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Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ver in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half hearted manner.” In reversing the judgment, the reasoning given by the High Court Divisions is not in accordance with the well established principle f......elating to the contract. He, however, stated that the Government took over possession of the property after an enquiry by Circle Officer. But those papers and enquiry reports have not been called for by the contesting defendant in this case and we are still in dark about the findin......ssed the suit. 7. Mr. T. H. Khan, the learned Counsel appearing for the plaintiff appellant contended that the High Court Division erroneously reversed the judgment of the trial Court and found fault with the plaintiff on certain points which could easily be ......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
.... Non-Agricultural Tenancy Act, 1949 and is entitled to protection under section 7 of the said Act. 2. Respondents-plaintiffs filed Title Suit No. 51 of 1965 in the 3rd Court of Munsif, Jessore, for ejectment of the appellant and recovery of khas possession of the suit land. The suit lan......uctures. Mr. Asrarul Hossain contends that as Ext B, the suit-land was leased out. But the words used there are that Rwg fvov †`Iqv nBj. This sounds absurd, for when a land is leased it is called BRviv e‡›`ve¯— in Bengali. It is not called fvov Secondly if the la......years and as such he is protected from eviction except on the ground of violation of the terms of the tenancy as laid down in section 7(5) of the Non-Agricultural Tenancy Act. 3. The trial Court on consideration of evidence found that after destruction of the original tenancy by fi...... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuo..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... complainant Tofazzal Hossain conveying 13 bighas of land and got them registered on Commission at his house on 5-5-65. Further prosecution case was that respondent No. 1 Mir Mohammad Akand, sister's son of Asiruddin, with the help of other respondents forged and fabriÂcated another kabala Ext. 2(c...... it is set aside. The case is remanded back to the High Court DiviÂsion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......, in Sessions Case No. 25 of 1970. Leave was granted to consider the legality and correctness of the order of acquittal pasÂsed by the Sessions Judge. 2. Respondent Nos. 1 to 4 were placed on trial before the Assistant Sessions Judge, Bogra—respondent No. 2 on charge under secÂtion 467 an......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..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, ChrisÂtian Missionaries and another, 1984, 13 CLC (AD)
....f Tk. 5000/-, at the first instance, which is a part of his total claim of Tk. 1,15,000/- with reservation of his right to realise the balance of his claim of damage. During the hearing, when some witnesses were examined, and an Engineer appointed by the Court to ascertain the extent of the......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... Shahabuddin Ahmed J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from...... Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Abdul Karim Meah..................................Appellant Vs. Arch Bishop, Christian Missionaries and another.......................Respondents Judgment May 31, 1983. The Co..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
.... C.S (Executive) Class II. As this was done by way of punishment he was entitled to a notice. The order of reversion was passed illegally and without lawful authority. According to him, this was also done mala fide because the then Government of East Pakistan being influenced by one Major Afsaru......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." ...... (Executive) Class II temporarily there was no malafide or illegality in the order. The appellant was also not entitled to arrears of salary claimed by him. 7. The suit was dismissed by the trial court on the finding that the appellant's appointment was purely temporary and the Government......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.) ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....¦â€¦â€¦â€¦â€¦(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 the property has......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... of Abdul Quader Chowdhury Vs. the State, 28 DLR (AD) 39, the Appellate Division of the Supreme Court duly considered the scope of section 561A Cr.P.C. and categories of cases for quashing before the trial. So was held: “Interference even at on initial stage may be justified when the fact...... 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..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....rrect any accidental slip or a clerical mistake. To go into the matter concerning its merit is beyond the jurisdiction of the executing court once it has executed the decree. Section 47 will apply so long the decree remains unexecuted………….(11) Cases......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......ils of the suit which proceeded in a zigzag way need not be given. The suit was decreed in a preliminary form on 16 February 1974 by the lower Appellate Court upon setting aside the judgment of the trial Court dated 23 December, 1968. Final decree was passed on 15 July, 1976, whereupon the Execu......J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... Acquisition and Tenancy Act, 1950. In both the cases, learnÂed respective Judges of the Single Bench of the High Court Division answered the quesÂtion in the negative and allowed the pre-empÂtion sought for. Consequently, pre-emptees are the appellants before us. 2. Civil Appeal No. 103 of 1......or did not part with his possession but simply made a show of transfer for any purpose such as to put away his creditors, as in the case reported in 51 CWN 644, then such a transaction, whether it is called ‘'Benami" or colourable may be gone into. 6. As to the contention that on revÂersal of...... executed only to clear his title in the land which he had purchased in the benami of his nephew, respondent No. 2, under a preÂvious kabala dated 24 October 1970 (Ext. 2) from respondent No. 6. The trial court rejected the claim of "benami" under the previous kabala holding that the question could...... 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 conferrÂed nor taken away by agreement or concession of parties to litig..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.......................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korban Ali, Advocate,......bmitted that the condemned prisoner is only 26 years of age and that he was in love with deceased Dilara which was not returned by her and resisted by her parents and as such death sentence is not called for in the facts of the present case. 18. We have given our anxious considerat......to what constitutes extenuating circumstances and we have further held in that decision that in the facts of each particular case the extenuating circumstances are to be judicially determined. The trial Court as also the High Court Division found no mitigating circumstances. Nor did us. Thus, co...... Ali Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....ior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Appeal No. 86 of 1989. (From the Judgment and order dated 1.4.1987 passed by the High Court Division, Jessore Session in Civil Revision No. 246 of 1986). Judgment: ATM Afzal J.- This appeal by the ......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......d been depositing the same with the House Rent Controller, firstly, in the name of Abdus Sattar and then coming to know of the transfer in favour of the plaintiffs, in the name of the plaintiffs. The trial Court found from the record of Misc. Case No. 280/80 that the defendant had been depositing re......ance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
