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Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ...... land, in presence of P. W. 2 Abdur Rab Howladar, P. W. 3 Asmat Ali Mia and P. W. 4 Mani Mohan Roy and others. On the disclosure of defendant No.1 Radhika Jiban Sit that a stamp paper and cartridge papers, purchased earlier on 17th February, 1967, were available for writing the documents the scri......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J A. T. M. Afzal J Sudhir Chandra Sil & anr…………………………&...... 4 Mani Mohan Roy and others. On the disclosure of defendant No.1 Radhika Jiban Sit that a stamp paper and cartridge papers, purchased earlier on 17th February, 1967, were available for writing the documents the scribe Asmat Ali wrote the agreement to sell at the direction of the defendants. Defe..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......ayer for temporary injunction against the defendants restraining them from cutting away the paddy and for that purpose their lawyer obtained left hand thumb impression on some blank cartridge papers. But subsequently it was found that a false and bogus solenama was created for compromis...... A. T. M Afzal J Kalitara Biswas………………………………….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. L......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....f section 35A only to the Schedule 1 of 1960 solely banking upon the expression "as amended before the promulgaÂtion of the Court-fees Ordinance, 1963". But if sec ion 35A is read along with all the relevant schedules starting from 1960 till 1981 it will be clear that the intention of the legislatu......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......1963 SC 1561; State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641; EmÂperor v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Law......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
....xecution of the decree obtained by
appellant.
5. The miscellaneous case was,
however, allowed by the learned Subordinate Judge who found that respondent Nos.
2-6 were not in Pakistan at the relevant point of time, that the respondents
came within the definition of enemy as
given in......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
......hman J
A.T.M.
Afzal J
Priyatosh
Talukdar…………………………..Appellant
Vs
Assistant Custodian, Vested and
Non-Resident Property, Chittagong and others .............................Respondents
......bed and regulate the collection of an accounting for such fees ;
(f) require any person to furnish to
the Custodian such returns, accounts and other information and to produce such
documents, as the Custodian considers necessary for the discharge of his
functions under the order..
Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....t she re-married the deceased, Ashraf Ali, who was an influential man, being a memÂber of the Local Union Parishad, for protecÂtion of her property. Ashraf Ali left the house of Hafsa Khatun on the relevant day, 2-5-76, at about 5-30 P.M. for Sreemongal, about 2 1/2 miles away, accompanied by the ......ent of accused No.1 bearing the date "21-11-46" to the effect that "No action necessary File". This letter was not kept in the appropriate File but was discovered in August 1947 in the midst of other papers. It was alleged' by the prosecution that this letter was written after the accused got scent ......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App......, a Special Magistrate, acquitted both the accused from the charge of criminal conspiracy for forgery for want of evidence, but convicted both of them on the other two charÂges, that is, forging the documents P-3 and P-24. The conviction was maintained in appeal by the Sessions Judge whereupon the ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... are merely interveners and the subject matter of the lis being whether the property in question is an abandoned property in which respondent Nos. 6 and 7 cannot have anything to say and the only relevant parties, respondents No. 1 and 5, functionaries of the Government having already ent...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1......tice of every petition shall be served on all parties directly affected and for this purpose the petitioner shall bring in as many authenticated copies of the application and affidavits and other documents required to be filed under rule 4 above, as there are parties to be served and the ser..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......buddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Case......Director. He alleged that respondant No.1 had not she required qualification but was refused admission into the Business Administration Course of the Dhaka University on his filing false documents of Admission- qualification, his relation with the appellant started to deter..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....e pays rent in arrears with interest but it must be actual payment and not a conditional offer. The Supreme Court of India in Namdeo Lokman V. Narmadabai 1953 SCR, 1009 that the conduct of lessee was relevant for he was seeking an equitable relief. But such relief will be denied to a ''recalcitrant ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
