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Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... contended that the disputed jote No. 138 comprising the suit lands were not cultivable; and one Abdul Kader, after taking settlement from the Government, leased out the said land to their predecessor Nuruddin and to the predecessor of their tenants and they made the lands fit for cultivation an...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......ield book forming the part of the decree. As such, the submission of Mr. R Farid Ahmed as referred to above cannot be satisfactorily disposed of. It is, therefore, directed that the record of the trial Court be sent down to that court for having the said areas demarcated and shown in the case ......; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahm..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....eatham, reported in (7907; A.C. 495, at page 506. Lawyers Involved: ATM Masud, Deputy Legal Remembrancer with Md Batin—For the State. AW Mallik—For the Condemned Prisoner. Death Reference No. 6 of 1970 and Appeal No 237 of 1970. Judgment: &nb......she, her Fufa' and Fufu' observed fast. They got up at the time of Sehri, and after taking 'Sehri’ they again went to bed. The accused Abdur Rashid is the step-son of her 'Fufu'. Abdur Rashid called his 'Fufu' to serve him tobacco. At that time, PW 4 and her brother Siraj Mia also got up fr......ony of this child witness should be discarded in its entirety. We find ourselves unable to accept this contention. Notwithstanding the absence of such note, which is, however, generally made by the trial Court, by putting a few questions, it is evident from his testimony in the dock that he was q......; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown,..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....ed a resettlement case being Resettlement Case No 6/57-58 and the proposal for settlement of the suit property with defendant No.2 was approved by the RDC on 19.10.58. Defendants 2 to 4 are the successors-in-interest of Baker Ali. The plaintiffs however, further contended that they continued to be i......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ee passed by the Additional District Judge, Chittagong, in Other Appeal No. 245 of 1966 where in the learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit ......rt High Court Division (Civil Appellate Jurisdiction) Present: Maksum ul Hakim J Fazle Munim J Azizur Rahman................. Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is ..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
.... MR Khan—For the Respondents. Petition No. 58 of 1970. Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total considerati......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......n 26.1.1965, the petitioner filed a title suit being Title Suit No. 50 of 1966 before the Subordinate Judge, 4th Court, Dacca, for a direction to the respondent No. 2 to register the Sale Deed. The trial Court however, by his judgment and decree dismissed the same. Thereafter the petitioner filed......Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases ..Category: Property Law | Date: | Hits: 73
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....f the shore or bank which has been declared to be within the limits of the port and is not private property. (2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful e......h ATM Afzal-For the Respondent. Writ Petition No. 81 of 1970. Judgment A M Sayem J.- This Rule was issued at the instance of Star Alkaid Jute Mills Ltd. a public limited company (hereinafter called the Company). In it, the Company calls in question the validity of an order of a Magistrate o...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... ..Category: Others | Date: | Hits: 162
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....laimed settlement of the suit land in raiyati right in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chittagong. The RS record was prepared in his name. While in possession, he sold part of the suit land to one Mokbul Ahmed by a registered kabala dated 22-01-44 and Mokbul Ahme....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......f, the predecessor of the plaintiffs, are wrong and have no basis. The transfer of the suit land by Noor Hossain and all subsequent transfers are collusive, illegal and unproductive. 4. While the trial Court decreed the suit the High Court Division in First Appeal dismissed the suit. 5. Dr. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Salma Khatun and others…………………… Petitioners Vs. Zilla Parishad, Chittagong, represented b..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....ocedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. The defendants must take the consequence of their own laches. Moreover there is nothing s......ment and order dated 29 April 1997 dismissed the appeal observing, that since no evidence was adduced in support of the defendant-appellants case for not being able to be present when the suit was called on for hearing; the learned Subordinate Judge was perfectly justified in dismissing the Misc......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ...... SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advoacte-on-Record-For the Respondents. Civil Petition For Leave to Appeal No. 930 of 1997. (From the judgment and order dated April 29, 1997 passed by the High Court Division, Dhaka in FMA No. 62 of 1989). ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....n Porsha. 2. During the pendency of the suit plaintiff Nos. 9 and 19 died and the suit in respect of them abated after expiry of 90 days from the date of death. An order of abatement was also recorded by the learned Subordinate Judge, Naogaon, who was in seisin of the matter. 3.......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......Code should be liberally construed. The reasons for such approach are not far to seek. In the first place, abatement of a Suit precludes fresh suit on the same cause of action, although there is no trial on merit of the case. An order of abatement never goes to the merit of a dispute between the...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Abdul Kader Mondal and others…………………… Appellant Vs. Sha..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....ed. