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Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....No. 44 of 1981.) Judgment Badrul Haider Chowdhury.- This appeal by special leave is directed against the judgment and order of the High Court Division in F. A. No. 44 of 1981. 2. The predecessor of the appellants filed Title Suit No. 31 of 1977 in the 5th Court of Subordinate Judge, Dhaka f......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......compliance with the provisions of P.O. 142 of 1972 Government of Bangladesh was added as defendant No. 4 and it adopted written statement filed by the Assistant Custodian of Enemy Property. 6. The trial court decreed the suit holding that the Bainapatra was a genuine document and the appellants w......d in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....the facts and circumstances of the case the High Court Division correctly refused to interfere with the order…………………….(13 & 14) Cases Referred to- Narasimha V. Sengodi AIR 1955 Mysore 79, Padam Sen and another V. State of U.P. AIR 1961 (SC) 218, Institution of Engineers V. Bishu......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......gement and order dated 20th April, 1986 passed by the High Court Division, Rangpur Bench in Civil Order No. 250 of 1986.) Judgment: M. H. Rahman J. - Leave was granted to consider whether the trial court erred in law in issuing a Commission for inspection and for preparation of an inventory ...... 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....th resulted from the injuries and not from the surgical operations the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. Surgical operations are sometimes resorted to for saving the life of an injured person when brought to hospital. If death of......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ...... was removed first to the Pabna Hospital and from there to Rajshahi Medical College Hospital for treatment, but he succumbed to the injuries two days later. The respondents and two others were put on trial on a charge of murder committed by them in furtherance of their common intention. They pleaded......ate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State....................................Appellant Vs. Tayeb Ali and others…………………...Respondents Judgment March 31, 1987. Result: The conv..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....en after accumulation of rent for many months and such practice was going on from the beginning of the tenancy. 5. The suit land originally belonged to the maternal-grand-father of the plaintiff's son from whom the defendant took lease of the premises. A chart showing the realisation of rents by ......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......f this case the opinion is that the defendant had made out a case of waiver and acquiescence and the judgment of the High Court Division passing a decree of eviction is liable to be set aside and the trial Court was correct in dismissing the suit…………………..(19 & 20) Cases Referred to- ......Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this c..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....ate-on-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No. 18 of 1985. (From the judgement dated 2-8-83 passed by the High Court Division, Jessore Bench in Second Appeal No. 280 of 1978.) Judgment: ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) in Second Appeal setting aside the judgment and decree of the court of appeal below and restoring those of the trial court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second ......f 1978.) Judgment: A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court Divisi..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....s to Hasna Banu by two registered deeds of sale in 1934 who transferred the entire plot No. 404 to her daughter Afia Khatun (Appellant No. 2) on 9th February 1952 and the entire plot No. 400 to her son, Abid Ali (respondent No. 1) on 29th April 1984. Afia Khatun transferred the entire plot N......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......ucted by Serajur Rahman, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Appeal No. 36 of 1985. (From the Judgment and Order dated 21. 1. 85 passed by the High Court Division, Comilla in Civil Revision No. 114 of ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandra Saha, who was admittedly owner of that property. Defendant No. 2 and father......idence Act which provides as to the mode of proof of the execution of document required by law to be attested and the law is that it shall not be used as evidence until one attesting witness has been called for the purpose of proving execution if there be an attesting witness alive and capable of gi...... Nos. 4 and 5; that the sons of Surendra are Indian and hence after the death of Surendra it becomes enemy property and the Assistant Custodian leased out the property to defendants 3 to 5. The trial court dismissed the suit. It was affirmed by the appellate court and the High Court Division d......Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....nd defendant Nos. 5 and 6 put their left thumb impressions on receiving Rs. 4, 000/- from the plaintiff. Defendant No. 5 put the left thumb impression on her behalf, and en behalf of her minor son defendant No. 4. The plaintiff also purchased the defendants' huts on the suit land and wa......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......he plaintiff fabricated a forged document. 4. After considering that P.Ws. 2, 3 and 4 supported the plaintiff's case and that defendant Nos. 1, 3 and 6 did not come to contest that case the trial Court decreed the suit. 5. The appellate Court, however, reversed the decision of the......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J A. T. M. Afzal J Sudhir Chandra Sil & anr…………………………&..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....nt and order passed by a single judge of the High Court Division, Dhaka, in Civil Revision No. 234 of 1983 summarily dismissing the application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Title Suit No. 262 of 1975 in the First Court of Munsif, Gopal...... sides and the learned Munsif found that the solenama was not genuine and accordingly rejected it with a direction that the original suit be proceeded with. The learned Munsif found that in the so-called solenama nothing was mentioned about any consideration but in the evidence the defendants to......nama nothing was mentioned about any consideration but in the evidence the defendants took the stand that they paid Tk. 5,000/- as consideration of the compromise. This story was disbelieved by the trial court. 5. On appeal by the defendants the Appellate Court below noticed that th...... A. T. M Afzal J Kalitara Biswas………………………………….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. L..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....d of limitation"—the learned Single Judge of the High Court Division asked the Deputy Attorney General of the Government of Bangladesh to file an affidavit disclosing the name of the person responsible for the delay. As the supplementary affidavit, affirmed by a dealing assistant of t......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......il Procedure. 2. Plaintiff-respondents' Title Suit No. 194 of 1973 in the Court of Munsif, 1st Court, Pabna for declaration of title and confirmation of possession was dismissed by the trial Court. On appeal that suit was decreed on 4th April, 1983. Defendant 1, the Government, ......h, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………………Responde..