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Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......474 of 1996 on 20-8-96 setting aside the order dated 30-6-96 passed by the Additional District Judge, First Court, Brahmanbaria in Election Tribunal Appeal No. 5 of 1993 dismissing the said appeal for default which arose from the judgment and order of Election Tribunal Case No. 13 of 1992 of the......ved upon the appellant for appearing in the case when the matter was taken up for hearing. 8. This practice of granting relief summarily without issuing any Rule is held to be illegal and unfair by this Division in the case of Abdul Wahab vs. Ali Ahmed reported in 44 DLR (AD) 55. In tha...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....fact that the defendant-appellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High Court Division take the right view in law and on facts in assessing the quantum of damages sustained by the plaintiff The ......994 (From the Judgment and Order dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgment: Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a co......gally and wrongly impleaded in this suit which is liable to be dismissed with exemplary costs. 4. The plaintiff examined 3 witnesses and the defendants examined 2 witnesses. Both exhibited a fairly good number of documents. 5. Both the trial Court and the High Court Division concur......oast or offshore. The alleged claim of the plaintiff is false, malicious and frivolous and they are the creation of the enemies of defendant-appellants No, 1 whose status in the society as an industrialist is envied by many including the plaintiff. The defendants have been illegally and wrongly ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....indicates that a particular case may also be tried in a place other than the normal place when the sitting of the Court of Sessions takes place. 7. Secondly, the Government has reserved the right to issue not only a general order but also a special order directing at what place or places ......uiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General with him), instructed by Mvi Md Wahidullah, Advocate-on -Record — For the Respondents. Civil Petition for Leave to Appeal No. 572 of 1997 (From the Judgment and Order dated 30-4-97 passed by the...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessions Case No. 319 of 1997 arising out of Dhanmondi PS Case No. 10 (10)96 under Dhaka M..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... in an appeal and further has laid down certain propositions which! are unknown and thus are likely to mislead the Subordinate Courts resulting in real miscarriage of justice. The learned Advocate for the respondent even though happy with the result of the appeal and supports the decision on mer......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......entre in the afternoon and took up investigation of the case and ultimately submitted charge sheet against 16 accused including the respondent. 5. However, 19 persons were ultimately put on trial before the Sessions Judge, Barguna in ST Case No. 22 of 1991. Charge under sections 302/326/1..Category: Criminal Law | Date: | Hits: 77
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....urt Division without issuing any Rule and without hearing the petitioner granted all the relief that was prayed for the respondent. 3. Mr. MA Wahhab Miah, learned Advocate for the petitioner rightly cited the cases of Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Alt Ahmed Abdul Hafiz vs. MA......ner. Dr. Rafiqur Rahman, Senior Advocate, instructed by Sirajur Rahman, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 461 of 1995. (From the Judgment and Order dated 9-7-95 passed by th......Sen vs. Gouranga Bejoy Das, BLD 1989 (AD) and correctly submitted that granting of reliefs summarily on a revisional application without issuing any Rule on the opposite party is neither legal nor fair and the learned Judges of the High Court Division have committed grave error of lawn passing t......nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ..Category: Procedural Law | Date: | Hits: 98
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.... damages, compensation, mesne profits of the vacant land she produced no document to support her claim. In view of the assertions in the plaint and her evidence as PW 1 the High Court Division had rightly found as follows: “The two Suit buildings are very old and dilapidated.......First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara Begum as plaintiff brought the same against the appellants, Government of Bangladesh and Additional Deputy Commissioner (Rev) Dhaka for realization of a sum of Taka 83,61,000.00 (Taka eighty three lacs and sixty one thousand) for ...... 10. The aforesaid calculations clearly have no basis and are contrary to the finding of the said court that the suit property was old, dilapidated and unfit for human habitation. It is fairly settled that there must have to be tangible grounds and calculable evidence for ascertaining......ot fit for human habitation. 