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Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....d without jurisdiction on the assertions, inter alia, that the suit land described in the schedule-1 to the plaint belonged to Manitara Chanda and the schedule-II land belonged to Biraj Mohan Chanda son of Manitara Chanda. Manitara and Biraj Mohan had been in possession of schedule-I and II lands......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......ke then also it Is clear that Manitara left this country after 16th February, 1969 and from this point also the suit land could not be enlisted as enemy property. The trial court took into consideration inquiry report without examining the Magistrate which was not ......Division (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. Judgment 11 F..Category: Property Law | Date: | Hits: 51
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
.....42,093/- was issued from the Rupali Bank at Rangpur Branch as part of the loan and the accused appellant without submitting the cheque to the account of the Raqib Food Industries deposited in his personal Account No. 921 with Rupali Bank at Gaibandha Branch vide D.D. 22/21 No.578294 dated 17.9.1993......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ...... connivance with one another and the accuseds are very near relatives. We cannot consider the defence case sitting under section 561A of the Code of Criminal Procedure. The truth will come out in the trial after adducing of evidence by the parties in the trial Court. However, from our meticulous rea......t Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Anarul Islam and others................. Appellant Vs. The State and another…………………….......Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
.... 4(2) and (3) of the Artha Rin Adalat Ain 1990 (Act IV of 1990) and appointment of Mr.Md Amirul Islam, Subordinate Judge as a Judge of the Artha Rin Adalat, 1st Court, Dhaka by the Government and also challenging the continuation of Title Suit No. 258 of 2000 filed by the respondent No.1 Janata ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......ondent No. 5 being thus illegal the exercise of judicial functions by him regarding the proceeding of Title Suit No.258 of 2000 under the Adalat Act is also without lawful authority. 5. The trial court after hearing the parties rejected the said application by order dated 15.03.2001. ......mmad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J A. R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred To- ..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....t No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the sole defendant seeking decree for an amount of Tk.57,074/- and other ancillary reliefs. The said sui......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......direction to return the plaint is illegal and not sustainable in law and that the High Court Division ought to have considered the appeal on merit i.e. whether the plaint was legally rejected by the trial Court. 8. The Artha Rin Adalat Case No. 55 of 1990/82 of 1982 was filed before the Artha R......nt: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dismiss..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....anmondi Residential Area, Dhaka vide Regd. Deed No. 1236 dated 7-4-1985 for a consideration of Tk. 10,00,000/- (Tk. ten lacs) only from Kamrul Islam Dewan and others; that Syed Altaf Hossain has also purchased .10 decimals of land of Plot No.366, Khatian No.57 of Mouza Bhola, P.S. Gulshan, Distr......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......n filed on 24.4.1994 under Order 7 Rule 11 of the Code of Civil Procedure be rejected with cost. 10. The application for rejection of plaint was heard in presence of both the parties and the trial Court by the order dated 10-5-1994 rejected the plaint. 11. Thereafter, the plaintiff-...... ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
.... 9.6.1977 passed by the High Court in Writ Petition No. 258 of 1974). Judgment Kemaluddin Hossain CJ.- This is a certificated appeal at the instance of the appellant M/s M.S. Jafar. There is also an application for special leave to appeal and both are heard together. 2. The appellant befo......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ...... the ConstituÂtion. 3. Syed Ishtiaq Ahmed, learned Counsel for the appellant, has reiterated that ground and also submitted that the Respondents BaÂngladesh, etc. having been substituted in the trial Court in April, 1972 which was before the coming into operation of President's Order No. 69 of............................................... Appellant Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. Result: The appeal and the petition for special leave are dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senio..Category: Others | Date: | Hits: 106