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... Manager of the Sonali Bank, Malibagh Branch, in which both the company and the respondent-petitioner had Accounts, temporary loans were raised by the bank manager for the company from different persons including the petitioner and for that purpose a signed cheque-book along with a signed letter-......arties including the bank manager and partial admission of the claim as well as tie admitted signatures of the company's managing director in Exts. A, B and C, it seems no interference is called for at this stage. But though it has been admitted the company court got necessary power ev......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both th..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 (From the Judgment and order dated 11.2. 86 passed by the High Court Division, Circuit Bench, Jessore, in Death Reference No.9 of 983 with Jail Appeal No. 94 of 1983 and Criminal Appeal No. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......ction with Hamida, second wife of Elias and that these people, acting in conspiracy with Golam Ali, caused the murder by bringing hired assassins from Barisal. On consideration of the evidence the trial Court held three of the accused, namely, the appellants, guilty of murder committed in f......Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 (From the Judgment and order dated 11.2. 86 passed by the High Court Division, Circuit Bench, Jessore, in Death Refer..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....rty, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (1829) 9 B & C. 750, 752. Lawyers I...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......ttachment, seizure or sale in execution of a Civil Court decree or orders of any other authority’. 23. This objection was accepted and the Execution case was dismissed by the trial Court by Its order dated 28 January 1970. But the decree-holder challenged this order by an a......hman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appellant Vs Assistant Custodian, Vested and Non-Resident Property, Chittagong and others .............................Respondents ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
.... Shahabuddin Ahmed J. - I have gone through the judgment proposed to be delivered by my learned brother, A.T.M. Afzal, J, but as I could not agree on the reasons for which acquittal of the respondents is sought to be supported I am giving my own reasons ag......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......s family against them as they had opposed anti-social activities of these three notorious thieves. Prosecution examined 10 witnesses and the defence examined five witnesses. On these materials the trial Court found six out of 14 accused put on trial guilty of murder. But the appellate court arri......hmed J M. H. Rahman J A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents Judgment Ma..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....urt Division Dhaka (Sultan Hossain Khan, J) affirming in revision the decree passed concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test examination and interview, selected for appointment......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......ion l8(a)of the Bangladesh Biman Corporation Employee (Service) Regulations, 1979 and was, therefore, illegal, void and without any binding force. 6. On appeal, being Title Appeal No. 146 of 1985, trial Court’s judgment and decree were affirmed by the learned District Judge. Appellant Corporati......sent: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....lbir Singh vs. State of Punjab AIR 1957 S.C. 216; Rajindar Kumar and another Vs. State of Punjab AIR 1966 S.C. 1322; Shivji Geni Mohiti vs. State of Maharashtra AIR 1973 S.C 55; Thimma vs. State of Mysore AIR 1971, S.C. 1871 (1877); Datar Singh vs. State of Punjab AIR 1974 S.C 1193 (1201); Prakash M......to live in the house of Ashabuddin. On 2nd May, 1976 the deceased went to Hafsa's house in the afternoon. (ii) P.W.3 Hafsa stated that on the day of occurrence at about Magreb time the two accused called her husband away for going to Srimangal town, she told that as the accused used to manage her......ter investigation submitted a charge-sheet under section 303 and Kabir was charged under sections 201 and 302 B.P.C. The prosecution examined 25 witnesses and the defence examined none. 4. The trial court on consideration of the evidence came to the conclusion that accused Lalu committed the ......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....d." in June 1985. The business of the company consists in import, sale and servicing of computer machines of various kinds, manufactured by reputed Foreign Firms including Tandy and IFM and also in imparting technical education and training in computer science and technology. The company go......d. v. The Manchester Brewery Company Ltd. (1899) A.C 83. There the Manchester Brewery Company Ltd. had carried on business under that name for years. The appellant bought an old business called "the North Cheshire Brewery Company Ltd." and then got this incorporated and regis...... learned Single Judge of the High Court Division dated 26 June 1986 refuting temporary injunction to restrain the respondents' use of a trade name, “Ciproco Computers”. The learned trial Judge took the view that "there is a gulf of difference between the ''Ciproco Computer&q......buddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Case..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
.... The application to re-admit the petition for review it clearly barred by Article 160 of the Indian Limitation Act and I can find no ground for extending (even if I had the power to do so) the period prescribed by law. Petitioner may have been ill, though we have only his own statem......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ...... restoration of a review application, contained in sub-role (2) of rule 7 of Order 47 of the Code, is subject to Article 160 of the Limitation Ace. The applicant is to satisfy the Court within trial fixed under Article 160 of the Limitation Act, that he was prevented by sufficient cause from......ate Division (Civil) Present: F.K.M A. Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....22.8.81. Suddenly after three weeks, the Director of Fishery cancelled the lease whereupon the petitioner challenged the order by way of writ, namely, Writ Petition No.19 of 1982. The rule was made absolute and the High Court Division declared the cancellation order as void, whereupon the appellant ...... mala fide view was responsible for patting the impugned order. 38. Since it has been already found that the lease was granted to the appellant which is a co-operative society of a class of people called Matshajibi Samabaya Samity and the Government policy, which is not disputed by the Attorney G......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....n holding that the plaintiff-respondent's suit for permanent injunction against the defendants-appellants is maintainable. 2. Plaintiff-respondent it the Jiban Bima Corporation. It is the Successor of the erstwhile Homeland Insurance Company in that under the President's Order No. 95 of 1972-B...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......hed by the defendants' adverse possession of over 12 years; that in these circumstances the suit for mere injunction without a prayer for establishment of title is not maintainable. 4. Both the trial Court and the lower Appellate Court concurrently found that the instrument of transfer, Ext.1,......ed in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
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