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Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
.... or wrong in refusing to return the plant as prayed for by the present petitioner." 5. Mr. Asrarul Hossain, learned Counsel for the petitioner, argued that the High Court Division would have been right in invoking Explanation 11 of section 20 CPC provided the cause of action of the suit arose wi.......Respondent-Plaintiff Judgment January 18, 1994. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within th......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......d by the parties at Dhaka, 2) none of the parties is a resident within the jurisdiction of the Court and 3) nothing is required to be done under the agreement within the said jurisdiction. 4. The trial Court rejected the petition on 5.10.93. The High Court Division in refusing to interfere with ..Category: Procedural Law | Date: | Hits: 91
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....tion to hear and determine applications made by any person in the service of the Republic (or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Repub...... modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can never be considere......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......re is a fundamental difference between a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the self same facts. In a criminal trial, for an offence like criminal breach of trust or forgery, dishonest intention or mens rea is r..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... of the High Court Division was passed on 21 November 1993 in Criminal Revision No. 2054 of 1993, which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by t......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......ourt Division concluded. This Court (Appellate Division) found that the High Court Division proceeded on the assumption that section 561A is meant only for quashing a criminal proceeding before the trial starts and that when the trial has been concluded, the accused may file an appeal and a revis..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....on the High Court Division observed that by not paying the price at the 11 agreed rate" the defendant committed a breach of contract and therefore the plaintiff was entitled to compensation which was rightly assessed by the trial Court at Taka 33 lac and that "in our view this amount was awarded as ......Judgment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest f......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ...... plaintiff to the defendant, and as such, the question as to interest is not of much relevance. 2. The disputed questions as to facts of the case have been concluded by concurrent findings of the trial Court and the appellate Court, and as such, it is not necessary for us to enter into the detai..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... Ruhul Islam J.- These two appeals were heard analogously and are, being disposed of by this judgment. Facts, in short, are that the respondent instituted two separate suits for ejectment of the appellants from the respective suit premises on the ground that they were def......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......defendant in both the cases that the suit premises were damaged by the Pak Army and these were repaired by the defendants at their own cost which was not adjusted by the landlord. According to the trial Court, the defendant in both the cases "should get the benefit of the abnormal circumsta..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....f its having been done, and acquiesces in it, so its to induce a reasonable belief that he consents to it, and the position of others is altered by their given credit to his sincerity, he has no more right to challenge the act to their prejudice than he would have had if it has been done by his pre......72 and the service of the respondent vested in the Corporation under said Order. The respondent was promoted to the post of Manager in the Corporation with effect from 8.12.1973 and sent to Australia for higher training in tourism and then to Japan and he successfully completed both the courses. Whi......rs to do that from which they otherwise might have abstained, he cannot question the legality of the act he had so sanctioned, to the prejudice of those who have so given faith to his words or to the fair inference to be drawn from his conduct …………I am of opinion that, generally speaking, if...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......ment Mustafa Kamal J.- These two petitions were admitted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 199......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ...... exchanged (sic) during the pendency of this application", i.e., if the exchange rate was higher during the pendency of this application. 3. Before the close of the argument during the trial of the miscellaneous case before the learned Additional District Judge, 5th Court, Dhaka the ..Category: Banking Law | Date: | Hits: 125
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....me land by ante‑dating the kabala showing that it had been executed earlier than the appellant's kabala. Execution of the subsequent kabala shows her intention to deprive the appellant of his right already acquired by his kabala which was found to be genuine. "Forgery" means maki......pecial leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the P......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......eal by special leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 o..Category: Criminal Law | Date: | Hits: 61
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......ted in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......teen) years of age as laid down in section 361 of the said Act. Indeed for proving the offence of kidnapping (section 363 Penal Code) the minority of the victim as above will have to be proved at the trial. If, however, the allegations are that of procuration of minor girl attracting section 366A of..Category: Criminal Law | Date: | Hits: 68