.... by her husband, appellant Jatin Chandra Sit. The Sessions Judge, Patuakhali found the appellant guilty under section 304 Part I and section 201 of the Penal Code and sentenced him to rigorous imprisonment for 10 (ten) years under the first Count and to 5 (five) years under the second, making th......ng as to intention, the appellant was rightly convicted under the first part of section 304. 17. Now, coming to the sentence, however, we do not think that it was a case of such nature that called for the second maximum punishment as provided in the first part of section 304 i.e. RI for 1......Jafin and learnt everything from Purna Lakshmi (PW 2). He filed a petition of complaint in the Court of the Magistrate, Patuakhali which ultimately brought the appellant and other three accused to trial before the Sessions Judge. 6. Co-accused Gouranga and Bijoy were also convicte......ions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....ed bituminous concrete work on the Airport Road, Dhaka. A dispute arose between the parties over payment of bill of the Contractor-respondent after completion of the work which was referred to the sole Arbitrator, namely, the Superintending Engineer, Roads and Highways. On 30.10.78 the Arbitrato......ed Subordinate Judge by order dated 28.1.89. 5. The appellants filed Title Suit 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, fraudu......ice dated 12.6.88 because this issue was not tried and decided in any Court. The High court Division did not rightly consider the appellants' papers, because those were neither produced before the trial Court nor proved. For the same reason we shall not consider the respondent's alleged legal no......ith costs. Ed. ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....ring into CS Plots Nos. 784 and 802 appertaining to CS Khatian No. 125 of Mouza Galtoir, PS Chirirbandar, District Dinajpur. His case is that the suit land originally belonged to Dinomoni Barmani who sold the land to her son‑in‑law, Janaki Nath Barman, by a kabala dated 18.1.1938. (Ext. I (a). T......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......d 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 trial Court held that Janaki got his son Lalit’s name included in the CS Khatian fraudulently; tha......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..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
.... eviction from the suit premises. 5. In their joint written statement the alleged of sub‑letting was completely denied. It was stated that Ansar Ali took Sunil as his business partner sometime in 1976 owing to paucity of fund and since then the partnership business of selling banana......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......consider the simple question whether the High Court Division exceeded its revisional jurisdiction under section 25 of the Small Cause Courts Act III reversing the findings of fact arrived at by the trial Court which decreed the suit for eviction of the tenant- respondents. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Razzaq (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....uties as Research Officer in the Development Project of Food, Science and Technology Division of the Council's laboratories at Dhaka honestly and sincerely to the best of his abilities; that due to some personal grudge against him by one Mr. SF Rubbi, the then Scientist in charge in the Council,......s a mere assumption. There are no particulars before the Court for drawing such an inference. What benefits the appellants would have collected in delaying the matter? They could, at the worst, be called callous, but merely for the delay in taking the impugned decision no bad motive can be ascri...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Bangladesh Council of Scientific & Industrial Research (BCSIR) Dhanmondi, Dhaka & other.................Appellants Vs. Abd......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..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
.... dismissing the respondents' suit in respect of property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule. 2. Plaintiff 1 and 2, defendant No. 3 and Mati Miah, predecessor-in-interest of defendant Nos.1 and 2, are admittedly four full brothers. Mati Miah was the elde......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. ...... Mustafa Kamal J.-his appeal, by leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of...... without costs. Ed. ..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....nbsp; Latifur Rahman J.- In this appeal the State has challenged the order of acquittal of Respondents Shafique, Sultan, Abid Ali, Rafiqul Islam @ Rafique son of Mokbul Mia passed by the High Court Division, Comilla Bench in Criminal Appeal No. 25 of 198......ce. 3. The criminal appeal and the leave petition are heard together and are disposed of by this judgment. 4. The prosecution case in short, is that, on 9.9.77 deceased Dudu Miah was called by accused khokan, Rafique, Shah Alam, Shafique and Sultan from the grocery shop at Pauda B......s lodged by PW 1 Md. Manik Miah, the elder brother of deceased Dudu. This witness did not mention the name of Shafique and Sultan in the First Information Report whereas they were introduced at the trial. The learned Judges of the High Court Division on careful consideration of the evidence of P...... (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Accused-Petitioners ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....t land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Proshad by two registered kabuliyats dated 10th Bais......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......Commissioner. On local investigation the suit land and the kabuliyat land was found identical and the Advocate Commissioner's report was accepted by the Court without any objection. 5. The trial Court dismissed the suit after finding, on the basis of the khatian Ext. 6, that the plaint's...... appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and got the aforesaid three sale deeds executed by him for a consideration of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is a......rks has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder fo......n in he was added as a co‑plaintiff in the said suit. The aforesaid highest bidder of the disputed property Syed Altaf Hossain was added, on his prayer, as a defendant in the said suit by the trial Court but ultimately this Division set aside the said order on 25.8.86 in Civil Appeal No. 2......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..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is found out. More often than not, ocular evidence ......l under sections 302/109 Penal Code passed in favour of the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and the...... present case. There, as here, two boys in their teens were charged under sections 302/109 for abetting the murder of a minor boy, Muzammal in nearly similar circumstances. One boy was convicted in a trial by Jury and his appeal was summarily dismissed by the High Court. In acquitting the accused th...... 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 ..Category: Criminal Law | Date: | Hits: 38
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