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Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
.... seva puja, but most of his co-shebaits had left for India and those who were still residents at Dhaka had not been taking any step to recover the said endowed property, in order to safe-guard the rights of deity. 4. During the pendency of this suit Hem Chandra Chakraborty died on 7 Sep......from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his t......l necessity or for the benefit of the deity was not binding on her and the deity was still the owner thereof. It was further alleged that Hem Chandra Chakraborty had alone been looking after the affairs of the deity and performing her seva puja, but most of his co-shebaits had left for India and......he High Court Division Pradip Kumar Chakraborty has preferred this appeal for the deity with the leave of this Court. 8. SS Halder, learned Counsel for the appellant, submits that both the trial Court and the High Court Division upon a misconception as to the status of the deity and the..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......d: ABM Nurul Islam, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 774 of 1997. (From the Judgment and order dated 11th May 1997 passe......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ...... of the suit Khatian along with RS Khatian No. 3761 belonging to Gunu Mia, common ancestor of the parties, had not been brought into hotchpotch and so the suit was not maintainable. 3. The trial Court decreed the suit on contest. Respondent No.1 took an appeal therefrom but lost. ..Category: Property Law | Date: | Hits: 65
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......sion No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dhaka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......and in suit on the averments, inter alia, that the plaintiff respondents had no title and possession in the land in suit and the defendant-appellants were not tenants under the plaintiffs. 4. The trial Court decreed the instant suit for eviction by its judgment and decree passed on July 27, 1981..Category: Tenancy Law | Date: | Hits: 62
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....p;……………...Respondent Judgment February 12, 1998. The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated pe......endment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not prove the case against the accused beyon......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......…...Respondent Judgment February 12, 1998. The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for concl..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......or the petitioner. Mahbubey Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent No. 1. Not represented—Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 178 of 1997. (From the Judgment and Order dated 23-1 -91 passed by the......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ...... service of the respondent was termination simpliciter under Regulation 13(2) of Janata Bank Employees Service Regulations and the respondent is not entitled to get any relief in the suit. 3. The trial Court decreed the suit on the finding that the suit was maintainable in the civil Court by Jud..Category: Employment/Service Law | Date: | Hits: 98
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......ers Involved: Golam Mohiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......ieved accused-petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division. 2. It appears that the learned Judges of the High Court Division found that the trial of the case is continuing and some witnesses have been examined. The learned Judges also foun..Category: Criminal Law | Date: | Hits: 66
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......oner (In Civil Petition No. 821 of 1997).
Sharifuddin Chaklader, Advocate-on-Record— For the Respondents (In both the Petitions).
Not represented — Respondent Nos. 2-3.
Civil Petition for Leave to Appeal Nos. 801 and 821 of 1997.
(From the Judgment and Order dated 5-5-97 passed b......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......e obtained in the Mortgage Suit No. 21 of 1985 is illegal, void and fraudulent. In that suit, they prayed for stay of the Execution Case No. 5 of 19 arising out of the Mortgage suit. In that suit the trial Court by an order dated 11-3-95 stayed the Execution Case and also stayed the issuance of the ..
Category: Property Law | Date: | Hits: 85
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
.... informant party along with the four deceased persons being armed with guns and other deadly weapons raided the house of accused Matbar Ali and set fire to the huts and straw heaps. Exercising his right of self-defence deceased Abu fired gunshots at them and as a result the four deceased persons......s sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. The Court will see if sufficient direct evidence is there or not. If not, motive may be a matter for consideration, especially when the case is based on circumstantial evidence……(22)......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......mbered as Sessions Case No. 67 and 138 of 1989 respectively. Thereafter the present case and Sessions Case No. 67 of 1984 were transferred to the Court of Additional Sessions Judge for simultaneous trial. PW 19 Md Toyub Ali, successor investigating officer of the present case, on completion of i..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....ial for the offence of insubordination and mutiny he was released and later dismissed from service in violation of the provisions of law malafide and for collateral motives, that he was denied the right to defend his character and military honour before the Court of Inquiry. That the series of ......ousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by th......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......Ministers in a parliamentary form of Government, that the President acted malafide unlawfully leveling allegations of insubordination and mutiny against him, that without putting the petitioner on trial by a Court Martial for the offence of insubordination and mutiny he was released and later di..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......ip;………(5) Lawyers Involved: MG Bhuiyan, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 1165 of 1998. (From the judgment and order dated November 26, 1996 ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......slam and recommending amendment in the Muslim Family Laws Ordinance, 1961 (Ordinance No.VIII of 1961) prohibiting polygamy which was totally irrelevant for a decision in the matter. 2. The trial Court decreed Taka 60,000.00 as prompt dower, Taka 4,500.00 as maintenance allowance and furt..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......ing temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment and it will prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under the ordinary law in the form of temporary injunction is ava......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144....... 29, 1998. Result: The appeal is allowed. The Bangladesh Shilpa Rin Sangstha Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jur..Category: Business or Commercial Law | Date: | Hits: 124