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....bala dated April 19, 1962 and since purchase he and the other purchasers are possessing the land in suit, that the bainapatra of the plaintiff is forged and fabricated and that the plaintiff has no right, title and interest in the land in suit on the basis of the forged bainapatra. 4. The......e land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......by false personation, that a case of forgery was filed against the defendant No.1 and others and they were found guilty and were convicted but on appeal they were acquitted on technical ground that trial was held without obtaining sanction since one of the accused was a public servant. It was al..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....ompetent Court is excluded from the period of limitation under section 14 of the Limitation Act. Negligent conduct is a question of fact and as no such fact has been proved the High Court Division rightly found that the preemptor Respondents are entitled to get the benefit of section 14 of the L......isition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limit......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......he case land by spending lot of money and now that it has become a valuable, land the preemptor respondents are trying to grab the case land on the basis of some false deeds. 4. The trial Court by its judgment dated 29-11-1998 allowed the application for pre-emption. On appeal the..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
.... Nessa and Renu and that after the death of Nowab Ali the plaintiffs have become owners and have been living there constructing huts, cow sheds and growing vegetables, etc. But in the SA Record of rights, the defendants, in collusion with the settlement staff, have got their names recorded for 2...... Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawye......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......ntainable in law in view of the fact that SA Record was prepared long before 6(six) years of filing of the suit which recorded possession of the land in the name of the defendants. 5. The trial Court dismissed the suit. On appeal, it was reversed decreeing the suit. In Civil Revis..Category: Property Law | Date: | Hits: 43
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature o......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......eous view of removal of defect in the suit, inasmuch as even the amended suit was incompetent and thus the High Court Division erred in refusing leave to admit the revision on the untenable plea of trial Court's competency to decide on the nature and character of the suit. 6. On perusal..Category: Civil Law | Date: | Hits: 91
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collusive one and right, titl......a Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collus...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......e the transferee had reconveyed the land and, as such, Miscellaneous case has become infructuous, that the Miscellaneous case was barred by limitation and bad for defect of parties. 4. The trial Court dismissed the Miscellaneous case on the findings that the same is not barred by limitat..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....thers... .........................Respondents Judgment March 14, 2006. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 96 If by reconveyance, right, title and interest did not vest with the original owner, in that case the transaction of rec......Division on independent consideration of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sharers of the holding by inheritance long before the dispensed sale. The pre-emptor is a co-sharer to the case holding by purchase. Prayer for ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ......on August 11, 1992, that the pre-emptees are co-sharers of the holding in question by inheritance, by purchase as well as they are contiguous land owners of the holding in question. 5. The trial Court allowed the prayer for preemption on the finding that the pre-emptees were neither co-s..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....The suit, i.e. Title Suit No. 43 of 1978, was decreed on contest on February 18, 1980, that the allegation of forgery in the decree of Title Suit No. 43 of 1978 is not true, that plaintiffs have no right, title and interest in the land of plot No. 203/31. 5. The trial Court on considerat......08), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing o......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitio..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....edure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with ......he mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law. The case is set back for trial rightly in accordance with law…………………&he......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......andatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law. The case is set back for trial rightly in accordance with law…………………&hellip..Category: Civil Law | Date: | Hits: 95
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....rch 1, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for evic......Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior A......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......the meantime, the dealership licence was cancelled and accordingly, the petitioner filed Other Suit No. 147 of 1992 against the Padma Oil Company Limited, which was dismissed on 7-3-1993. 10. The trial Court dismissed Other Suit No. 115 of 1993 on 27-7-1994 and the petitioner preferred Other App..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....are said to be purchasers of land of the disputed jote. The High Court Division held that the disclosure of the names of persons in evidence for the first time by the preemptor will not defeat the right of pre-emption as the pre-emptees did not disclose these names at the initial stage of filing......to the pre-emptor during cross-examination in reply to the interrogatory served on him. Thus he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness &he......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......ferred Miscellaneous Appeal No. 70 of 1995 before the learned District Judge, Gaibandha. The learned Subordinate Judge (now Joint District Judge), Gaibandha who heard the appeal concurred with the trial Court that the pre-emptor is a co-sharer, the case is not barred by limitation and that the p..Category: Property Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ...... in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering their high image and wisdom in the estimation of public at large. Before making such submission in writing the learned Counsel ought to have taken more care and cauti......ave to Appeal and the application for stay should be heard by the Full Court." 14. We are of the view that every Judge, specially of a Superior Court, is capable of dealing fairly with all cases and under all circumstances. No attack, nor any application, can be made on h......hat every Judge, specially of a Superior Court, is capable of dealing fairly with all cases and under all circumstances. No attack, nor any application, can be made on his competence to hold a fair trial and even any plea of truth of such attack or application aggravates the situation and no app..Category: Election Law | Date: | Hits: 108
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