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Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... plaintiff‑respondents, are in fact partnership properties or personal properties of both The plaintiff made positive statements in the plaint that the schedule properties were purchased "for the interest and benefit" of both the partners and not for the firm itself. He led evidence...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... Result: The appeal is dismissed. The Partnership Act, (IX OF 1931); Section 14 and 69(2) Whether the immovable town and country properties of Schedules 1Ka, 2, 3 and 5 of the plaint, standing jointly in the names of the predecessors of the defendant‑appellants and plaintif..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
.... August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused are e......been seriously misconceived by the learned Magistrate. It may be mentioned here that the provision in section 241A is not altogether new in the Criminal Procedure Code. This has been brought in by an amendment by Ordinance No. LX of 1982. By this and other Ordinances procedure for trial of summons c......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....sult: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers ....... An order as it seems to me even when passed and entered may be amended by the Court to carry out the intention and express the meaning of the Court of the time when the order was made, provided the amendment be made without injustice or on terms which preclude injustice." 5. Therefore, ......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
.... provision in clause (d) of section 35 of the Ordinance is not intended to be mandatory. The purpose obviously is to save an investigation which had started at the time when there was no time‑limit for its conclusion. Had this provision been intended to be mandatory, the consequence for non‑comp......decision was correct in law. 3. The provision for specifying a time within which an investigation by the Police is to be completed was first introduced into the Code of Criminal Procedure by an amendment by Ordinance No. XXIV of 1982 with effect from 21 August 1982. Among others, section 167, ...... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... Judgment August 5, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will...... character of the suit at all, nor will it widen the suit and impose upon these appellants any additional burden of adducing evidence on unrelated matters. The addition of parties is corollary to the amendment sought for. It no way changes the complexion of the suit. The Companies Act, 1913, S...... The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will not change the nature and character of the suit at all, nor will it widen the su..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....k with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sea......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
...... Ewaj executed and registered by their father on 20Lh Ashar, 1341 BS (July, 1935). The property in dispute comprises holding Nos. 5 and 6, Machua Bazer, Mymensingh as described in the schedule of the plaint. It is suited that the defendant No. 1 Mrs. Jahura Khatun instituted a Title Suit No. 55 of 1..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....hich prescribes a different period of limitation as provided under Schedule 1 of the Limitation Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain read......ct, 1908 (IX of 1908), Sections 5 & 29(2) Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope of section 5 of the Limitation Act to special or...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....l into serious error of law in staying sine die all further proceedings of winding up petitions without taking oral evidence and going into the merit of the cases- Order staying the applications for winding up sine die amounts to rejection of the applications. There was hardly any materials to ......tements and grounds as contained in the winding‑up applications as the applications are strictly confined to the grounds expressly taken in these petitions. Even new facts cannot be incorporated by amendment in the existing applications for winding up and on that score as well the revival of these......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
..... Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated nature, the same can be disposed of ......ncy Act was regulated by the Civil PC and, therefore, an application for pre‑emption was, as it were, an application under Civil PC". Their Lordships of the Supreme Court, who took note office amendment of Articles 158 and 178, were of the view that such amendment did not alter the provision ......and learnt that in the annual Returns and Summary Shares of the Company for the year 1971, his 4450 shares out of the total of 5267 were shown transferred to the appellant and his wife. He filed a complaint to the Registrar alleging that his shares had been illegally and fraudulently transferred and..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....tio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defendant was void for want of deliverly of possession to the defendant. The taking of possession of the subject m....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......cal delivery of possession is not possible such possession as the property admits may be delivered. The donor must of course divest himself of his possession to complete the gift. Where a plaintiff is in possession of the suit land he is not required to ask for consequential relief which..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
