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Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....ariously armed, went to the land of his brother to forcibly reap the ripe boro paddy which had been grown by his brother. When Idris Fakir protested, accused Siddique Munshi struck him with a Sokki right at his chest, as a result of which, he fell down and died instantaneously in the paddy field...... is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counter‑case, according to the established practice and procedure for trial of cross‑cases. 2. The prosecution case (Sessions Case No. 42 of 1985, Fari......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......dence of a single witness as against the evidence of other local witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counter‑case, according to the established pract..Category: Criminal Law | Date: | Hits: 69
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....igh Court Division was of the opinion that those documents were not admissible in evidence as the originals were not called for. Mr. SR Pal, learned Advocate appearing for the defendant appellants rightly argued that the documents having been filed and marked Exhibit without any objection the qu......Comilla passed in Civil Revision No. 308 of 1985 affirming the judgment and decree of the lower appellate Court whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali,......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ...... of the High Court Division, Comilla Session, Comilla passed in Civil Revision No. 308 of 1985 affirming the judgment and decree of the lower appellate Court whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of t..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....s never left for Arakan. The alleged pattadars from Badruddoza never possessed the suit land on the basis of any patta. As such by purchase from some of them, the plaintiff also did not acquire any right, title and interest in the suit land and the contesting defendants never threatened him with ......Judge of the High Court Division, Chittagong Bench, affirmed those of the first appellate Court by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land...... case, I may mention that the exhibits and other relevant papers could neither be seen by us nor by the High Court Division as the lower court records and the exhibits were destroyed. Hence, in all fairness, I think, that the factual aspect of the matter as arrived by the last court of fact and......heir names. They have sold 2 kanis of land to one Kabir Ahmed Master. Yusuf Ali, an alleged pattadar, filed a criminal case against the defendants in respect of the suit, but he lost. 7. The trial Court found that the suit register of Rent Suit No. 780 of 1934, Ext. 8 did not relate to the..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ranges a special contract before his death among hose heirs, whereby they bind themselves to accept a certain method of will not Partition, but such an arrangement will not usually give them a right to recover the property from their father during his lifetime and such arrangements are not b...... is the self‑acquired property of her husband and items 2‑6 thereof are immovable properties inherited by her husband from his deceased mother. Items 7 and 8 were purchased by her husband from proforma‑defendant Nos. 8‑12 by various kabalas Schedule Kha property contains the description of t......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ding the properties of the deceased husband of the plaintiff amongst the plaintiff and the defendants. The will left by Thanchanio, Talukder should also be considered in the same light. 4. The trial Court decreed the suit on the ground that the will Ext. B is not effective because a Burmese B..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......; MH Rahman J.- The appellant along with eleven others were charged under section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 for abduction of minor girl on 17th March, 1991 from her father's house. 2. The learne......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ...... In the facts and circumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....or at the date of the will until he attained majority or until a probate was obtained in respect of the Will which could authorise the executor to take action against the invasion of the plaintiffs right. The Will was probated in 1961 and the suit was filed on 1.5.1968 and as such the suit was w......ourt Division, Rangpur Bench in FA No. 140 of 1976) Judgment: ATM. Afzal J: Plaintiff‑appellant brought a suit for partition, No, 39 of 1968, in the Court of Subordinate Judge, Bogra which was dismissed and on ......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ...... will of Hara Nath which was not genuine. The contesting defendant also pleaded defect of parties and bar of limitation. 6. On consideration of the evidence adduced by the parties the trial Court held that the Will (marked Ext. 1) executed and registered by Hara Nath Sarkar in favou..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....ate, the delivery of judgment should have been stayed for a limited period at least giving a chance for the conclusion of the civil suit. Mr. Ahmed also submitted that the High Court Division was not right in holding that the pronouncement of Judgment was not a part of the trial, that section 344 Cr......ral, M Shamsul Alam, Deputy Attorney‑General, B Hossain, Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the Hi......