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Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... Syed Abdul Karim vs. Harendra Cnandra Dhupi, 14 D.L.R 847 which contains the following observation; "In the case of pre-emption became of the special provision of the Act, rights of the parties cannot be determined without considering the right of others. The princ......;desh in Civil Revision Case No. 1696 of 1968 in connection with the pre-emption case under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly ap......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......nable in the absence of contiguous land owned at named in the written objection. To meet the objection the appellant impleaded the persons whose names were supplied by the pre-emptee. At that trial only two points were pressed, namely whether the petitioners were the owner of the contiguous..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....will begin from the date of the final decree in second appeal and not from the date of the decree of the first appellate Court reversing that of the court of the first instance. In other words, ''the right to apply" for restitution as referred to in Art. 181 accrues on "the date of the final decree ...... Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under section 144 of the Civil Procedure Code is governed by Article 181 of Schedule...... part thereof as has been varied or reversed. Nor indeed does this duty or jurisdiction arise merely under the said section. It is inherent in the general Jurisdiction of the Court to act rightly and fairly according to the circumstances towards all parties involved." 16. This decision also does......Art. 182 will straight away apply thereto and the period of limitation, which is same as under Art. 181 i.e. three years, will start from the decree of the first appellate court reverting that of the trial court if no appeal it filed, but if an appeal is filed, from the date of the final decree of t..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... in view of the decision by the Dacca High Court in Chittaranjan Sutar's case that "sections 4 and 6 of the aforesaid Ordinance were void ab initio being in conflict with the fundamental rights guaranteed by the Constitution of 1962. (2) Whether in view of the fact that th......agree with Shahabuddin Ahmed J.; and although I agree with Badrul Haider Chowdhury, J. as to the result of the appeal but I do not subscribe to some of his reasonings to support the conclusion for allowing the appeal. So, I consider it necessary to give my own reasons on the questions invol......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ...... have gone through the judgment of Shahabuddin, J. and also those of Ruhul Islam, J. and Badrul Haider Chowdhury, J. who have concluded differently In view of the concurrent findings of fact by the trial court and the High Court Division and considering the facts and circumstances of the case, I..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....e whether it could be said that the second executions petition was within time. 2. The facts giving rise to these questions are that there was a suit for declaration of an easement right over the passing of water through a drain between the respondents and appellants. The suit w......peal by special leave is from the judgment and order passed by the High Court Division in S. M. A. No. 7 of 1973. The judgment-debtors are the appellants and have raised the following question for determination by this Court- 1. Whether section 14 of the Limitation Act is availa......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......e the question are "same relief" in the background of the application filed under section 151 of the Code by the decree-holder-respondents which was rejected both by the trial Court and the High Court Division. The relief sought in the application under section 151 of ..Category: Property Law | Date: | Hits: 54
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
.... Special Tribunal, is fully empowered to record a finding of guilty and award the legal sentence. 9. Mr. Shaukat Ali Khan lastly argued that appeal against conviction being a right, it has been specifically provided in section 30, but appeal against acquittal being also a r......nbsp; Ruhul Islam J.—This appeal by special leave arises from the judgment dated July 3, 1979 of the High Court Division in Writ Petition No. 109 of 1979. 2. Facts necessary for disposal of the appeal are that the appellants filed the above noted writ petition before the ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......he word judgment has been so construed in many other cases. 12. In the Code of Criminal Procedure the word "judgment" has been used to indicate the termination of the case on trial either by an order of conviction or acquittal of the accused. Sulaiman, J. in the case o..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....esh or any corporation constituted under any law for the time being in force and every person who on the basis of having at any time been in the service of Pakistan purports to claim any right to employment in the service of the Government. Article 6 reads as under:— ...... Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. Md. Misfor Ali and others…………………………&h......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......e order of removal the respondents filed a review petition before the Review Board. The police after investigation submitted charge-sheet against the respondents and they were put on trial before the Magistrate, 1st Class, who after examining four witnesses produced by the prosecut..Category: Employment/Service Law | Date: | Hits: 92
