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Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... Appellate Division (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others..........interest and possession in the suit land threatened the plaintiff's title and possession in the suit land on 20.12.72 by claiming title to the suit land on the basis of certain fabricated documents. Hence the plaintiffs filed the present suit. 4. The defendants' case is that th..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
.... for taking necessary action towards settlement of the claims without further delay but they expressed their regret to do so on the ground that they were not the agents for the vessels at the relevant time. Further correspondence was carried on between the appellant and respondent No. 3 in ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Corporation……………..............................on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ....................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials fo......t from the owners. The present appellant was made opposite party No. 7 in the aforesaid Miscellaneous cases, and he contested the cases by filing written objection contending, inter alia, that the documents relied upon by the plaintiff were not genuine; that after the death of Anath Bandhu Guha ..Category: Property Law | Date: | Hits: 28
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ......in his residence, but he did not return. Subsequently, an ejahar was lodged against him and a criminal case was also started. Police sealed his house and recovered some official registers and documents from his house in the presence of a Magistrate. Special audit was ordered and it was foun..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... or any other person should be given another opportunity to have his complaint enquired." As to the fresh evidence that is, City Telephone Exchange 6091-coming into operation about one year after the relevant date, the learned Judges did not accept the complainant's explanation that this fact was no......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Resp......ot known to the complainant on the first occasion but which got a direct bearing on the allegation of forgery, was available when the second complaint was filed. It was that one of the alleged forged documents "Minute Book" of the Board's Meetings bore the date "16 January, 1948" and it was written ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......Collectorate. He could not prove any fact relating to the contract. He, however, stated that the Government took over possession of the property after an enquiry by Circle Officer. But those papers and enquiry reports have not been called for by the contesting defendant in this case ......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ...... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuo......ent with the Rent Controller—the word monthly "bhara" was used. The land-lords have been paying Municipal taxes, government taxes and their names have been recorded in all official documents. The tenant never paid such dues not ever made any attempt to mutate his name in khatian ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
.... petitioner is directed to furnish connected papers if any from the office of S.Z.M.L.A. 9 & findings if any. To 19.1.83 for papers and hearing”. On receipt of the relevant papers from the office of the Sub-Zonal Martial Law Administrator, the learned Metropolita...... Chief Metropolitan Magistrate on 5.1.1983 passed the following order:— "Seen the prayer of the petitioner. u/s 145 Cr.P.C. petitioner is directed to furnish connected papers if any from the office of S.Z.M.L.A. 9 & findings if any. To 19.1.83 for papers and hea......premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab Miah, Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record&m......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....der whether the High Court Division refused amendment of the plaint on correct construction of rule 2 of Order II of the Civil Procedure Code. Sub-rules (1) and (2) of rule 2 of Order II, which are relevant here, are quoted below: "2. Suit to include the whole claim.—......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. Arch Bishop, Christian Missionaries and another.......................Respondents Judgment May 31, 1983. The Co......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ......ee that the son of defendant No. 22 was produced in Court to give evidence that his father had died some 8 or 9 years ago. If date of death of a defendant is accepted without authentic evidence or documents, execution proceedings may be sought to be reopened long after execution of the decree. T..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....sis of which pre-emption is claimed can not be gone into and determined in proceeding for pre-emption But if a pre-emption is sought to be resisted on the ground that no transfer took place under the relevant kabala in that vendor did not part with his possession but simply made a show of transfer f...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litig...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....tor or not. It is also not understandable why copies of the Memo. were sent to the Executive Engineer and to the Contractor. A purely departmental communication ought to be confined within the relevant departments. Outsiders are not to be given copies of the same, but forwarding copies ther......itration Act for making the award a Rule of the Court. The notice was served on the appellants on 17.7.88. The appellants prayed for time thrice to file written objection on the ground, first, that papers could not be collected and secondly, that there was flood, which were allowed. On 15.9.88 t......ith costs. Ed. ......ere is no direction either to pay any sum to the Contractor. The Memo does not reveal that any arbitration proceeding was held, any witness was examined, any cross‑examination took place, any documents were exhibit or any hearing took place. He submits that the Memo. was purely an interR..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... 7. In second Appeal the High Court Division without considering the oral evidence, of the witnesses of the parties sot aside the judgment of the appellate Court. It laid much emphasis on mutation papers and the plaintiffs rent receipts which were not challenged by the defendants and held that ap......llate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafizuddin Ahmed...............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers I......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
.... written on a non‑judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were dearth of stamp papers at the relevant Time, such documents can be created at any time according to one's own sweet will. On evid......how a transaction of partnership between Ansar Ali and Sunil from 1976 to 1982 cannot be considered to be a valid document. Not written on a non‑judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were d...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Razzaq (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April......209;judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were dearth of stamp papers at the relevant Time, such documents can be created at any time according to one's own sweet will. On evidence the learned SC..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....ormation was, however, not made available before the High Court Division. From the other papers of the parties we, however, find that those Rules are in fact being used by the appellants during the relevant time. 9. The High Court Division's three grounds for setting aside the......vernment Servants (Discipline and Appeal) Rules, 1984 were adopted by the Council on 2nd June 1985. This information was, however, not made available before the High Court Division. From the other papers of the parties we, however, find that those Rules are in fact being used by the appellants d......afiqur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 52 o......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. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....Court by order dated 13.2.22 Ext. 8 with the observation that the rights of the three brothers, if any, would not be affected by any decision of the suit. 10. We have already summarised the relevant findings of the appellate Court below. It appears that the appellate Court below took some......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. ...... without costs. Ed. ......i Miah had no business of his own at Rangoon. There is no satisfactory explanation on record as to why the consideration of kabala Ext. A (7) should pass through plaintiff No. 21. The fact that the documents of title of various schedules stand in the names of different brothers also suggest the p..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. ......yats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz, a certified copy of the thak papers maintained by the Government Collectorate, and thak and other maps of the suit mouza before ...... appeal is dismissed. No costs. Ed. ......for giving a chance to the plaintiffs to relay the suit land for ascertaining whether the same is covered by the land of the kabuliyats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......rty ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84,......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N......erted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is alleged, are forged and fabricated documents, executed illegally and collusively for the purpose of making illegal gain of the valuabl..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....o is an additional circumstance which is to be considered in the present case. This absconsion by itself will not necessarily lead to any conclusion about the guilt of the accused, but this is only a relevant circumstance along with other circumstances; (vii) There is another vital circumstance...... 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. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The ...... 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. ..Category: Criminal Law | Date: | Hits: 38
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. ...... second question is, whether on the date of drawing up of the preliminary order, there was any material before the Magistrate that the appellant herself was a party to TS No. 502 of 1987. From the papers filed by the appellant it is found that the said suit was filed by the respondent originally......Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involve......scussion above answers the last question on which leave was granted. The High Court Division exceeded its jurisdiction under section 561A of the Code by recording erroneous findings on matters and documents touching upon questions of title to the grave prejudice of the appellant. It did not addr..Category: Criminal Law | Date: | Hits: 54
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