3. The defendant appellants contested the suit contending that the claim of the plaintiff was untrue and that they were all imaginary with no basis at all. The trial Court dismissed the suit after finding that the plaintiff claims were based on surmise and co..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ructed by Sharifuddin Chaklader, Advocate-on Record—For the Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed b......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......9 of 1997 in the Court of the Sessions Judge, Dhaka. 2. The respondent is the wife of the absconding accused Lt. Cot. Khondker Abdur Rashid. who along with the respondent and many others is facing trial in the aforesaid Sessions Case which arose out of Dhanmondi PS Case No. 10(10) 96 (OR Case No...Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......t Division, Dhaka in Criminal Revision No. 2399 of 1991 (Dhaka)1278 of 1988 (Rajshahi). Judgment: ATM Afzal CJ: The petitioners are some of the accused facing trial for an offence of murder in Sessions Case No. 11 of 1987 in the Court of the Session Judge, Thakurg......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......h Court Division, Dhaka in Criminal Revision No. 2399 of 1991 (Dhaka)1278 of 1988 (Rajshahi). Judgment: ATM Afzal CJ: The petitioners are some of the accused facing trial for an offence of murder in Sessions Case No. 11 of 1987 in the Court of the Session Judge, T..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
....adsha Miah, defendant’s predecessor was a monthly ejectable tenant under them at a rental of Taka 350.00 per month. Badsha Miah died on 30th Bhadra. 1393 BS and thereby the defendants have no legal right to retain possession of that the suit premises are also bona fide required by the plaintiffs. ......nd ors. 44 DLR (AD) 1, 32 DLR (AD) 170. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For Petitioners. Md. Nowab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 176 of 1992. (From the judgment and order dated 18-2-92 passed by the Hi...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......e a ground for review. 6. Mr. Miah Abdul Gafur, learned Advocate on-Record appearing for the petitioners sought to reagitate his submissions he had made before the High Court Division, namely, the trial Court tenancy right in the suit premises ceased and that the decreed the suit on the ground th..Category: Property Law | Date: | Hits: 63
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......t avail of. 2. The appellant’s case in the writ petition was that on 19-9-91 one Tabarakullah, Chairman- in-Charge of No. 8, Sonapur Union Parishad under PS Begumganj lodged a first information report with Begumganj PS against the appellant and another Anwarullah alleging, inter ali...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......et against both of them on 3-12-91. The appellant obtained bail from the Thana Magistrate, Begumganj. The case was then sent to the Court of Senior Special Tribunal and Sessions Judge, Noakhali for trial where it was numbered as Special Tribunal Case No. 21 of 1992. Charge was framed against the ..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....Shafique Ahmed then placed before us the appellant’s representation dated 20-12-86. He claimed absorption in the new National Pay Scale of Taka 1400.00-2225.00 also claimed promotion as a matter of right in respect of officers of category and was aggrieved by his placement as Grade-V Senior Office......rative Tribunal, Dhaka in Administrative Tribunal Case No. 27 of 1989, dismissing the appellant’s application under section 4(2) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981), henceforth the said Act. 2. The appellant, a Manager in the Audit Division of the Head Office, Agrani ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......ss appeal. The respondent’s appeal was dismissed and the appellant’s cross-appeal was allowed by judgment and decree dated 28-4-86 passed by the 3rd Court of Additional District Judge, Dhaka. The trial Court’s decree was modified thereby. The decree of loss of 3 years’ seniority in service w..Category: Administrative Law | Date: | Hits: 131
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
.... suit ordinarily ‘thus, means the cause which leads the plaintiffs to bring a legal action. The incidence of cause of action must be, antecedent to the bringing of the suit at a time when the right to sue arose for the first time. It consists of the entire set of facts which gives rise to ......of 1986 and setting aside the judgment and decree dated August 3, 1986 passed by the learned Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......ohammed and they being the successors of said Fakir Mohammed are the owners in possession of the suit land. 4. Considering the evidence of 7 PWs and 3 DWs and the documentary evidence, the trial Court decreed the suit in part declaring plaintiffs title to 3.20 acres of land out of 3.53 a..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....whether a transaction is voidable or void there is a simple criterion: did the transaction create any legal effects, that is, did the transaction transfer, create or terminate or otherwise affect any rights. In a void transaction no legal effects are produced. In a voidable transaction legal effects...... and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala b...