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....ed that the Khajanchi Bari landlords possessed the disputed land in khas. The plaintiff's case is that be was in possession and he leased out the plot to Jainab Bibi and then himself purchased the right of Jainab Bibi does not stand scrutiny because the evidence is that Exhibit 1 shows that the ......dash;This appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial......n of the suit he is not entitled to get any relief, the suit being barred by limitations The conclusion is in accordance with law. The High Court Division had summarily dismissed the appeal. In air fairness it must be stated in the case of judgment of reversal, justice demands a consideration of ......Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial Court but on appeal the lower appellate court dismissed the suit on reversing the judgment an..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......t of a Bench of the High Court Division passed in First Appeal No. 122 of 1976 on June 25, 1981. 2. The appellant instituted Title Suit No. 357 of 1974 in the 1st Court of Subordinate Judge, Dacca for ejectment of the respondent from the suit premises on the ground of default and bonafide requi......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......d not require the premises for use and occupation of the members of his family or for his business. He denied the service of notice under section 106 of the Transfer of Property Act. 4. Both the trial court and the High Court Division concurrently found in favour of the appellant regarding defa..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......ming benefit under a document executed by a pardanashin lady was not fastened with burden of proof to show that the lady had independent advice and she properly understood the terms of the deeds before she executed the same. 2. Facts in short necessary for appreciation of the questio......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......her brother used to look after and manage the property of her mother and having taken advantage of his position as such obtained the said documents on misrepresentation. The suit was decreed by the trial Court on taking the view that Meher Afzan Bibi was a pardanashin village woman and her son r..Category: Property Law | Date: | Hits: 57
....Judge of the High Court Division. Being aggrieved by the judgment of the High Court Division, the appellant moved this Court and obtained leave to consider whether the plaintiff-respondent's suit was rightly decreed in view of the Agricultural University Ordinance 1961 and secondly whether the sui......l No. 160 of 1972.
2. The plaintiff-respondent who is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......niversity godown resulted in financial loss to the University. Further the inquiry was held lawfully and every reasonable opportunity was afforded to the plaintiff-respondent to defend himself. The trial Court decreed the suit its decision was upheld by the first Appellate Court as well as the lea..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
.... mortgage under section 95 of the State Acquisition Act 1950 was 15 years and with amendment by ordinance no. XXI of 1969 maximum period for usufructuary mortgage was reduced to seven years. However, right of redemption subsists for sixty years. With amendment of the provision by P.O. 86 of 1972, th......II of 1951), Section 95. The maximum period of limitation of mortgage under section 95 of the State Acquisition Act 1950 was 15 years and with amendment by ordinance no. XXI of 1969 maximum period for usufructuary mortgage was reduced to seven years. However, right of redemption subsists for sixt......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......rs, bat no repayment having bean made within the stipulated period the transaction of sale become absolute and as such the plaintiff was not entitled to any decree for redemption or reconveyance. The trial court held that the transaction was an out and out sale and dismissed the suit but on appeal t..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....uld constitute majority in the Court. (b) There was provisions for an appeal to the Government in cases where the Special Martial Law Court would be divided in opinion; this was changed and the right to appeal was altogether withdrawn, leaving only a review of the Judgment of such Court by the......orrupt and Illegal means and by abuse of his official position and thereby pecuniary advantage of Tk. 4,58,631/-. In the other case the allegation was that the appellant during his tenure as Minister for Commerce and Foreign Trade from 19-2-74 to 14-8-75 by corrupt or illegal means and by abusing hi......l Haider Chowdhury J Shahabuddin Ahmed J Khondker Moshtaque Ahmed………………………. Appellant (In both the appeals). Vs. Bangladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeals). Judgment November 17, 1982. Result: ......strator as the authority for the review, but the review was not done by the Chief Martial Law Administrator and an order of review was passed by the Government on 6-10-77 long after six months of the trial. It shows the mala fide intention. 5. The learned Judges of the High Court Division repell..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220....... and others...................Respondent Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration Act, ......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......ancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration Act, such pre-maturity can be cured, if during trial the pre-maturity is cured with registration of the Deed, otherwise the pre-maturity will remai..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......n in Civil Revision Case No 1583 of 1976. Judgment: Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption under Secti......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......emptor, a contiguous land holder, is entitled to preemption of the whole if the land transferred consisting of seven plots out which hit land is contiguous to only two of such plots. Both the trial court and the lower appellate court answered the question in the affirmative, and the High Co..Category: Property Law | Date: | Hits: 66