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ...... November 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 The High Court Division can suo motu transfer a sessions case. The informant merely informed the High Court Division with his application the state of circumstance con......sabled informant to go to Barisal repeatedly from Dhaka to depose in the case and to secure the attendance of other witnesses. The informant-party has also an apprehension that they will not get a fair and impartial justice in the Court of Barisal. Accordingly, the Rule was made absolute and the......d— Respondent No. 3. Criminal Petition for Leave to Appeal No. 64 of 1998. Judgment Mustafa Kamal J.- The accused-petitioners on bail are on trial before the 2nd Court of Additional Sessions Judge, under sections 370/324/326/379/323/109, et..Category: Criminal Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ...... of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title de......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......lf as PW 1, his wife (appellant No.1) PW 6 and his mother-in-law i.e. grandmother of defendant No.1 as PW 7. Defendant No.1 also examined 7 witnesses including his alleged bargaders. 5. The trial Court decreed the suit holding, inter alia, — “on the contrary the..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......ers Involved: Giasuddin Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record —For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by t......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ...... Judgment Latifur Rahman J.- Plaintiff-respondents filed Title Suit No. 75 of 1989 in the Court of Assistant Judge, Dhaka. The said suit was decreed by the trial Court on 29-2.92. Against the aforesaid Judgment and decree the defendant preferred Title App..Category: Property Law | Date: | Hits: 72
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ...... 52 Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter IV for Shipping casualties. The Marine Court exercises its jurisdiction as a criminal court and it can......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......efendant-appellant submits that the suit is not maintainable in the Admiralty Jurisdiction as the accident took place in Inland waters and the Inland Shipping Ordinance, 1976 provides not only for trial of offences, but section 52 of the Ordinance gives special powers to the Marine Court to pay ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......olved: Khondker Mahbub Hossain, senior advocate instructed by Shamsul Hoque Siddique, Advocate- on-Record – For the appellants. Mvi. Md. Wahidullah, Advocate-on-Record– for the respondent. Appeal No. 7 of 1995. Judgment ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ...... April 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 417 As a matter of practice the High Court Division normally grants bail to the persons acquitted on full trial where the state prefers an appeal against the order of such acquittal. The normal order upon ..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......ted by Md. Nawab Ali, Advocate-on-Record — For the Petitioner (In Criminal Petition No. 108 of 1997). Not represented — The State (In both Petitions). Criminal Petition for Leave to Appeal Nos. 103 and 108 of 1997. (From the Judgment and order dated 9-6-97 pas...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......persons and accused Mawlana Abdul Hye also signed his name in the mortgage deeds as witness. Accused Hatem Ali Howlader stood guarantor for repayment of the loan. 3. As already noticed, the trial Court and the lower appellate Court convicted and sentenced the accused-petitioners as afore..Category: Criminal Law | Date: | Hits: 67
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....nt operation at the initial stage the name of the plaintiff was recorded in respect of the land but subsequently the defendants collusively got the land recorded in their names though they have no right, title and interest. The plaintiff brought Misc. case in the Court of Subordinate Judge for c......he appellate Court and that also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circu......s father had taken the lease for his (plaintiffs) benefits and interest during his infancy. The departure in the evidence from the plaint has not been of such a dimension that the defendants were unfairly taken by surprise. The defendants suffered these evidence to be taken. Evidently, this has ......lease deed dated 3 April 1957 which is said to be in confirmation of a lease in their favour granted by the self-same Abdul Aziz Miah earlier to the lease in favour of the plaintiff. 4. The trial Court dismissed the suit on the findings, inter alia, that the plaintiff had failed to prove ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......d with the finding of fact by the last court of fact and such interference is based on detecting error apparent on the face of the record resulting in failure of justice, this court finds no ground for interference. …………..(6) Lawyers Involved: Md. ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......, Narail by judgment and decree dated 4-1-65. One appeal, Title Appeal No. 27 of 1965, the Additional Court of Subordinate Judge, Jessore by judgment and decree dated 24-3-66 reversed those of the trial Court and dismissed the suit. On the plaintiff- respondents’ Second Appeal, SA No. 1028..Category: Property Law | Date: | Hits: 45
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ...... illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restored the case on the ground of filing the petition for restoration on the date of dismissal of this suit. …..(6) Law......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......anuary 19, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restor..Category: Procedural Law | Date: | Hits: 118
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