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Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., 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. ......, 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. ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Joynal Abedin and others…………….. Defendant‑Appellants Vs. ......gh Court Division affirmed the judgment and decree of the lower appellate Court and decreed the plaintiff’s suit on the findings, inter alia, that kabuliyats, Ext. D series being inadmissible documents the courts below correctly left those out of consideration, that the auction sale is not ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....t suffer from any error of law or defect in procedure calling for any interference by this Division. 19. Before going into the facts of this 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 recor...... from any error of law or defect in procedure calling for any interference by this Division. 19. Before going into the facts of this 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 t......ahman J Musa Ali ..................Appellant Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers I...... submissions at the time of the hearing of the appeal. 12. It may be mentioned in this connection that the lower Court's records including plaint, written statement, deposition and exhibited documents were destroyed and the High Court Division had no opportunity to look into the lower Cour..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....erties and for partition of item Nos. 2‑8 of Schedule Ka land. 3. The various defences taken by defendant No. 1‑appellant in his written statement are not very material in this appeal. The relevant defence for the purpose of this appeal is that Bisudhananda Mahathero, an impartial person ......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. ......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chanjury Talukder and another .................................Appellants. Vs. Chingneshay Magni a......ppellants, argued both on Ext. B, the alleged will, and the award of Bisudhananda Mahathero and submitted that the High Court Division did not correctly appreciate the legal consequences of these two documents. 8. With regard to the will Ext. B it was his first submission that the document wa..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....th executed and registered a Will in favour of the plaintiff on 3.2.45 in respect of the aforesaid property and appointed one Madan Sarkar as the executor therein. The plaintiff was a minor at the relevant time. The said executor probated the will on 18.2.61 in Probate Case No. 66/56. The plaint......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. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. Judgment A......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. ..Category: Property Law | Date: | Hits: 77
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....r the agreement, debt dues from the employees, and the other was an ascertained and enforceable liability by virtue of the agreement, and the expenditures were incurred for the business during the relevant previous year. 11. It is a well‑settled principle of law that in Income......ced loss of Tk. 1, 30,759.00. In support of the revised return neither the statement of accounts, nor the statement of debits and credits of account, nor the books of accounts and other supporting papers were produced before the Deputy Commissioner of Taxes, Companies Circle III, Chittagong, in ......n, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 31 of 1988 (From the Judgment and order dated 28.4.85 and 29.4.85 passed by the High Court Division, Chittagong Bench in Applica......ides, the question of the applicability of a section of the Act to a particular set of facts or its construction is always a question of law. 12. In this case no supporting papers and documents excepting the Agreement dated 14.9,72 were produced by the assessee in support to its cla..Category: Fiscal/Taxation Law | Date: | Hits: 84
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... exhibits at the trial were not produced at the time of filing of the suit as required under rule 14 of Order VII of the Code of Civil Procedure. It appears from Order No. 46 dated 6.7.91 that the relevant documents were marked exhibits at the time of examination of plaintiff’s witness No......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. ......ff‑Respondent Judgment March 8th, 1992 Case Referred to- Lahore Improvement Trust Vs. Khuda Bakksh Meraj Din PLD 1956 Lah. 252. Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharifuddin Chaklader, Advocate‑on......nding liabilities in respect of a sanctioned overdraft facilities granted to the defendant. At the time of filing of the plaint the plaintiff along with the plaint filed photo‑copies of some documents with a list of documents. Thereafter the plaintiff filed an application praying for takin..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the mark. Our attention is drawn to the following observation of Gwyer CJ in Re CP Motor Spirit Act, AIR 1939 Federal Court 1 (5) with regard to the decisions of foreign Courts: [W]here they are relevant, they will always be listened to in this Court with attention and respect, as the judgments...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others ...........cisions and passages from Maxwell's. The Interpretation of Statutes, Cruise on Statute Law and Odger's Construction of Deeds, the Pakistan Supreme Court reiterated the ancient rule of construction of documents that 'whether they are constitutional characters or ordinary statutes or other documents, ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....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. ......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. ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another................................to the same within a reasonable period, to have the prosecution witnesses examined in his presence and to cross‑examine them, to adduce his own witnesses in support of his defence, to inspect documents proposed to be used against him, generally to have the inquiry conducted in his presence..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....of plaintiff No. 1. The question of benami auction‑purchase was raised and hotly contested before the trial Court. The appellate Court's finding in this regard can not be termed as irrelevant. It was a material finding though no issue was framed on that point before the trial Court......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. ...... Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moo......n the recital was that the owner of the property died leaving the appellant as the only lawful heir and he released all his rights, title and interest that devolved upon him to the recipient of the documents. The further recital was that the entire immovable property belonging to the owner was r..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....documents in deciding the revision case. 10. The documents in question are: Khatians No. 95 of mouza Sundarpur, PS Kharagram, District Murshidabad Exts A 2(2) A2 (3); Information slips from relevant Sub‑Registry Offices of Murshidabad ‑Exts. O series, Z (2(4); last deed of DSR......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. ......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun an......ugned ex parte decree and the Kabalas in pursuance of the same were obtained by practicing fraud upon the court and as such defendant Nos. 1 and 2 did not acquire any title on the basis of the said documents. 8. The appellants took an appeal against the said decree, Title Appeal No. 145 of..Category: Property Law | Date: | Hits: 58
