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Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......resent: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment October 19, 1983. The......s Judgment October 19, 1983. The Criminal Procedure Code, 1898 (V of 1898), Sections 435, 439. Under section 439 Cr.P.C. the Court even Suo motu can call for the records and there is no legal bar in filing revisional application before the High Court Division by the complainant when ..Category: Anti-Corruption Laws | Date: | Hits: 112
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) ...... parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) Cases Referred to- ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....tion……………………(9) Partnership business- Partner cannot be held liable u/s 405 of the Penal Code In case of partnership every partner has dominion over the partnership property by reason of the fact that he is a partner. It is a kind of dominion which every owner of t...... The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws......n with accused No. 1 took away Tk. 5.000/- from the business of the complainant and those amounts were taken without the consent of the complainant. The complainant stated that by their conduct and illegal activities the accused have committed an offence under sections 420 and 406 of the Penal Code...Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....though both parties had earlier made a submission that the decree had been satisfied. In the case of Basiruddin Sarkar, (AIR 1935 Cal.) as referred to by Mr. Rouf, it has been held that "on a proper case being made out an execution proceeding may be re-opened after recording that the decree......J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ......shy;tion already completed taking the ground that the decree was a nullity as five defendants, judgment-debtors, had died "before the final decree and the execution proceeding" but their legal representatives were not brought on record. The application was contested by the decree holde..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....ge that the question of benami cannot be decided in a pre-emption proceeding is erroneous, and the other is that when the order of the Additional District Judge in first revision was set aside, the proper course left for the High Court Division was to maintain the Subordinate Judge's order of rema...... The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litig......onal application against the Subordinate Judge's order in appeal. On their submission the learned Single Judge of the High Court Division set aside the order of the Additional District Judge as if no legal proceeding were taken in revision before the District Judge, and then suo motu proceeded to re..Category: Property Law | Date: | Hits: 122
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....it in the Court of the Assistant Judge, Sadar Upazila, Kushtia on the averments, inter alia, that the suit premises belonged to one Abdus Sattar and the plaintiffs purchased the same along with other properties for valuable consideration by four registered kabalas dated 24.11.79 after publication in......ance with law. The appeal is allowed without any order as to cost. Ed.......e that the conditions for depositing the rent with the Rent Controller were satisfied. It is not enough to prove that the rent was deposited under section 19 without further proof that the tenant was legally entitled to make the deposit. There cannot be any presumption as to due offer of rent to the..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....ersonal use and occupation of his son and daughter and family in Dhaka, as he has got no other accommodation in Dhaka and for making addition, alteration and renovation of the building of the suit property, according to his choice to make it habitable for his own family............”. The d......e enforced through Court. Ed. ......ouse for his residence or that he had even any intention to shift from his sister's house and reside in the suit house. The High Court Division held that the learned SCC Judge did not commit any illegality in discarding the plaintiff s case of bonafide requirement. 8. Mr. TH Khan, learn..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... particular form for passing an award. An award need not contain a judgment, no reasoning need be given, According to Mr. Ahmed, the Memo in question contains two parts. The first part is the award proper and the second part contains the ways and means of implementing the award. Unless the amount......ith costs. Ed. ......t No. 378 of the same Court for a declaration that the aforesaid orders dated 29.9.88 making the "so‑called" award a Rule of the Court and the subsequent order dated 10. 11.88 are illegal, fraudulent, null and void, inoperative and not binding upon the plaintiff‑appellants.&..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....enge the plaintiffs tide and possession in Plot No. 802. 5. After finding that Dinomoni inherited the land of CS Khatian No. 125 from her husband, and that her son-in-law Janaki looked after tier properties and that there was no basis for the noting of the alleged exchange in the CS Khatian the ......llate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafizuddin Ahmed...............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers I...... as an official act, without considering that the proceeding was initiated at the instance of a private party and if it was concluded without serving notice on necessary parties it would not have any legal effect. In view of the above, the judgment and decree of the High Court Division are set as..