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......hat suit the original documents were with him. His further plea was that the suit was barred by limitation and that the suit was hit by the proviso to section 42 of the Specific Relief Act. 5. The trial Court decreed the suit ex parte. The defendant thereupon preferred Other Class Appeal No. 32 o..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......rise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......ance time is the essence of contract is not disputed before us in view of the decisions in Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169 and Abdur Rahman v Haji Ranga Laskar, 15 DLR 274. The trial Court did not miss this principle but the lower appellate Court did. The trial Court gave a f..Category: Property Law | Date: | Hits: 60
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
.... a written statement denying the material allegations made in the plaint that the plaintiffs mother became the heiress of Md. Ismail or that he died in December, 1971 or that the plaintiff acquired right, title and interest in the property as the sister’s daughter of Md. Ismail. She assert......nd measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. Th......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t the plaintiff acquired right, title and interest in the property as the sister’s daughter of Md. Ismail. She asserted that her kabala dated 13 May, 1984 was a genuine one. 4. At the trial the plaintiff examined as many as 3 witnesses and proved several documents in support of her ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2...... executed after considerable deliberation and the person expressly shown as the purchaser or transferee in the deed, starts with the initial presumption in his favour that the apparent state of affairs is the real state of affairs. Though the question, whether a particular sale is benami or no......il 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgme..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
.... Kushtia. Ibrahim took loan from many people and to avoid the creditors Ibrahim got settlement of the suit land in the name of his first wife Asia Khatun. Thereafter Judhistir transferred malikana right to Ibrahim through Dhirendra on the basis of the power of attorney executed by him. Asia Kha......der dated 15-2-86, affirmed by the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating,......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ...... first wife of Md. Ibrahim. Claiming as they do a share in the suit property through their mother Asia Khatun the plaintiffs have the onus to prove their prima facie title to the Suit properly. The trial Court found that both from the evidence of the plaintiffs and the defendants the gift of 0.08..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....pal relief and is absolutely necessary for preservation of the subject matter of the dispute pending adjudication by the High Court Division. Mr. Ahmed has been fair enough to submit that no legal right has accrued to the petitioner merely because he has come out to be the highest bidder. Mr. Ah...... Petitioner. Abdus Samad, Advocate, instructed by Md, Nawab Ali, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 p......ancillary to and in aid of the principal relief and is absolutely necessary for preservation of the subject matter of the dispute pending adjudication by the High Court Division. Mr. Ahmed has been fair enough to submit that no legal right has accrued to the petitioner merely because he has come ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......and sentence passed by the Thana Magistrate, Tarali, in CR Case No. 95 (1)92 convicting the appellant under section 406 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for one year. 2. Relevant facts for the purpose of the disposal of the appeal briefly be na......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......to repay the same. On 15-12-91 the charge under section 406 of the Penal Code was framed against him. He denied the charge and claimed to be innocent. Subsequently, he did not appear in Court and the trial was held in absentia under section 339B of the Code of Criminal Procedure. Prosecution examine..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....f has been in possession of the disputed land in assertion of his ownership by purchase openly, peaceably, continuously and adversely to all and sundry since January, 1963, that in assertion of his right of ownership by purchase under an agreement with defendant No. 1 he had installed flour and ......8 March 1980 passed by the Subordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defen......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......f examined 5 witnesses including himself while the contesting defendant examined 3 witnesses. Several documents were also proved by the parties in support of their respective cases. 5. The trial court, besides the issues framed in the regular course, took up an additional issue for decis..Category: Property Law | Date: | Hits: 72
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