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ...... the High Court Division, Dhaka in Criminal Revision No. 120 of 1992). Judgment ATM Afzal J.- The former President of Bangladesh, Hussain Muhammad Ershad, the accused petitioner, is facing trial on a charge of corruption in Special Case No. 7 of 1991 before the Divisional Special Judge, D..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......he plaintiff is directed against the judgment of the High Court Division, Jessore Bench, passed in Civil Revision No. 249 of 1985 reversing the judgments of the courts below allowing an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure. 2. The plaint......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ircle Officer, Revenue in Misc. Case No. 110 of 1973‑74 under PO No. 88 of 1972 was illegal and without jurisdiction. In that suit the plaintiff prayed for temporary injunction. 3. The trial Court allowed the prayer for temporary injunction and on appeal the same was affirmed. In re..Category: Civil Law | Date: | Hits: 106
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......on Case No. 844'a of 1990, pending in the Court of Chief Metropolitan Magistrate, Dhaka under sections 420 and 406 of the Penal Code. 2. Respondent No. 2 filed a petition of complaint on 19.8.90 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that her husband late Abdul Aziz......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......ntire allegations found a prima facie case of cheating and in that view of the matter refused to quash the proceeding, as the falsity or truth of the petition of complaint would be ascertained at the trial on evidence. Mr. Rokonuddin Mahmood, learned Advocate appearing for the accused‑appellant..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ...... revisional application after affirming the order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......equently filed by the plaintiff in Court. When the suit came up for hearing one witness was examined on behalf of the plaintiff who proved some of those documents which were marked exhibits by the trial Court. The learned Advocate of the defendant declined to cross‑examine witness No. 1 of..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....n came into operation; (b) that prior to the establishment of the Tribunal the High Court Division had the original plenary jurisdiction of judicial review under Article 102 in service matters with a right of appeal to the Appellate Division, and that the Civil Court's original jurisdiction under Ci......any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was ......ven security of tenure. Article 102(2) of the Constitution confers the power of judicial review on the High Court Division exercisable upon "a person performing any functions in connection with the affairs of the Republic or of a local authority". The word "person" undergoes an inclusive and exclusi......Australia and others [1957] 2 All ER 45. By the Commonwealth Conciliation and Arbitration Act, 1904‑1952 the Commonwealth Court of Conciliation and Arbitration was set up for the settlement of industrial disputes as a superior court of record and vested in it original jurisdiction functions of an ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....e was not specifically taken in their written statement and that the appellants' main contention that the relationship between the plaintiff and the Company was that of master and servant had been rightly repelled by the two Courts below. 6. Leave was granted to consider the appellants' ......affirmance of those of the learned Subordinate Judge, 3rd Court, Dhaka dated 31.10.89 in Title Suit No. 169 of 1984, decreeing the suit. 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamu......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......e only under the Jamuna Oil Company Ltd. He did not become an employee under defendant No. 3 Bangladesh Petroleum Corporation. It was asserted that the enquiry was conducted properly. 4. The trial Court found that the plaintiff was given all opportunities to defend himself before the Enqui..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....re of schedule 1 land from Ramanath Ghosh Estate by executing a registered Kabuliyat dated 24th Jaistha, 1321 BS (certified copy Ext. B) but possessed the entire land of schedule 1 openly and as of right since then by amicable partition among themselves and growing crops, etc. and thus they acqui......rrent decree of the courts below and dismissing the plaintiff’s suit, Title Suit No. 89 of 1964. 2. The said suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......g him joint possession therein. 5. On appeal by the defendants, the learned Subordinate Judge, Second Court, Sylhet, by judgment and decree dated 22.2.68, concurred with the findings of the trial Court and dismissed the appeal. 6. It may be observed that the trial Court refused to..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......Respondent No. 1 obtained an ex parte decree on 30‑5‑84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka against the plaintiff‑appellant and respondent Nos. 2 and 3 for specific performance of a contract for sale of the suit land. The decree was put into executio......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......ritten statement she also claimed that the plaintiff received the notice of the original suit but did not appear. 5. At the trial the plaintiff‑appellant examined one witness and the defendants examined two witnesses...Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
