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Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......on Bench of the High Court Division (Barisal Session) in Criminal Appeal No. 61 of 1983 upholding their conviction under sections 380 and 448 of the Penal Code and sentence of rigorous imprisonment for 2(two) years under the former section. 2. Leave to appeal was granted to consider the s......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......e local police station on the following day police took up investigation of the case and submitted charge sheet against the appellants under sections 448/380/307 of the Penal Code. 4. At the trial before the Additional District Magistrate, Bakerganj charges were framed under the aforesaid..Category: Criminal Law | Date: | Hits: 60
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......, in the Court of Subordinate Judge, First Court, Chittagong against defendant‑respondent No. 2. On 26th November, 1986 respondent No. 1 as a third party‑petitioner filed an application for adding him as a defendant in the suit asserting inter alia that he took a sub‑lease of t......iples of natural justice. This court has repeatedly held that granting relief’s summarily on a revisional application without issuing any rule on the opposite‑party is neither legal nor fair. See Abu Ahmed Abdul Hafiz & Ors. Vs. MA Hoque Shirajee, 1983 BLD (AD) 193; Azizul Huq Ch......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 110
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......in Second Appeal No.906 of 1968 allowing the appeal and setting aside the judgment and decree of the first appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the ......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......t Division, Sylhet Bench, passed in Second Appeal No.906 of 1968 allowing the appeal and setting aside the judgment and decree of the first appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ...... Appeal No. 343 of 1970) Judgment: ATM Afzal J: In this defendants' appeal by leave, the short question for consideration is whether the High Court Division was justified in the circumstances of the case......sp; Ed. ......lso be adduced by the parties, it was ordered further. 5. It appears that by order dated 16.2.79 another Division Bench on the application of the appellants of the First Appeal directed the trial court to comply with its order dated 12.8.77 with regard to the recording of the evidence. It..Category: Procedural Law | Date: | Hits: 122
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....e Code of Civil Procedure notwithstanding his filing of appeal which is pending subject to the limitation that the appeal itself is not disposed of in the meantime on merit whereupon he loses his right to pursue the Miscellaneous Case because on the principle of merger the decree of the tria...... MH Rahman J.- On 7th December, 1991, appellant instituted Title Suit No.874 of 1979 in the First Court of Subordinate Judge, Dhaka for specific performance of a contract for exchange of property. The suit was decreed ex parte on 1......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......der 9 rule 13 of the Code of Civil Procedure. He also filed an appeal, being Title Appeal No. 32 of 1981, in the Court of District Judge, Dhaka. While the Miscellaneous Case was pending before the trial Court, his appeal was heard and dismissed on 25th August, 1984. 2. Respondent No.1 fil..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....terest of public safety or public order. No ground of detention was served on the detenu till the filing of the writ petition. It was contended that the impugned order was violative of fundamental rights guaranteed under Articles 27, 28, 31, 32 and 33 of the Constitution. 3. In their affi......the appellant challenged the detention of her husband, Abdul Kader Siddiqui, by an order dated 13th January, 1991 under section 3(1)(a) of the Special Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was awarded the second highes......two memoranda, marked as Annexure 1 & 2 to the Affidavit‑in‑Opposition. Annexure 1 is an order dated 9th February, 1991 of the Deputy Secretary (Security) of the Ministry of Home Affairs, copy of which was forwarded to the jail authorities and other functionaries, showing that th......hat the detenu did not deny the order of conviction; that Annexures 1 and 2 and the warrant of commitment, as pubic documents, cannot be presumed that those are not correct, that had there been no trial, there would not have arisen any reason for the detenu's father to take information in 1986 f..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ies involved. Since the Court's order was not communicated and the course of the suit took an adverse turn to the prejudice of the defendant behind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. ......ved: SR Pal, Senior Advocate instructed by Md. Ozair Farooq, Advocate‑on‑Record ‑ For the Petitioners. Not represented ‑ For Respondents. Civil Petition for Leave to Appeal No. 103 of 1991 (From the Judgment and order dated 26.7.90 passed by t......