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Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......ted in: 36 DLR (AD) (1984) 5. ......of on 13.1.61. Thereafter on 12.6.69 Money Execution Case No. 14 of 1969 was filed to execute the Money decree Dated 23.12.58. An application under section 47 of the Code was filed calling in question the executability of the Money decree passed in Money Suit No. 7 of 1955. Miscellaneous Ca..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....w making a "show of transfer in order to put away his creditors". The court found that no actual transfer took place under the kabala sought to be pre-empted and that the vendor remained all along in possession of the land and as such the question of pre-emption could not arise. This colourable tr...... of Munsif, Noakhali. Respondent No. 1 claimed in that case pre-emption of the transfer made under a registered kabala dated 22 December, 1972 alleging that the vender-respondent No. 2 sold the land to the appellant, a stranger, without serving any notice upon him although he was his co-sharer......bsp;35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......diction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone int..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......the appellant under section 302 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 20 of 1987. 2. The prosecution case, in short, is that accused Abdul Quddus had land on the eastern side of the house of informant Dr. Mukbul Hossain. The accused grew IRRI paddy ......e the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......d that she was art interested witness and was a minor girl aged about 16 years. Even the law provides that a child witness can be relied if he/she is capable of understanding and replying the question intelligently. Thus, this argument of Mr. Korban Ali is very difficult to accept. &nb..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....inance. In view of the discussion above, the impugned judgment cannot be sustained and is, accordingly, set aside. The judgment and decree of 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 app......fillment of certain conditions. "The tenant must pay rent in terms of the contract and in the absence of the contract within fifteenth day next following month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within th......ordance with law. The appeal is allowed without any order as to cost. Ed....... September, 1990 to July 1982 and thereafter under Misc Case No. 202/82 he started depositing in favour of the plaintiffs since August, 1982 and since then has been depositing the rent regularly. The question which should have been asked by the learned Judge of the High Court Division is whether in ..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....business at Dhaka staying at the house of his sister and they had no other house except the suit house at Dhaka. This statement by itself is a clear enough expression of a compelling necessity for possession of the suit house. It was not further necessary for him to say that he had an intention ......o. 619 of 1984). Judgment: Mustafa Kamal J.- This appeal by special leave by the landlord-appellants is confined to the consideration of a simple question, namely, whether the High...... Ed. ......nbsp; Mustafa Kamal J.- This appeal by special leave by the landlord-appellants is confined to the consideration of a simple question, namely, whether the High Court Division was correct in interpreting proviso (c) to sub-se..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ce under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ...... It has therefore fallen on us to consider whether the conviction as recorded was justified or whether the appellant was liable to be punished under the second part of section 304. 15. The question is whether the assault by the appellant upon Usha Rani was done with the intention (of ca..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). ......l within the meaning of section 2(b) of the Arbitration Act. The appellants' plaint was rejected by the High Court Division in consideration of section 32 of the Arbitration Act but as the Memo. in question was not an award at all, section 32 has no application and the plaint of Title Suit No. 37..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....ferred to her the disputed Plot No. 784 and that the fact of exchange was noted in the CS Khatian. Defendant No. 3 sold Plot No. 784 by a kabala dated 2.12.1968 (Ext. A) to defendant No. 4 who was in possession of that land through his bargadar. 4. Defendants did not challenge the plaintiffs tid......junction for restraining the defendants from entering 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 Ba...... below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......her the plaintiff has got a prima facie case i.e, whether he is in possession of the disputed property and entitled to the specific relief of permanent injunction. If the dispute involves complicated questions of title the plaintiff must establish his title by filing a regular suit for declaration o..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....onsistent with common course of human conduct. It was created later on to defeat the case of the plaintiff. The learned SCC Judge fully discussed the evidence on record and found that Sunil was in possession of the suit premises. Ansar Ali was carrying on a separate business of onion, chillies, ...... Civil Revision No. 402 of 1985). Judgment: Mustafa Kamal J.- Leave was granted to the landlord-plaintiff-appellant in this appeal to consider the simple question whether the High Court ......Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifuddin Chaklader......p; Mustafa Kamal J.- Leave was granted to the landlord-plaintiff-appellant in this appeal to consider the simple question whether the High Court Division exceeded its revisional jurisdiction under section 25 of t..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....d 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 title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The low......ngle 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 title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The lower appellate Court modified the trial Court's d...... Present: NIH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Safia Khatun and others......................Appellants. Vs. Amena Khatun being dead her heirs: Ankurornessa alias Tahurunnessa and others..............Respondents Judg......s". Thus the lawyer's concession appears to be in the nature of an assurance to the Court in coming to a decision to which it was already inclined. 