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Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ove, in the instant matter the Court was required to deal with the matter of controversy so far as regards the rights and interests of the parties actually before it' i.e. in the background of the facts of the case and in the background of the contention of the contesting parties in the suit the...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Re......ve title of the plaintiff No. 1 in the land in suit, that the judgment and decree in Title Suit No. 616 of 1969 is collusive, fraudulent and not binding upon the plaintiff that no cogent evidence has been brought on record in support of the case of the defendant No. 1 that plaintiff No..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
.... leave is directed against the judgment and order dated 14.11.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 2519 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff filed Family Court Suit No. 100 of 1998 under section 25 of Guard.........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and othÂers Vs. Ashit Kumar Mojumder and othÂers, 2005, 34 CLC (AD)
....09.07.1998 passed in Title Suit No. 152 of 1997 of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of ......253. ......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....stion is whether the decree obtained by, them in their suit for setting .aside the decree of a previous partition suit, namely, T.S. No.21 of 1965, has been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided b......37 DLR (AD) (1985) 216. ......Pakistan for India long before the filing of the suit. 4. The allegations contained in these grounds were denied by the respondent, plaintiff of that partition suit. The trial Court on evidence decreed the appellants suit setting aside the decree of the partition suit, among other th..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the ......tion case cannot be disposed of properly. …………………(5) Since the learned Courts below did not determine this mixed question on the basis of the evidence, the Appellate Court sent back the cases to the trial court for disposal on taking evidenc..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....inal Procedure, for quashing the proceedings of the said case and a Division Bench by its order dated 8.9.82 in Criminal Revision No. 608 of 1978 refused to quash the proceedings observing that the facts alleged in the charge-sheet and the First Information Report constitute a criminal offence. ......lip;………Respondent Judgment April 17, 1983. The Scheduled Offences (Special Tribunal) Order, 1972 (President’s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses A......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
.... signature is a quesÂtion of fact and the High Court Division is not to interfere with the conclusion of the First Appellate Court on such question…………………(20) Concurrent findings of facts by the trial Court and the First Appellate Court are binding upon the High Court Division in S......l) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Matin Chowdhury………………………Appellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 19......………………Appellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 1908 (V of 1908), section 100 Misreading of evidence is a mixed question of fact and law, and as such the High Court Division erred in law in th..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......ury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants Vs. Jatindra Kishore Malaker and others…………Respondents Judgment December 4, 1984. ......s have been possessing the case land when the record of right was prepared, they are entitled to have their names recorded. 15. Since the final Court of fact on consideration of evidence found the appellants in continuous possession of the land for 30 years, the order a..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....er his father who held the superior Howla-interest, and after the death of his father, he held the raiyati right under the Howladers, namely, heirs of Ahmadullah Dewanji including himself and these facts were duly recorded in the C.S. Khatian No.140 (Ext. 21) which was prepared at a later date. ......7 DLR (AD) (1985) 193. ......l Tenancy Act, 1885 (VIII of 1885), Section 3 (17) ‘Bargadar’ ‘adhiar’ are not tenants but they can become Tenants when they are admitted as tenants by the landlords evidenced by any document executed by him or executed in his behalf, or if he has been held as a te..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Moshahaq Ali Mia & ors…………………Appellants Vs. Rabeya Khatun and anr…………………….Respondents Judgment......sp; 3. An appeal was filed before the learned Subordinate Judge. The appellate court below considered the evidence and found that the defendants did not deny the execution of the deed in their w..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
.... referred to above. But in that case of Fatema Bibi, the proceeding was not saved from limitaÂtion even after exclusion of the period as referred to in section 14 of the LimitaÂtion Act besides the facts of the case were also different from those in the case of Sati Prashad Now, in the case of Sat......€™s pre-occupation was not a sufficient ground for failure to take steps in the proceeding on the date of hearing. Throughout the long course of the proceeding the respondent is found to be negligent and as such she is not entitled to get benefit of section 14…………..(12) Cases Referred to-......e set aside and that of the DisÂtrict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......st of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff w......d second appeal and the learned Single Judge took the view that the right of the transferee (Defendant No.) 2 under the sale deed shall not be invalidated in view of the fact that there was no evidence that the defendant No.2 was in collusion with defendant No.1. Reliance was placed on ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....x-parte decree under section 17(1) the provision of which is mandatory. This view of the learned Small Causes Court Judge has been maintained by the High Court DiviÂsion which has also observed that facts of the instant case are quite distinguishable from those of the case of Benode Bepari Saha vs.......ellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. The Small Caus......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....e chest of Shamsul Anwar and the evidence of P.W.8 supported the prosecution case. The trial court has stressed on the evidence of P.W. 6 Abul Basher and found his evidence convincing considering the facts and circumstances of the case and the evidence that was adduced, the trial court convicted the......s well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established ......urt Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....are quasi judicial in nature, simply shows that the petitioners' claim was sought to be thwarted in the absence of Priyabala by mere trespassers. The lower Appellate Court on Consideration of these facts and circumstances, particularly nonpayment of rent by or on behalf, of Priyabala ever since s......) (1985) 164. ......question was abandoned by its owner-tenant Priyabala and the Plaintiffs-landlords took khas-possession, thereof under section 87 of the Bengal Tenancy Act, is based on proper consideration of, the evidence on record. 2. The impugned order of the. High Court Division is dated 1 June 1983 a..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J ATM Masud J Syed Md. Mohsen Ali J Ali Jan Khan & others……………Petitioners Vs. Bangladesh and others………Respondents (In Civil Petition No. 310 of 1984) Judgment November 20, 1984.......ency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a v..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....t elaborately describing the background in which the aforesaid notice to show cause was issued, a brief reference may be made to indicate the necessity and importance of issuing such a notice. As the facts constituting the background of the show-cause notice are offered by the judgments of this Cour...... (AD) (1985) 145. ......preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be pr..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....tar) in the Mandar tree by the side of Amir Hossain’s house and on his advice the First information Report about suicide was lodged by him (Sattar Mir). On the basis of this disclosure of the facts the Sub-Inspector of Police lodged suo motu another First Information Report on 13 January 1......llip;…………. (8,10) Cases referred To- Bhuboni Sahu vs. The King, 76 Indian Appeals, 147; Joygun Bibi v. The State, PLD 1960 SC 313=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89; Md. Bashir V The State, Supreme Court Monthly Repo......n Howlader & ors…......Appellants Vs. The State.................................Respondent Judgment March 12, 1984. A murderer will not certainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......s. The State..................Respondent Judgment April 9, 1985. The Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be t......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Planters (BanglaÂdesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......dhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases......eversal could be passed taking into consideration the entries which were not considered by the trial court as those pasted papers could not be opened and without considering in detail all the evidences on record relied on by the learned Single Judge. After hearing the parties in Civil Appea..Category: Business or Commercial Law | Date: | Hits: 139
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