.....................................Opposite Parties Judgment April 5, 1990. Result: The Rule is made absolute. A notice under section 106 of the Transfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ...... and decree dated 30.6.87 passed by Assistant Judge, 6th Court, Dhaka in Title Suit No.13 of 1985. 2. Facts giving rise to this Rule may briefly be stated thus:‑ 3. Opposite party No.1 as plaintiff filed Title Suit No.13 of 1985 in the 6th Court of Assistant Judge, Dhaka against the pred..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....suit under a circumstance. Order 34, rule 11 leaves it to the discretion of the Court what interest should be awarded to the mortgagee in a mortgage suit from the date of the suit till the date fixed for redemption. The Court is not bound to award contractual rate of interest for such period…...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......xed for redemption. The Court is not bound to award contractual rate of interest for such period…………………......... (7) It is not laid down that the plaintiffs are entitled to interest on decretal amount as a matter of right or that the payment of i..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ent view in its judgment. ........ (11) The 1st Appellate Court is supposed to consider the merits of the evidence independently with a clear consciousness of relevant points which arose for adjudication. It is also to afford the parties an opportunity of knowing and understanding the g......ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......2 10 of 1986 affirming the judgment and decree dated 28.9.86 passed by Munsif Purbadhala in OC Suit No. 32 of 1986. 2. Facts giving rise to this Rule may briefly be Opposite party Nos.1 and 2 as plaintiffs filed OC Suit No. 32 of 1986 in the 1st Court of Munsif, Prbadhala, Netrokona for declara..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....he defence ipso facto does not make the plaintiff’s case believable. 10 DLR (PC) page 1 cited In the case of an expert disposal of a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The court is required to come ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......e matter of comparision of handwriting and signature are merely tentative in character, (4) Opinion is a weak evidence………………..(26) Law requires that the plaintiff must prove his own case to the hilt by cogent and sufficient evidence. He can not succeed ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....ot be admitted into evidence as an admission suggesting an inference that he was a tenant in the suit land. But such application and deposition could be admitted into evidence suggesting an inference for the purpose of falsifying the claim of the defendant as to evidence adverse possession because a......ent-debtor- since defendant No. 1 traces his possession from 1948 and produced documentary evidence of payment of rent from 1951 his accrual of vested right and limitation cannot be negatived by such amendment, High Court Division correctly rejected prayer for amendment. Lawyers Involved: ......dence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of trespass in the suit land Since the rel..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....s barred under section 195(1) (c) of the Code of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. The civil suit was instituted before the filing of the FIR and the questioned documents in their originals are yet to be produced an......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......95(1) (c) & 561A Whether the jurisdiction of the Criminal Court was barred under section 195(1) (c) of the Code of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. The civil suit was instituted before the filing of the F..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....gst the compromising parties, to the exclusion of the opposite party No.1 (defendant No.8). This speaks of suppression, even fraud. Studied in the light of the decisions cited by the learned Advocate for the opposite parties, limitation was not a material point for decision of the Miscellaneous Case...... learned subordinate Judge did not refer to it in his judgment, it is clear to see that he in consideration of such an application under section 5 of the Limitation Act had condoned limitation. By an amendment of the Order 9 rule 13 of the Code of Civil Procedure section 5 of the Limitation Act has ......oner Nos. 1‑4. Miah Abdul Gafur with Shafiqul Islam, Advocates ‑For the Opposite‑Party No. 1. Civil Revision No.505 of 1987 Judgment AKM Sadeq J. - This Rule obtained by the plaintiff‑petitioners, is directed against order No. 30 dated 31.12.86 passed by Mr. AKM Fazul Kar..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for t...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......ite Party. Civil Revision No.977 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This Rule was issued at the instance of defendant‑petitioner on 4.12.88 calling upon the plaintiff‑opposite parties to show cause why the order passed on 21.8.88 by the District Judge, Dh..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
............................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as amendment is necessary for determining......hah and others...........................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as amendment is necessar......;………. (7 & 8) Court’s wide discretion in receiving documents Court enjoys wide discretion with regard to the reception of document which was not produced with plaint, if there is no doubt about the genuineness of the document produced. The Court may also reje..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....hat he instituted Title Suit No.56/84 in the Court of Subordinate Judge, Narayanganj against the defendant opposite parties A.K. Murshed, Full Chand Mia, Rahatan, Milan Mia, Razzak and Aklima praying for a decree of declaration of plaintiffs title in .16 acre of plot No.131 (Shabek Pukurpar-at prese......tle of the plaintiff in the suit land and disclosed that they will henceforth deal with the suit lands as owners of the same. 3. On 9.5.84 the plaintiff-petitioner Meher Ali filed a petition for amendment of the plaint under rule 17 of Order 6 of the Code of Civil Procedure on the ground t...... Suit No.56/84 of the Court of Subordinate Judge, Narayanganj should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the plaintiff-petitioner Meher Ali is that he instituted Title Suit No.56/84 in the Court of Subordinate..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
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