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Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......or Advocate instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner A.S.M.Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No.30 of 2002. (From the judgment and order dated 21.10.2001 passed by ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......ke then also it Is clear that Manitara left this country after 16th February, 1969 and from this point also the suit land could not be enlisted as enemy property. The trial court took into consideration inquiry report without examining the Magistrate which was not ..Category: Property Law | Date: | Hits: 51
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositing the r......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ...... connivance with one another and the accuseds are very near relatives. We cannot consider the defence case sitting under section 561A of the Code of Criminal Procedure. The truth will come out in the trial after adducing of evidence by the parties in the trial Court. However, from our meticulous rea..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......haled Ahmed, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record- For Respondent No. 1 Not represented-For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by t......ion is Joint District Judge (previously Subordinate Judge) and has been appointed, in the present post by transferring him by notification issued by the Ministry of Law, Justice and Parliamentary Affairs and under the Order of the President and in consultation with the Supreme Court and the noti......ondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 2000 under the Adalat Act is also without lawful authority. 5. The trial court after hearing the parties rejected the said application by order dated 15.03.2001. ..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....pellant herein did not owe any amount to the Bank, i.e. plaintiff of the Artha Rin Adalat case and that auction purchasers in the Execution Case No. 96 of 1991 by their purchase have not acquired any right, title and interest in the land belonging to the appellant. 11. The contention of the appe......seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis of the Title Suit No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the so......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......direction to return the plaint is illegal and not sustainable in law and that the High Court Division ought to have considered the appeal on merit i.e. whether the plaint was legally rejected by the trial Court. 8. The Artha Rin Adalat Case No. 55 of 1990/82 of 1982 was filed before the Artha R..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....o barred by the provision of Section 42 of the Specific Relief Act. The appellate court being the final court of fact also dismissed the appeal holding that the plaintiff Jailed to prove any legal right and also found that they did not participate in the tender as such held that the plaintiffs h...... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 p......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......n filed on 24.4.1994 under Order 7 Rule 11 of the Code of Civil Procedure be rejected with cost. 10. The application for rejection of plaint was heard in presence of both the parties and the trial Court by the order dated 10-5-1994 rejected the plaint. 11. Thereafter, the plaintiff-..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: .............................. Appellant Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. Result: The appeal and the petition for special leave are dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ...... the ConstituÂtion. 3. Syed Ishtiaq Ahmed, learned Counsel for the appellant, has reiterated that ground and also submitted that the Respondents BaÂngladesh, etc. having been substituted in the trial Court in April, 1972 which was before the coming into operation of President's Order No. 69 of..Category: Others | Date: | Hits: 106
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....ion of tenancy. This statutory estoppel, therefore, binds the original contracting parties and at the time of the creation of the tenancy. The section does not estop a tenant from denying the right, as his landlord, of a person who claims to have succeeded to the landlord who put the tenant......sp; Kemaluddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appel...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......hough it was not so stated in the Judgment. The tenant-defendant was not estopped under section116 of the Evidence Act from denying the appellants title and so he reversed the decision of the trial court and directed the return of the plaint for presentation of the plaint before the pro..Category: Property Law | Date: | Hits: 44
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....he Plff-Debuttor Estate have been prepared or published in terms of the Act a 1 Rules thereunder; (5) that the Debuttor Estate is not acquirable under the Act in view of the fundamental rights granted by the Constitution; (6) that the plaintiff is entitled to continue in po......appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......e question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holdin..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....gs of the Court of appeal below, and has, citing the authority of some Privy CoÂuncil decisions, held that in such cases indeÂpendent advice is not required, and what is required, is that the donor rightly understood and intended to execute the deed of gift. It was also held that in the present ca......jan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughter, and the first plaintiff, distant kindred, is the only heir of Sujan Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift ......ned the documents by exercise of undue influence. On appeal the Court of appeal below reversing this decision held that when the pardanashin lady though illiterate was capable of managÂing her own affairs, the onus was not on the defendants, the beneficiaries of deeds, to prove that the documents w...... and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution of the documents, and that in so doing she got indeÂpendent and disinterested advice. The trial Court held, that the grandsons (defendants 1 and 2) carried burden of proving that the lady go..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....to justice. 5. In the case of Nagendra Shyam Vs. Emperor, AIR 1923 (Rangoon). 31, in a Full Bench of Rangoon High Court it was held that the Magistrate having taken cognizance of the offence it is right and proper that he should bring to justice all those persons wheÂther originally mentioned or......olice case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance agaÂinst these appellants………………(10) The Magistrate has been given the power for using discretion whether to proceed by way of issuÂing processes or not by the Court………â€......oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......This is a police case and court cannot include the non-sent up accused persons in framing charges at this stage. Prayer rejected. Court will take cognizance agaÂinst accused persons who are sent for trial only by the I-O. An application under Section 436 of the Code of Criminal Procedure was fil..Category: Criminal Law | Date: | Hits: 60