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....re that plaintiff-appellant filed a suit for ejectment after a notice under section 106 of the Transfer of Property Act, against the tenant-respondent, on the ground of bonafide requirement for personal use and occupation, and also for the default of the tenant in payment of rent. 3. Plai...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......hough it was not so stated in the Judgment. The tenant-defendant was not estopped under section116 of the Evidence Act from denying the appellants title and so he reversed the decision of the trial court and directed the return of the plaint for presentation of the plaint before the pro......er as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....laint clearly challenge the notification made under section 3 of the Act as null and void and as such all consequences following there from on the acquisition of the Debuttor property were also challenged and scan injunction was sought for. It is to be further observed that it is now well ......t) Ordinance, 1956 (E.B. Ordinance No. Ill of 1956) or of any other law making any amendment in the said Act or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other inter......e question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holdin......Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants. &n..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....ial rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin lady…………..(26)......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution of the documents, and that in so doing she got indeÂpendent and disinterested advice. The trial Court held, that the grandsons (defendants 1 and 2) carried burden of proving that the lady go...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
.... enable him to decide whether to take cognizance or not against the present appellants. 2. Facts giving rise to proceedings are as follows: The respondent lodged a Complaint petition against 24 persons On the allegations that they formed an unlawful assembly and trespassed into his house and loot......s envisaged by the Code in favour of any other authority. (4) Once the case is made over "for disÂposal" the transferor Court loses all juriÂsdiction to pass any order unless the case is recalled to his file. High Court will be slow in disturbing the order of the Magistrate if such ......This is a police case and court cannot include the non-sent up accused persons in framing charges at this stage. Prayer rejected. Court will take cognizance agaÂinst accused persons who are sent for trial only by the I-O. An application under Section 436 of the Code of Criminal Procedure was fil......llate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment January 24, 1980. ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....197 and 303 of 1973 and 11, 12, 14, 19,24,26, 27, 52, 56, 57, 58, 59, 117, 139, 232, 261, 367 add 565 of 1974 which were heard analogously under Article 102 of the Constitution making the said Rule absolute. These are certificated appeals under Article 103(2) (a) of the Constitution. Facts of all......he different rules of interpretation to construe the work "transfer as transfer by mortgage. It was further contended that the learned Judges of the High Court Division were wrong in applying the so-called mischief rule as enunciated in Heydorn's case to hold that the words out and out sale with a......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....r the appellants moved the High Court Division in revision whereupon Rule was issued but ultimately it was discharged on the ground that an order passing an ex parte decree in a pre-emption case is also appealable under Order 43 of the Code and as such the revisional application without, preferring ......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......is not a decree, and secondly, the order was not passed in a Suit and in terms of section 141 of the Code and in a proceeding other than a suit in the civil Court the provisions of the Code regarding trial procedure only will apply. 5. The next decision is by Ibrahim, J. in Seferaiddi Munshi vs. ......e is also Reported in: 32 DLR (AD) (1980) 231. ..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....wers Act. The Sessions Judge called for the reÂcords and passed the following order, the legaÂlity of which is under challenge: "Seen the F.I.R. and police diary. It appears that accused persons who are relations of the Informant have great enmity with the complainant. That is why the ac......ass Magistrate, Sadar, Sylhet. At that stage the Informant filed an application before the Sessions Judge praying for taking cognizance of the offence under the Special Powers Act. The Sessions Judge called for the reÂcords and passed the following order, the legaÂlity of which is under challenge:......tigation the police submiÂtted the charge-sheet against the accused under sections 449/307/380 and 324 of the Penal Code. The accused were sent up to Court of the Resident Magistrate at Zakiganj for trial and then the case was transferred to the Court of 1st Class Magistrate, Sadar, Sylhet. At that...... is also Reported in: 32 DLR (AD) (1980) 229 ..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....ays subject to acceptance and approval of the authority concerned and invariably the tender form contains stipulations that the authority reserves the right to reject any bid without assigning any reason and is not bound to acÂcept the lowest bid…………..(10) Cases Referred to- Ramphal ...... through the proper channel but that would not call for interference by way of a writ. The substance of the thing was there and as the High Court was not a Court of appeal it could not have been called upon to correct a mere technical error in the exercise of a juÂrisdiction which was othe...... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......rul Haider Chowdhury J M/s. Hossain Ahmed represented by its proÂprietor Hossain AhÂmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Ac..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
