat Moulana Mohammad Moksusar Rahman as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and perfor......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......dem of the "Dar barsharif" and he has been authorised by the Managing Committee to continue the suit. The learned Judge set aside the order of the Appellate Court and restored that of the trial Court. 17. The word ' 'Sajjadanashin", spiritual superior, is derived from the wo..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......bsp; Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an application for execution of a decree runs from the date when the final decree was pa......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......would run from that date. The plaintiffs appealed, and the High Court Division, by the impugned order dated July 31, 1979, set aside the order of the lower appellate court and restored that of the trial court and directed that the execution proceeding should proceed. Special leave has been ..Category: Procedural Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....of "Abdus Samad vs. Sohrab Ali” (1981) 33 D.L.R (AD) 113 the High Court Division was well founded in law to hold that the ''left out co-sharers of the pre-emptor" had no subsisting right of pre-emption and as such the non-Joinder of parties was not fatal to the proceeding. ......State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......s opposed on the ground that many other co-sharers by inheritance were not impleaded and that though this objection was railed at the earliest possible opportunity the defect was not rectified. The trial court allowed the pre-emption disregarding the objection, but the lower appellate court set ..Category: Property Law | Date: | Hits: 43
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....g of President's 0rder No. 27 of 1972, ten corporations were created, one of them being the Bangladesh Minerals, Oil and Gas Corporation. Subsequently, the Government of Bangladesh acquired exclusive right of exploitation and marketing of natural gas in Bangladesh under the provisions of the Petrole......ission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the AdÂministrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows: "In recognition to his all dedicated and efficient participation in......No. 16 of 1972). There can be no doubt that the vesting of shares of the company in the government under section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may......as Gas Transmission and Distribution Company Ltd, did or did not maintain the corÂporate chancier of a limited company when in 1972. It was nationalized under the proviÂsions of the Bangladesh Industrial Enterprise (Nationalisation) Order, 1972 P.O. No. 27 of 1972 and placed under the Corporation...Category: Employment/Service Law | Date: | Hits: 104
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....on to observe on the effect of the property becoming enemy properly and the relevant passage may be quoted: "Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of ......emaluddin Hossain CJ.- The question Involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellant for the grant of Letters of Administration on the ground that the properly in question being a......the Will became eclipsed and must remain suspended so long the enemy char actor of the property which has now been transformed into vested property, shall continue. So long as this state of affairs continues, the plaintiff cannot get any relief, but then since the title has become eclipsed ......nistration and the moot question railed on behalf of the Enemy Properly Authority was that in view of the notification of 3rd December, 1965 the Letters of Administration could not be granted. The trial Court found the Will genuine and granted Letters of Administration. On appeal a Division Benc..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriates for the enforcement of any of the fundamental rights conferred by part III of the Constitution but this power could be exercised in relation to on......o death by the Judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ Jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 3.8.78 in M.L. ......e. Monwara Begum (P.W. 23), a maid servant of the family, is the only eye-witness in this case. Illicit connection to grew up between the appellant and Monowara Begum and they had occasional sexual affair On April 18, 1978 at about 11 A.M when Saleha went out of the house, appellant lqbal took Monwa......uted for appeal before the Appellate Tribunal Clause (4) of RegulaÂtion 4 provides that the Government may, on review, set aside, vary or modify any order, judgment or sentence or make orders for retrial or such other orders as it necessary for ends of justice. Clause (4) gives very wide power to ..Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......d orders dated August 13, 1979 passed by a Division Bench of the High Court Division in two separate cases, namely, Criminal Revision Nos. 94 of 1979 and 61 of 1979. Short question for our consideration in these appeals is whether the Sessions Judge reviewing the proceeding of S......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. .......9.77 and Taka 3,100/ on 25, 10.77. When the Police party, as arranged previously, raided the office room of the appellant and recovered the aforesaid amount. The appellant was placed for trial under Regulation 11 of M.L.R. 1 of 1975 and the Summary Martial Law Court found him guilty of..Category: Criminal Law | Date: | Hits: 62
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
.... case the applicant will have to come to Court well within the period of limitation so that the direction given by the Court may be comÂplied with before expiry of the limitation. The Full Bench has rightly observed that this in some cases may have the effect of punishing the applicant. Legislature......¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte dec......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......eous Case on 10-1-74. In revision at the instance of the respondent the learned Single Judge of the High Court by his judgment dated June 10, 1977 set aside order of the S.C.C. Judge and directed the trial Court to accept the secuÂrity bond and to proceed with the MiscelÂlaneous Case according to ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......High Court Division held that the Kabala in favour of the plaintiff was invalid since the power of attorney was invalid as it was not registered and also because the authentication of the signature before the Magistrate at Alipore was not a legal authentication, since it was not authenticated by an ......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......he Kabala Ext. 3 e), and the power of attorney Ext. 4 on the basis of which the Kabala was granted, did not confer legal title to the plaintiff. The first appellate Court reversed the finding of the trial Court but on the legality of the docuÂment both the first appellate Court and the High Court ..Category: Others | Date: | Hits: 128
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