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....en outside the provisions of section 144, Their Lordships observed: ''Nor indeed does this duty arise merely under this said section. It is inherent in the general jurisdiction of the court to act rightly and fairly according to the circumstances towards all the parties involved." 6.......Civil Revision No. 1034 of 1980). Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the provision for restitution as contained in section 144 of the Code ......he provisions of section 144, Their Lordships observed: ''Nor indeed does this duty arise merely under this said section. It is inherent in the general jurisdiction of the court to act rightly and fairly according to the circumstances towards all the parties involved." 6. It appears ......rder of preemption was ultimately set aside by the High Court Division in revision by an order dated 8 February, 1978 and pre-emption case was restored to file and it is now pending before the trial court, namely, 3rd Court of Munsif at Comilla. The appellant-pre-emptee filed in the meantime..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....he description of the definition of a person in the service of the Republic holding a civil post. These two aspects are required to be dealt with separately. Since the second aspect confers general right, it requires to be taken up first. The Constitution has divided persons in the service of the ......s. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the discipli......at the High Court Division on the application of any persons aggrieved, may give such directions or orders to 'any persons or authority, including any performing any function in connection with the affairs of the Republic as may be perpetrated for the enforcement of any of the fundamental rights c......ate authority. A reading of the Ordinance as a whole indicates that the Ordinance has first selected a class of police officers to be dealt with under this Ordinance. This Ordinance only deals with trials and punishments according to the procedure prescribed thereunder by the authorities who a..Category: Constitutional Law | Date: | Hits: 188
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......hul Islam J.—I have gone through the proposed judgment written by my learned brother Badrul Haider Chowdhury, J. and I find it difficult to agree with some of his reasons and the conclusions for allowing the appeal and setting aside the Judgment of the Election Tribunal. ......r's statement is correct then the result of the election must have been declared sometime after 11-30 A. M. 12. Rules 37, 38 and 39 have been framed providing sufficient precaution to ensure fair election. Failure of compliance of these provisions cannot be taken leniently in the abse......ast in favour of the respondent. 5. The election petition was contested by the appellant by submitting a written objection denying the allegations made in the election petition. At the trial 3 witnesses were examined by either side in support of their respective case. The Election Tr..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......he appellant, that he took signature on four sheets of blank white paper in his chamber purporting to show an amicable settlement of the dispute in M.R. Case No. 40 of 1978 which was pending before his Court. The allegation is that the Magistrate obtained his signatures on blank sheet withou...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......w the continuation of proceeding would amount to abuse of the process of Court and for securing ends of justice, such proceeding is liable to be quashed. To hold to the contrary is to put the trial court in teerem thereby undermining the very structure of the administration of Justice for ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....Constitution envisages a State, whose fundamental aims is to realise through the democratic process a socialist society, free from exploitation—a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all ......in alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 709; Amisminic vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary of State for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyer......urt jurisdiction over a military prisoner's application for habeas corpus, bars such courts from granting a writ of habeas corpus to a military prisoner, when a military decision has dealt fully and fairly with all allegations raised in the habeas corpus application. It was further held that a Fede......rested in Belgium contrary to Belgium law, and his arrest was not in compliance with the provisions of section 154 of the Army Act. It was also contended that the delay in bringing the applicant to trial was oppressive. It was held that, if a person is arrested abroad and is brought before a court..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....d be that it was a case of non-delivery of the same salt. In order to bring the case within section 6 of the Admiralty Act, the High Court Division assumed that it was a case of non-delivery of the right type of salt and then devoted a considerable portion of the Judgment, for coming to the conclu......e of arrival of the ship was 27th January, 1978. The ship, however, reached Chalna on 1st April, 1978. On arrival of the ship the plaintiff took the stand that it was not the salt which he contracted for and the salt was clogged. The dispute centred round this point. Eventually, the salt was unloade......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......nts, the ship owners, that the plaintiff knew at the time when the goods were shipped, that the vessel was intended to proceed to Dunkirk via Glasgow and in substance agreed to her so proceeding. The trial Court held that there had been a deviation and gave judgement for the plaintiffs. It was con..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
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