....ceived Tk. 30,000/ in cash from the Company by executing the Receipt, Ext. 5? He has admitted that he had executed this Receipt and according to P.Ws. 1 and 2, who were officers of the Company at the relevant time, Tk.30, 000- was paid by the Company to defendant No. 2 as consideration of the sale o...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......ed in: 39 DLR (AD) (1987) 78. ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......vision (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Sree Gopal Chandra Mondal and another.........................Appellants Vs. Lasman Dasi & ot......f the respective parties he ‘felt it quite hazardous to rely solely on the oral testimonies of the witnesses’ and, after relying on the surrounding circumstances that emerged from some documents, he dismissed the suit. The appellant's grievance is that the High Court Division erred i..Category: Property Law | Date: | Hits: 37
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ...... Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965) 17 DLR (F-B) 119; Katia Pillai. AIR 1929 Mad 393; Petherp......on 42 as has been pointed out above does not specifically provide for declaration of nullity and cancellation of a written instrument, but section 39 does so. In section 39, two kinds of documents have been referred to, one is 'void' and the other ii 'voidable'. Where a document has be..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
.... of the evidence dismissed the suit and the finding was that no evidence was led that Hedayet had paid any rent for his share of land nor his name was recorded in the landlord's sherista or in the relevant khatian. The trial court came to the conclusion that whatever interest Hedayet had in the ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ......tion. 25. Plaintiffs examined 4 witnesses but adduced no documentary evidence except the admitted kabuliyat dated 2 June 1920 (Ext 1).Defendants examined 4 witnesses and produced a number of documents including seven registered Barga-kabuliyat, 18 Rent receipts and some khatians besi..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....ng these two witnesses no other witness has seen the occurrence. Now proÂceeding to consider the evidence of P.W. 1, who is the wife of the deceaÂsed, we find that she was present in the hut at the relevant time, i. e., 12.30 A.M. 31 Bhadra B.S. 1386 corresponding to 17 September 1979 and saw the ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ...... allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....of such an officer is all the more necessary because the plaint/written stateÂment as referred to is required to be verified by a person "who is acquainted with the facts of the case''. In this suit relevant facts are within the personal knowledge of the officer who dealt with the matter all throug...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a NotiÂfication dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stateÂment. The Government by a NotiÂfication dated 14th ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh election in one centre without declaring result of the election...... Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting becoÂ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ...... of the High Court Division. 5. It was an election for Chairman-ship rule of the Union Parishads (Election) rule provide for counting of votes. Sub-rule (3) says for the purpose of counting ballot papers the Presiding Officer shall-(a) arrange separately the ballot papers in respecters member and.......A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. RahÂman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Paris......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of ......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....Presses and Publications (Declaration and RegisÂtration) Act, 1973 (Act XXIII of 1973) hereby order Officer-in-Charge, Kushtia Police Station to enter upon and seize all unauthorized newspapers, relevant docuÂments and the press and printing mateÂrials forthwith and submit a report of such ...... April 1985 passed by respondent No. 1, DisÂtrict Magistrate, Kushtia by which he directed respondent No. 3, Officer-in-Charge of Police Station, Kushtia to enter upon and seize all unauthorized newspapers, documents and press and printing materials is illegal, without lawÂful authority and of no .............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The PrinÂting Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp......985 passed by respondent No. 1, DisÂtrict Magistrate, Kushtia by which he directed respondent No. 3, Officer-in-Charge of Police Station, Kushtia to enter upon and seize all unauthorized newspapers, documents and press and printing materials is illegal, without lawÂful authority and of no legal ef..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......erty and they had been in possession without any interruption and growing paddy. In view of the documentary evidence that had been adduced the learned Session Judge observed: "Perusing all the papers submitted beÂfore us by the petitioner O.Ps. It has been crystal clear to us that there is ......so Reported in: 38 DLR (AD) (1986) 246 ...... learned Sessions Judge considered that the first party failed to proÂduce their basic document by which they have claimed their title and possession in the disputed property. On the other hand, the documents filed by the opposite parties show that they have purchased the land and had taken lease o..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... or disposed of in accordance with the provisions of the said Code as was in force before such amendment as if no such amendment had been made: (underlining has been done by me) 4. Now some relevant facts about the case. The appellants along with others were comÂmitted to the Court of Ses...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Criminal Pr...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
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