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....the Code. The second reason is that section 141 of the Code refers merely to the proceÂdure which is to be followed in all proceeÂdings in any civil Court which are no suits. It does not confer any right of appeal the right of appeal being a substantive right and not mere procedure must be given b......tate Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed o......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......is not a decree, and secondly, the order was not passed in a Suit and in terms of section 141 of the Code and in a proceeding other than a suit in the civil Court the provisions of the Code regarding trial procedure only will apply. 5. The next decision is by Ibrahim, J. in Seferaiddi Munshi vs. ..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......sions Judge acting as a Revisional Court under the Criminal Procedure Code an suo motu take cognizance under section 27(1) of the Special Powers Act as a Special Tribunal. 2. The facts are that informant Rais Ali lodged a First Information Report on 1-7-74 at the Bianibazar Police Station, Sylhe......e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......tigation the police submiÂtted the charge-sheet against the accused under sections 449/307/380 and 324 of the Penal Code. The accused were sent up to Court of the Resident Magistrate at Zakiganj for trial and then the case was transferred to the Court of 1st Class Magistrate, Sadar, Sylhet. At that..Category: Criminal Law | Date: | Hits: 33
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....cree. Therefore, we do not find any bar in treating the order passed by the Court of Small Causes by referring to section 2 of the Code as a decree. The question of appeal is a separate question. The right of appeal is to be specifically conferred by law. No doubt the Civil Procedure Code provides t......ment March 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is reqÂuired to enforce the order made under section 144 of the Code of Civil Procedure. The power conferred to the Co......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ...... remembered that section 144 of the Code is not one of the excepted provisions mentioned therein. 4. A combined reading of the aforesaid provisions of the two enactments clearly indicates that the trial provisions of the Civil Procedure Code are available to a Court of Small Causes except to the ..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......14-8-79 passed by the High Court DiÂvision discharging the Rule in Criminal ReviÂsion No. 291 of 1979. 2. The appellant is accused in a criminal case being C.R. Case No. 2617 of 1972 penÂding before the Court of Sub-Divisional Magistrate and Special Magistrate, Khulna.Charge-sheet was submitte......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ...... to a Special Tribunal. This proposition becomes clear if the two provisos are considered. 5. Provisos added to Article 3 are in the following terms: "Provided that if, in the course of a trial before a Special Magistrate, the offence appears to him to warrant a presumption that the ca..Category: Criminal Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......l or revision. This issue of fact having been already decided it cannot be re-litigated in the subsequent trial being barÂred by the doctrine of issue-estoppel.…………(11) Mere applicaÂtion for return of the gold after acquittal does not, in the circumstances, amount to his adÂmission of ......tted at the same time and place and that this finding of fact in the previous trial is conclusive and binding upon the prosecution and that no evidence could be led to establish a contrary state of affairs in the subsequent proceedings. The Indian SupÂreme Court upheld this decision and approved th......such this finding of fact even if erroneous is conclusive since it was not challenged in appeal or revision. This issue of fact having been already decided it cannot be re-litigated in the subsequent trial being barÂred by the doctrine of issue-estoppel.…………(11) Mere applicaÂtion for re..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....May 2, 1978. Result: The appeal is allowed. The Small Causes Courts Act, 1887 (Act IX of 1887), section 25. The Transfer of Property Act, 1882 (Act IV of 1882), sections 105, 106. The right of occupation remains personal with the tenant. The right being personal it ceases with the de...... the tenant. The other question of law involved will be dealt with at its appropriate place. 2. Facts, in brief, are that the appellants as plaintiff landlords instituted a Small Cause Courts suit for ejectment of Respondents. Their case for ejectment is that Balaram, father of Respondents, was a...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... the tenanÂcy was in favour of Balaram, and on his death it has devolved upon both the respondents as his heirs and so the notice to quit u/s. 106 of the first Respondent was insufficient. 3. The trial Court on consideration of evidence, both oral and documentary, accepÂted the plaint case that..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ...... the High Court DiviÂsion in Civil Revision Case No. 767 of 1974. 2. Plaintiff appellant instituted Title Suit No. 3 of 1966 in the 3rd Court of SubordiÂnate Judge, Dacca against the respondents for ejectment after termination of tenancy under section 109 of the Transfer of Property Act. The su......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ...... 5-6-66. ResÂpondents filed an application under Order 9, rule 13 of the Code of Civil Procedure on 9-6-68, to set aside ex parte decree which led to the Miscellaneous Case No. 93 of 1966. 3. The trial Court found that the processes were served in accordance with law. The petition was barred by ..Category: Property Law | Date: | Hits: 69
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
.... alia is that those respondents were not 'workers' within the meaning of the Factories Act and their service conditions were controlled by the provisions of the Shops and Establishment Act. They were rightly allowed 2 days' compensatory leave for working on each festival holiday under the Shops and ......n, Khulna Labour Court and others..............Respondent Judgment April 4, 1979. The Factories Act, 1965 (Act XXV of 1965), section 2(b). Security employees of the factory filed the case for remedy as workers. The definition of worÂker and manufacturing process clearly reveals that unl......as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ...... Cable Shilpa Ltd. is the employer who filed a petition under Article 102 of the ConsÂtitution challenging the judgment and order dated 8th November, 1977, passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 35 of 1977. 2. In the Writ Petition it was contended by the a..Category: Labour and Industrial Law | Date: | Hits: 267
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against the defendants. Case Re......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......brought a suit for recovery of money by way of damages against the defendants on the allegation that they had cut away the paddy grown by the plaintiffs on their land, as described in the plaint. The trial Court found that the plaintiffs had title and were in possession of the land in quesÂtion and..Category: Property Law | Date: | Hits: 56
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....e questioned. Transfer of a case from a Special Tribunal to a Martial Law Court being a matter of procedure operates retrospectively……………….(52) Right of appeal is a vested right Right of appeal by a party to an action is not affected as being a matter of existing ......d. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulatio...... (2) The High Court, on the application of any person aggrieved, may give such directions or orders to any person or authority including any person perforÂming any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights co......ministrator. In the Writ Petition it was mainly contended, inter alia, that the proclamation dated August 20, 1975 and the Martial Law Regulation No. 1 of 1975 made thereunder having not provided for trial of the offences committed before proclamaÂtion, the trial of the condemned prisoners is witho..Category: Criminal Law | Date: | Hits: 294
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