.... in fact a deed of transfer; and that as plaintiff No. 2 in contravention of section 3 of the Act transferred more than 10 bighas of land without permission of the Collector the impugned order was rightly passed. 3. The trial Court decreed the suit. Relying on Abdul Gafur Sardar and ors. ......No. 295 of 1969). Judgment: MH Rahman J: Respondents filed Title suit No. 21 of 1966 for a declaration that the order dated 17th December, 1963 of the Additional Deputy Commissioner (R......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......nd that as plaintiff No. 2 in contravention of section 3 of the Act transferred more than 10 bighas of land without permission of the Collector the impugned order was rightly passed. 3. The trial Court decreed the suit. Relying on Abdul Gafur Sardar and ors. Vs. Wazedali Talukdar and anot..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....tions of the contesting defendants in the suit was that the plaintiff had not acquired any title to the suit property on the basis of the deed of Exchange dated 13.11.63 (Ext. 2) because she had no right, title, interest or possession over any portion of the alleged property of Murshidabad, West...... in Civil Revision No. 837 of 1985 discharging the Rule and upholding the concurrent decree of the Courts below in Title Suit No. 197 of 1977. 2. Plaintiff‑respondent No. 1 filed the aforesaid suit, originally numbered as Title Suit No. 68 of 1974 in the Third Court of the Subordina......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......al No. 103 of 1978, which was dismissed and then they took a revision, Civil Revision No. 1065 of 1979, in which the Rule was made absolute by the High Court Division and an order of remand to the trial court was passed. The remand was felt necessary because the High Court Division observed that..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....e. The defendant paid for the value of the stamp and all registration costs. Isobullah sold the suit land at an adequate price which was not more than Rs. 200/‑ at that time. The suit land has been rightly recorded in the last survey and settlement operation in the name of the defendant in his kha......fs are the appellants by leave from the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet Bench in Second Appeal No. 259 of 1971. The appellants' suit for redemption of mortgage of suit land and for khas possession, Title Suit No. 323 of 1969, was dec......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......dequate price which was not more than Rs. 200/‑ at that time. The suit land has been rightly recorded in the last survey and settlement operation in the name of the defendant in his khas. 4. The trial Court held that the document Ext. 1 was a kot mortgage. The suit was decreed on that finding. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ...... Bench) in Civil Revision No. 895 of 1979 setting aside the concurrent judgment and decree of the Courts below dismissing Title Suit No. 48 of 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and ......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ...... a decree, when the Judgment‑debtor was in possession at the date of the sale. (Twelve years) The date when the sale 14. Upon a reference to the judgment of the trial Court it is found that the learned Assistant Judge comprehensively considered the fact of the ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....e same. The learned Additional Attorney‑General and Mr. Nurullah, learned counsel for the appellants in CA 23/91 have, however, contended that the bill of lading merely represents the goods but the right of property in the goods depends upon the transaction between the parties independent of the b......and law involved in the two appeals being the same, they have been heard analogously and will be disposed of by this judgment. 2. Respondent No. 1 Anis & Co. (in both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of C......laws, particularly relating to importation of goods and functions of the Customs Authorities and the special facts of the present case was justified in making the findings as above. 19. It will be fair to acknowledge that the case involved consideration of difficult matters relating to internatio......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this decision he took leave from us and filed these two appeals,......er dated 14 July 1988 passed by the High Court Division, Dhaka, in Civil Revision No. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquie......e of acquiescence or waiver. 'Acquiescence' arises when a person knowing that he is entitled to enforce some right neglects to do so for such a long time that the other person opposing such right may fairly infer that he has waived or abandoned it. It is failure to object to certain transaction or a......ond, planted trees and made considerable improvement of the land by raising earth. They also took the ground of limitation in that Misc. cases were filed one yew after the sale of the land. 3. The trial Court, by a common judgment dated 28.4.83, dismissed the Misc. cases refusing pre‑emption. O..Category: Property Law | Date: | Hits: 70
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