12. It is well‑settled that on questions of fact parties are bound by admissions made by their lawyers whether made in the course ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... Ext. 6, that the plaint's case that Ram Proshad had interest to the extent of 14 annas and odd share in the suit land was altogether baseless; that the plaintiffs had not been able to prove their possession in the suit land; that they brought the suit as a test case by procuring dakhilas Ext. 2......; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbe...... The appeal is dismissed. No costs. Ed. ......ded as potit land in Ext. 6. 8. Mr. Ranadhir Sen, the learned Counsel for the appellants, contend that the trial Court as well as the High Court Division fell in grave error in deciding the question of title of the plaintiffs on the basis of the Khatian Ext. 6, wrongly described as the CS..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....g Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/- being 15% of the bid money in favour of the Executive Engineer (Maintenance) PWD, but the Ministry of Public Works could not deliver possession of the disputed property to the said Syed Altaf Hossain as the appellant field possessio......ed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the afor......herefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......st bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is alleged, are forged and fabricated documents, executed illegally and collusively for..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... of suggestion and has not been made probable at all. A minor boy of about 9/10 years has ventured out of his house in the company of older boys, travelled some distance away from his home by bus and landed himself in an unknown place when the sun was about to set. He is not a grown‑up man. He can......ongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......ief Justice observed "There was not the slightest warrant for this inference and the right course for the judge to adopt should have been to direct the Jury seriously to apply their minds to the question whether if the evidence of PWs 1‑3 was true, it was not reasonably possible that the dece..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Transport Corporation Limited and another......... Defendant-Respondents Jud......No costs. Ed. ......ial Court allowed the Miscellaneous Case. On the plaintiffs revisional application, Civil Revision No. 241 of 1984, the High Court Division remanded the case to the trial Court for considering the question of limitation after giving the parties reasonable opportunity of being heard and examining..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....jgaon, District Dhaka on CS plot No. 533, corresponding to SA plot No. 1348 and RS plot No. 2630, is the property gifted to her by her father, the first party-appellant alleged breach of peace over possession thereof by the second party-respondent and prayed for drawing up a proceeding under sect......etropolitan Magistrate, Dhaka in P Case No. 383 of 1987 under section 561A of the Code. 2. Claiming by a petition dated 1.9.87 before the Chief Metropolitan Magistrate, Dhaka, that the case land, namely, more or less two bighas of land under PS Tejgaon, District Dhaka on CS plot No. 533, ...... 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......ngly exercise its jurisdiction under section 561A of the Code when the order dated 25.6.88 passed by the learned Magistrate was revisable by the Sessions Judge under section 439A of the Code. Ibis question need not detain us for long as the High Court Division’s revisional jurisdiction is ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......s of a civil nature for which no prosecution would lie. Since, according to the petition of complaint, the accused-petitioner totally denies receipt of any sum from the complainant-respondent, the question of civil liability does not arise. 7. The self-same points have been urged in this..Category: Criminal Law | Date: | Hits: 34
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... of 1990, are disposed of by this judgment. Appellant filed two suits, Title Suit Nos. 52 and 53 of 1971, in First Court of Munsif, Pirojpur for a declaration that he purchased the respective suit lands from proforma defendant Nos. 2 and 3 (Respondent Nos. 3 and 4‑6) for valuable considera......ismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....hange power of attorney was revalidated in East Pakistan on 6.6.64. 4. On coming to the then East Pakistan, the appellants found that the said Wiseghat property under requisition was in the possession of respondent No. 4 Bulbul Lalit Kala Academy as an allottee of the Government on a mont......tion of the appellants' name in the revenue record, the Government could no longer take the plea that its officer had acted without its authority. In support of his submission, he cited 1984 All England Law Reports (Vol. 11) 767; 27 DLR 315 and PLD 1969 (SC) 407. 19. The learned Deputy At......order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......1/77-78 and the order dated 17.6.84 passed in Misc. Case No. 25/84. It meant that the deed of settlement in favour of the appellants and the order mutating their names in respect of the property in question were set a side. This order dated 28.2.85 had been impugned in the writ petition. 8..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....931 Jatindra Kumar Basu and Basanta Kumar Basu auction purchased the entire pattani howla which was put to sale by the Bhulua Zamindars for arrears of rent. The auction purchasers took delivery of possession and transferred their pattani interest to five persons by five kabaias Exts. 2-2 (d) all...... is barred by limitation under Article 12(d), alternatively under Article 120 of the First Schedule to the Limitation Act. 2. Facts necessary for the disposal of the appeal are that the suit lands are 22.82 acres of char land at Village Majichar, known as Underchar at Noakhali. Plaintiffs,...... was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. .......9.62 is also barred under Article 120. 8. The argument has been advanced in a simplistic manner, so is the reply by the learned Counsel for the plaintiff-respondents. At the bottom several questions of considerable importance, not examined by the Bar at all and unfortunately the judgment..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ......ions 302/201/34 of the Penal Code. 2. In the present case, the First Information Report was lodged by the wife of deceased Abu Musa stating, inter alia, that while her deceased husband visited his land in Jalkuri village the accused opposite parties and others killed him with a sharp cutting we......ithout securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
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