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AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed....... April, 1987 passed by a Single Judge of the High Court Division (Jessore Session) in Civil Revision No. 246 of 1986 making the Rule absolute and dismissing the suit upon setting aside the concurrent decision of the Courts below. 2. Plaintiffs instituted the aforesaid suit in the Court of the As..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......dlord, the tenancy has ceased and the substituted heirs of the landlord will have to sue the tenant‑respondent afresh as a trespasser and not as a tenant. 17. In the same decision it has been held that the tenant did not enter the premises wrongfully and so his continua..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... to be an award. 12. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the Contractor-respondent, submits that Mr. Monirul Islam had applied his mind to the dispute and gave a decision in the dispute. There is no gainsaying the fact that the Superintending Engineer was the ..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......the agreement of tenancy. 8. The High Court Division found fault with the finding of fact of the trial Court in the following manner. "In the instant case the decision of the learned Small Cause Courts Judge is not based on any evidence rather it is based o..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......y was imposed illegally in 1985 under the Rules of 1984; that the imposition of the major penalty of dismissal while the Enquiry Officer recommended a minor penalty was not justified; and that the decision taken after three years of the submission of the charge sheet smacked of malafide on the p..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......; 7. The plaintiffs preferred a second appeal. The High Court Division set aside the decree of the lower appellate. Court and restored that of [lie trial Court on the ground that the decision of the lower appellate Court "is not based on any evidence or materials on record but..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......a Chakraborty, did not show that Rani Proshad ever accepted the rent from the plaintiffs. The findings of the trial Court were not reversed by the appellate Court, after giving the reasons for its decisions, as required under rule 31 (c) of Order XLI of the Code of Civil Procedure. As they have ..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......others ATM Afzal and Latifur Rahman, JJ; I concur with the judgment of ATM Afzal, J. MH Rahman J.- I have read the draft judgments of brothers ATM Afzal and Latifur Rahman, JJ; I concur with the decision of ATM Afzal, J. ATM Afzal J.- This appeal by leave at the instance of the State is fr..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......al or making the application within the statutory period. It does not say that the only medium through which the Court can be satisfied is by way of a separate application". 8. In that decision a reference was made to Mt. Kulsomun Nissa and another Vs. Noor Mohammad alias Sultan Hai..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ....... The learned Magistrate on receipt of the judgment in TS No. 502 of 1987 of the 2nd court of Subordinate Judge, Dhaka shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allow..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... of the suit without a finding that if exparte decree against defendants 10-17 was null and void, the compromise decree against defendants 1-9 could not be maintained." 6. In that decision the compromise decree was upheld and it was ordered that the ex parte decree against defe..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......ral appearing for respondents Nos. 1, 2 and 3 supported the view taken by the High Court Division. The learned Counsel for respondents 4 and 5 while supporting the impugned Government order and the decision of the High Court Division, contended that the alleged deed of exchange and power of atto..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......t’s appeal by leave and directed against judgment and order dated 6 February, 1986 passed by a Single Judge of the High Court Division, Chittagong Bench, in revision upholding the concurrent decision of the Courts below decreeing the suit being OS No. 85 of 1975 of the 5th Court of Assista..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... order of acquittal is, therefore, upheld. The appeal is dismissed. ATM Afzal J: I have gone through the judgments written by my learned brothers MH Rahman and Latifur Rahman JJ. I agree with the decision of brother. Latifur Rahman J: I had the privilege of going through the judgment of my ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 1985, has answered the question in the negative over turning the trial Court's decision given in Title Suit No. 391 of 1983 of the Sixth Court of Munsif, Dhaka, which was filed by..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......rvation as quoted above. However, upon examining the grievance of the appellant with reference to the evidence on record and circumstances of the case we have come to the conclusion that the ultimate decision of the High Court Division was right, if only lacking in consideration of the grievance o..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rt and his sentence was reduced to transportation for life. 16. In the appeal by the accused before the Federal Court, reliance was placed in support of the High Court Judgment on the Full Bench decision in the Case of Bawa Singh Vs. The Crown, ILR 1942 Lahore 129. In that case it was held that..Category: Criminal Law | Date: | Hits: 55
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......at the court in its discretion may grant or refuse bail and also may stay realisation of the fine. But he contends that attaching any condition to bail is not permitted by law. He has referred to a decision of the Pakistan Supreme Court in an unreported case, Criminal Appeal No.9-D of 1969, in whi..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......ourt cannot allow a fraud to stand. In support of his submission he has referred to the following decisions; 59 C.W.N. 1082, 11 DLR (PC) 143, 9 DLR 601 and 13 DLR 101. 10. Going through the said decisions it is found that not only the facts of the said cases are different but they also do not s..Category: Property Law | Date: | Hits: 24
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......Court Division appellant Society moved this Court and obtained special leave to appeal in the following terms: "Mr. S.R. Pal, learned Counsel, appearing for the petitioner, canvassed that the decision for granting lease for 3 years by order dated 13.3.85 could not be interfered with, inasm..Category: Property Law | Date: | Hits: 34
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