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. .......90 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 34 of 1988) Judgment: Mustafa Kamal, J: The trial Court having dismissed the defendants application under Order IX, Rule 13 of the Code of Civ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....r husband the informant woke up and saw injuries on the chest of her husband. She also saw accused Babor Ali going by the southern side of her house with a gun on his left shoulder and a dao in his right hand. Accused Babor Ali was wearing lungi and shoes at that time. PW Rahela Khatun disclosed ...... under sections 302/34 and 120B of the Penal Code passed by the Additional Sessions Judge, Court No. II, Jessore in Sessions Case No. 887 of 1982, by altering the sentence of death to imprisonment for life, under sections 302/3 34 of the Penal Code. 2. PW 1 Kulsum Bibi, second wife of dec......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......ttled that the confession of a co‑accused is no evidence against die other accused persons. Section 30 of the Evidence Act contemplates that a confession made by a co‑accused in a joint trial for the same of fence affecting himself and others may be taken into consideration. In other..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... by the learned Subordinate Judge, 2nd Court, Chittagong allowing Miscellaneous Case No. 56 of 1979 under Order 41 rule 19, CPC. 2. The plaintiff‑appellants' Other Suit No. 95 of 1973 for declaration of title and recovery of possession was decreed against the defendant-responde......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......ex parte on 11. 8.75. Respondent Nos. 1 and 2 instituted Miscellaneous Case Nos. 300 and 325 of 1975 respectively under Order 9, rule 13 CPC for restoration of Other Suit No. 95 of 1973 before the trial Court. At the same time respondent No. 1 preferred Other Appeal No. 142 of 1976 against the s..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ted against the order of refusal of their bail by the Division Bench of the High Court Division, Dhaka in Criminal Miscellaneous Case No. 398 of 1990. 2. The short fact that will be relevant for disposal of this appeal is that, appellant No. 1 lodged a First Information Report with Jaganna......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......im Nurul Islam is found, we are inclined to grant bail to the appellants. Accordingly, the appeal is allowed. The appellants will continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....nised by the Mohammedan Law as religious, pious or charitable. Provision for the maintenance of the members of wakif's family under the Muhammadan Law is a valid purpose. When a wakf is created all rights of property pass out of the wakif and vest in the Almighty Allah. The income of the wakf pro......;This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a title suit for declaration of title and for khas possession of the suit lands after evicting the defendants th......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......e balance of 54.55 acres of land is to be allotted. The Revenue Officer and the Trial Court allotted the land treating Mutwalli as the rent-receiver. The High Court has set aside the finding of the trial court holding this land as secular and the beneficiaries entitled to its allotment. None of ..Category: Others | Date: | Hits: 142
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......minal Revision No. 516 of 1967). Judgment: Ahsanuddin Choudhury J.—This appeal by special leave is for expunction of some remarks made by a Single Judge of the erstwhile High Court of East Pakistan ...... upon his professional conduct and reputation. 5. It appears that the learned Judge who made the remarks was in office when the appellant came to learn about the remarks. It would have been fair on his part if he would have appeared before the learned Judge for expunction of the impugned ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. .......—This appeal by special leave is against a judgment of a Division Bench of the High Court of Bangladesh. 2. The appellant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence involving t......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......dhury, J.—This appeal by special leave is against a judgment of a Division Bench of the High Court of Bangladesh. 2. The appellant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence inv..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......der dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 1969.) Judgment: Kemaluddin Hossain, J.—The appellant along with another, not before us, was placed on trial before a Magistrate, 1st Class, Tangail to answer two charges, one und......heft. He has offered no explanation of his presence in the house of the informant at the unearthly hours of the night. Failure to offer any reasonable explanation cannot be ignored. Presumption can fairly be drawn of his criminal intent. In the present case, circumstances are ample to lend suppo......ary, 1970 passed by the High Court, in Criminal Revision No. 149 of 1969.) Judgment: Kemaluddin Hossain, J.—The appellant along with another, not before us, was placed on trial before a Magistrate, 1st Class, Tangail to answer two charges, one under section 457 and the ..Category: Criminal Law | Date: | Hits: 74