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....ossession at the date of the sale a suit by a purchaser is to be filed within 12 years from the date when the judgment debtor is first entitled to possession. This is provided in Article 137. The two relevant Articles read as follows- 137. Like suit by a purchaser at a sale in executi......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: ......(Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The......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: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....o deliver the balance quantity of cement to the respondent on its furnishing an Indemnity Bond. 18. Leave was granted to consider whether the High Court Division upon a correct appreciation of the relevant laws, particularly relating to importation of goods and functions of the Customs Authoritie......ion of the original importer's Bills of Entry and clearance from the CCI & E, the Bangladesh Bank and the Shipping Agents could not be entertained. The respondent failed to produce such necessary papers and documents and hence its claim was rejected lawfully. The permission of CCI & E is nec......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia......itzerland purchased 10,000 metric tons of cement as aforesaid from an Iraqi Company, namely, Layth Mahdi Saleh and sold the same in favour of M/s Nidera Hendels Compagnie of Holland for "cash against documents" and M/s Nidera sold the same to M/s MA Baker of Chittagong against irrevocable Letter of ..Category: Business or Commercial Law | Date: | Hits: 130
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....them and according to their instructions he raised hue and cry after the occurrence. He further stated that as per ill‑advice of his elder brother he helped them in this work. This is all the relevant incriminating statements of Shamsul Haque. 14. In the confessional statement of Sh......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ....... Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......e day, i.e. 5 August 1986 sent back the suit for re‑hearing "in accordance with law giving both the parties reasonable opportunity to adduce further fresh evidence and to file necessary papers if any." This order is in question in this appeal. 8. Mr. M Nurullah, learned Ad...... ......to be the additional evidence of the substituted plaintiff Mahmuda Khatun and that of defendant No.1 (since deceased). The paper book prepared in the High Court Division shows that it contains the documents adduced by the parties. 12. From the impugned judgment it appears that the learned..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....edure, 1898 (Act V of 1898)." 23. The above provision maybe unhappy and inadequate, but that is where the legislature has stopped. If the summary criminal procedure is not good enough or is hardly relevant to the disposal of an application under section 34, the Labour Court willdispose of the mat......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- ......n such Court under the Code of Civil Procedure, (Act V of 1908) including the powers of‑ (a) enforcing the attendance of any person and examining him on oath, (b) compelling the production of documents and material objects, (c) issuing commissions for the examination of witnesses or docum..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....sions Judge it will be fatal and the convict cannot be kept in custody for undergoing imprisonment". 7. Before we consider the contentions of the respective parties let us refer to some relevant provisions of the Chief Martial Law Administrator's Proclamation dated 7th April, 1979. By......nd that she believed that there was no such case. On an information slip filed by the father of the detenu with the officer‑in‑charge of the Record Room of Tangail to know what were the papers and documents in support of the entry in the General Register respect of GR No. Case No. 38...... Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &n...... believed that there was no such case. On an information slip filed by the father of the detenu with the officer‑in‑charge of the Record Room of Tangail to know what were the papers and documents in support of the entry in the General Register respect of GR No. Case No. 385(2)76 an i..Category: Constitutional Law | Date: | Hits: 365
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
.... is directed 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 wit......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. ...... Ed. ......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. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....r of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms". (relevant portion only). It appears clearly that "lease" in this section is a right only of occup......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... person under sub-section (1) and all persons leaving in the same mess and dependant upon him but does not include any servant or hired labourer. 5. Other provisions of this section are not relevant for our purpose excepting those relating to wakf. They have been set out in sub-section (5......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. ......................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho......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. ..Category: Others | Date: | Hits: 142
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......nce story without going into the merit of the case and this has caused a miscarriage of justice. 5. In this connection it is necessary to refer to the petition of complaint and also to the papers filed on behalf of the respondent. The petition of complaint shows that on 19th of January, ...... Ahsanuddin Choudhury, J. Kemaluddin Hossain. J. D.C. Bhattacharya. J. FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. Cases referred to: ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
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