.... of 1980. (From the Judgment and Order dated 13.12.1979 passed by the High Court Division in Writ Petition No. 296 of 1978) Judgment: Kemaluddin Hossain, CJ.—In this appeal a question of some public importance is involved, in that whether the learned Judges of the High Court Division we......), such property shall notwithstanding any defect in the right or authority to take it over, shall vest and be deemed to have always vested in the Government. This taking over or vesting shall not be called in question on any ground whatsoever before any authoÂrity, or Court, and all suits, appeals......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (ConÂtrol, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....was not authorised in law to exercise jurisdiction under section 144 of the Code. On revision the learned Single Judge held that the application under section 144 was misconceived and incompetent and so dismissed the revision case. 2. The principal question is whether secÂtion 144 of the Code is......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ...... remembered that section 144 of the Code is not one of the excepted provisions mentioned therein. 4. A combined reading of the aforesaid provisions of the two enactments clearly indicates that the trial provisions of the Civil Procedure Code are available to a Court of Small Causes except to the ......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sayed Ali........................................................Appellant. Vs. Sree Gopal Chandra Das and others…….....Respondents Judgment March 11, 1980. The Code of Civil Proc..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
.... Nos. 29 and 30 of 1977. The High Court Division rejected the contention on the ground that on a misconception the Investigating Officer subÂmitted charge-sheet under section 436 of the Penal Code also but the charge-sheet constituÂted a prima facie case under Article 2(4)(f) of the Presidential O......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ...... to a Special Tribunal. This proposition becomes clear if the two provisos are considered. 5. Provisos added to Article 3 are in the following terms: "Provided that if, in the course of a trial before a Special Magistrate, the offence appears to him to warrant a presumption that the ca......pondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order, 1972 (P.O. 50 of 1972), Art 241. 4 A Special MagisÂtrate will try the cases of the Scheduled Offences and only in cases of offence under Article 2(4) (f) and the offences committed in the connection wit..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....e witnesses examined by the Screening 'Board in the absence of the appellant Secondly, it was contended that the enhanced punishment was inflicted by the appointing authority without assigning any reason and without giving any notice of the proposed enhanced punishment, which is also in violation ......ected against the judgment and order of the High Court Division dated March 16 1979 in Writ Petition No. 15 of 1978. 2. The appellant by filing an application under Article 102 of the Constitution called in question the order dated December 24, 1976 passed under clause (2) of Article 6 of the Pre......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, SuÂpreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....ent and order dated 15-3-79 passed by the High Court Division in writ petition Nos. 673, 674 and 850 of 1977). Judgment: K. Hossain, CJ.—These three appeals were heard together as they were so heard in the High Court Division, which disposed of three Writ petitions in Writ jurisdiction, in...... those came withÂin the mischief of the penal section of the Customs Act. The actions taken by the CusÂtoms authorities were done with jurisdiction and in accordance with law and no interference is called for. In this view of the matter the decision of the High Court Division cannot stand. On t......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
.... Mere applicaÂtion for return of the gold after acquittal does not, in the circumstances, amount to his adÂmission of possession of the gold. In the previous trial he disclaimed it and the Court also held that it was not recovered from his possession, Because of this finding the subsequent proseÂ......e High Court of East Pakistan held: "The principle of res judicata does and should apply to criminal proceeÂdings in the same way as to civil proÂceedings in as much as a person cannot be called upon to contest the same question over and over again. But, in order that the said principl......such this finding of fact even if erroneous is conclusive since it was not challenged in appeal or revision. This issue of fact having been already decided it cannot be re-litigated in the subsequent trial being barÂred by the doctrine of issue-estoppel.…………(11) Mere applicaÂtion for re...... March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appe..Category: Criminal Law | Date: | Hits: 42
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