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....r taken under the Town Improvement Act. By seeking to restrain the enforcement of the order of requisition or acquisition made under the Town Improvement Act .on the basis of the new right alleged to be arising from a subsequent arrangement between the plaintiffs and defendant No. ......p;…....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Ab...... with the certified copy of the decree after it is obtained. In the case like the present if the appeal has passed through the stage of admission through the over sight of the officer then the only fair i. and rational course to adopt would be to adjourn the hearing of the appeal with a directio......ces dated 3-9-66 are also illegal, void and inoperative.” This prayer for amendment of the plaint was allowed and the plaint stood amended with the new prayer (a). 4. The trial Court, however, being of the view that the declaration prayed for in the plaint being tantamo..Category: Procedural Law | Date: | Hits: 99
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....was set aside, they were found not guilty of the charge under section 379 of the Penal Code and the Rule was made absolute holding, inter alia, that the accused-petitioners had a bona fide claim of right to the land in question. 4. The complainant-respondent thereafter filed the aforesaid ......etition No. 2 of 1976. (Arising out of judgment and order dated 17. 6. 75 passed in Criminal Appeal No. 24 of 1974). Judgment: Ahsanuddin Choudhury, J.—This petition is for review of the judgment dated 17. 6. 75 passed by this Division in Criminal Appeal No. 24 of 197......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......, J.—This petition is for review of the judgment dated 17. 6. 75 passed by this Division in Criminal Appeal No. 24 of 1974. 2. The accused-petitioners faced a trial under section 379 of the Penal Code before a Magistrate, First Class, and Tangail in cas..Category: Criminal Law | Date: | Hits: 66
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....laintiff. The defendant gave an evasive reply to the said notice by stating that his status was not affected by the transaction referred to in the said notice but did not disclose the nature of the right claimed by him. Thereafter another notice dated 29-7-61 was served upon the defendant asking......l by special leave is against a judgment of a Division Bench of the Dacca High Court in a Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in......erfering with the said finding. 17. The learned Additional District Judge also pointed out on a consideration of the evidence that the said witness had no direct knowledge of the state of affairs with regard to the disputed house as existed in 1905 and as such the statement made by him in ......appeal below was not a proper judgment of reversal was correct, they could not have rest contented by merely setting aside the judgment of the lower appellate Court and, restoring the Judgment of the trial court. There should have been in that event a fresh decision by the said court of appeal below..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....our. The rival contention need to be examined. 7. Referring to the wakfnama, we find, that the wakif Mokhlesur Rahman dedicated his properties which are agricultural land held in dar-raiyati right with his co-sharer. He held 1 drone 13 kanis 5 gandas and 1 kara in his share. He did n......, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration that the land in dispute formed part of a Wakf estate of which the appellant...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......hman of the Wakf land. He further denied the execution of the wakf deed and averred that if any such wakf deed were found, it was fraudulent and was, in any event, never acted upon. 4. The trial court found that there was such a Wakf deed executed by Mokhlesur Rahman and that it was..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....he Custodian,, Addl. Custodian, Dy. Custodian and Assistant Custodian of Enemy Property and for conferring and imposing on the said Custodian, Addl. Custodian, Dy. Custodian, Assistant Custodian such rights duties and responsibilities, as might be prescribed, in respect of the property vested in the......n Bench of the Dacca High Court refusing to exercise its revisional jurisdiction to interfere with an order of appointment of a receiver under Order 40 rule 1 of the Code of Civil Procedure in a suit for partition in which appellants are Defendants No. 6 and 7. 2. Respondents No. 1 to 8 institut......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......ty Commissioner had any legal authority to join himself in the suit as plaintiff, as the Deputy Commissioner was not an Asst. Custodian of Enemy Property for lands and buildings and (iii) whether the trial Court was competent to effect dispossession of Defendants 6 and 7, who were in physical posses..Category: Property Law | Date: | Hits: 93
.... declaration of the plaintiffs title therein. The suit land is R.S. Plot No. 158 of mouza Madar Bari, Chittagong recorded in Khatian No. 234. Plaintiff says that the suit plot was recorded in raiyati right of Abdus Subhan. Plaintiff took long lease of the land from the heirs of Subhan. This land is ......t and Decree date 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemaluddin Hossain J.—This is a Defendant's appeal by special leave arising out of a suit for recovery of possession of the suit land upon declaration of the plaintiffs title therein. The su...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......er turn settled the land with other tenants. The decisions of the aforesaid suits were binding on defendant No. 1 regarding this claim of title. As regards plaintiff's title, he differed with the trial Court on the presumptive value of Khatian and treated it as evidence of title as well. He ther..
Category: Property Law | Date: | Hits: 82
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