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......afiqur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 52 o......, Bangladesh Council of Scientific and Industrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case is that since his joining the service of the Council ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....session on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The lower appellate Court modified the trial Court's decree, dismissing the respondents' suit in respect of property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule. 2. Plaintiff...... without costs. Ed. ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N......o pay the highest bid money of Tk. 84, 00,000.00 but the Ministry rejected her prayer. It has been alleged that the appellant having found no other way and in order to grab the disputed property illegally managed to bring the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and go..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....he showed the accused persons on 6.6.79 and 18.5.7 9 to the identifying witnesses before TI Parade. 69. From the evidence as circumstances which emerge in the case are catalogued hereinbelow for proper appreciation of the case: (i) From the evidence of the parents, PW 1 Abdus Sattar and...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The ......y but before that it may be noticed as to what are the circumstances sought to be proved in the case, who are the witnesses proving each of such circumstance and how much of the circumstance has been legally established. As I Proceed, I shall refer to the findings made by the High Court Division in ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....n Magistrate, Dhaka, that the case land, namely, more or less two bighas of land under PS Tejgaon, District Dhaka on CS plot No. 533, corresponding to SA plot No. 1348 and RS plot No. 2630, is the property gifted to her by her father, the first party-appellant alleged breach of peace over posses......Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involve...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......lam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the High Court Divisio...... their interest in the suit lands had no longer any subsisting interest to contest the suits. PO No. 12 of 1972 was promulgated on 6th February, 1972 to provide for the saving of limitation for all legal proceedings and for the nullification of all judgments, decrees and orders passed ex parte o..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....8.2.85 (Annexure-M to the writ petition) issued under the signature of respondent No. 3, setting aside, inter alia, the deed of settlement (Annexure-G) dated 9.10.79 and declaring further that the property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control ......ity and is of no legal effect. Ed. ......ch of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. 2. The appellants filed the aforesaid writ petition against respondents Nos. 1-4 challenging the legality of the Memo No. Da-73/84/202 Acqn. dated 28.2.85 (Annexure-M to the writ petition) issued ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....Zamindar, to be held at a rent fixed in perpetuity by the lessee and his heirs for ever. Zamindar is the landlord, patnidar is his tenant. A patni although in form a lease, is not a mere lease-hold property. A patnidar may let out the lands in any manner conducive to his interest, provided his in...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. L......6A of the Bengal Tenancy Act. No rent being due from the pattani holders the howla could not be sold under section 9 read with section 11 of Patni Regulation of 1819. As the auction sale was made illegally it was void and illegal and did not affect the rights and interests of the plaintiffs in th..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....s to the actual acquisition of the land upon payment of compensation the defendants failed to prove their case of "alleged acquisition" and the "actual acquisition" of the suit property by the Railway is very much "questionable". On the other hand, it was found that......din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an......d 14 annas share in Khatian No. 5 which was inherited by his son and on his death it devolved upon Nur Hossain who sold it to the plaintiff by a registered kabala dated 1.9.1964 for Tk. 4000/-. The legal heirs of the recorded tenant in RS Khatian No. 7 transferred their interest to one Hafizur R..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....o. 2 has since died and been substituted by her heirs). 3. The plaintiffs also prayed for temporary injunction restraining the appellants from disturbing in any manner the enjoyment of suit property by them. The appellants contested the prayer for temporary injunction by filing a written ....... Defendant-Appellants Vs. Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....1. In criminal cases section 106 of the Evidence Act, is attracted in exceptional cases where a role fact is pre-eminently within the knowledge of the accused. The rationale is simple. It is just and proper that the accused is to prove a fact that is especially within his knowledge because he could ......Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Referen...... be an over generalized statement, but basically it is a correct finding, because the incriminating circumstances for which the respondent could at all be arraigned lost all its relevance for lack of legal evidence for establishing the crucial fact that the accused was in his house when his wife was..Category: Criminal Law | Date: | Hits: 49
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