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 ......to be decided. The High Court Division should have considered the Miscellaneous Case filed by the appellant under section 491 Cr.P.C. on merit. Normally in a situation like this an order of remand is called for but the learned Advocate for the appellant has prayed that the matter may be disposed of ......of the radiologist which is more acceptable shows that the girl was about 16 years of age in May, 1997. Prime facie it appears that the victim girl is a minor (final determination will be made at the trial) and she is a victim of an alleged offence committed. by the accused. She was put to judicial ......l CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Result: Both the ap..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....many countries. The controversies which came up in India after the 24th and 25th amendments to the Constitution took place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installat......cle 7 of the Constitution. He went on to say that the Judges are appointed by the people no doubt but they cannot rob the people of the right which exclusively belongs to them. If the Judges can be called as formal Judges, the people are informal judges who are more powerful than the formal ones.......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......9. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10) Law..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....stance of the added respondents in writ petition Nos. 58, 93 and 94 of 1989 arise out of judgment and order dated 10 June, 1997 passed by a Writ Bench of the High Court Division making the Rules absolute in the said writ petitions with certain ancillary orders and observations. 2. Writ-p......idence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the question of title and possession of the disputed lands are wholly untenable and uncalled for and the dispute can only be decided one way or the other by a competent Civil Court upon...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Shamsunnahar Salam and others……………………………&h..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
...., the defendant Nos. 1,2 and 3 fraudulently in connivance with each other to grab the valuable properties of plaintiff has adopted the illegal means of direct sale of plaintiff property and, as such, sold the plaintiffs properties by illegal means of direct sale of plaintiff property and, as such, s......nt and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court; and no Court shall: (a) entertain any suit, applicatio...... appeals partly centre round the interpretation of Article 34 (1) and Article 34(5) of President’s Order No. 128 of 1972 it will be profitable to fully quote the same: “34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in pay......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R..Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....criminal misconduct because receipt of money from Nurun Nahar and consequent making of a fresh recall order “without approval of the concerned magistrate” as a public servant have been proved and so the learned Judge ought not to have acquitted him of that charge……….(8) Lawyers Involved......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ...... the learned Special Judge. A preliminary inquiry was held by an Officer of District Anti-Corruption Bureau and an FIR was lodged against the accused-petitioner, charge-sheet was submitted and before trial the petitioner was charged under the above sections. 4. The defence case is that, accused ......1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and sentenced under section 466 he cannot again be convicted and sentenced under section 471 of the ..Category: Anti-Corruption Laws | Date: | Hits: 73
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....is heirs. Soon after the death of his brother appellant No. 1 re-married appellant No. 2 and are living together as husband and wife by swearing an affidavit dated 18-2-90 at a time when the minor sons of his brother were under the custody of the complainant. Appellant No. 1 suppressing the re-m...... in seisin of the, entire matter the direction given to file the petition of complaint before a criminal Court which has no independent jurisdiction to interpret an order of the civil Court is uncalled for in the facts of the case. (3) The story of re-marriage of accused- app......plication under section 561A shall be premature.” 7. This general observation is not at all correct. Section 265C in Chapter XXIII speaks of discharge of an accused in a trial before Court of sessions. Section 241A in Chapter XX speaks of discharge of an accused in a t......sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....o Deo, AIR 1978 All 1; Radhabai vs. Chimnaji, (1878) ILR 3 Born 27; Zafaryab Ali vs. Bakhtawar Singh (1883) ILR 5 All 497; Chidarnbaranatha Thambiran vs. PS Nallasiva Mudaliar, AIR 1918 Mad 464; Dasondhay vs. Muhammad Abu Nasar (1911) ILR 33 All 660 at page 664 (AIR 1917 Mad 112) (FB); Radha Kr......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......he High Court Division Pradip Kumar Chakraborty has preferred this appeal for the deity with the leave of this Court. 8. SS Halder, learned Counsel for the appellant, submits that both the trial Court and the High Court Division upon a misconception as to the status of the deity and the......p;………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any interest, in that position a devoted..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....sh Roy Choudhury J.- The suit out of which this petition has arisen was brought by the petitioner and respondent Nos. 2-7 against respondent No. 1 for redemption, recovery of Khas possession and also partition of the suit plot No. 4427 appertaining to RS Khatian No. 3080. 2. Respondent ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ...... of the suit Khatian along with RS Khatian No. 3761 belonging to Gunu Mia, common ancestor of the parties, had not been brought into hotchpotch and so the suit was not maintainable. 3. The trial Court decreed the suit on contest. Respondent No.1 took an appeal therefrom but lost. ......p;……….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a rule of convenience. If properties are left out in a partition suit it brooks fu..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....sp; May 25, 1999. The Muslim Marriages and Divorce (Registration) Rules, 1975, Rule 10 The Muslim Marriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or oth......tion now runs as follows “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number, of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify: Provid......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......man J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others……………………..Respondents Judg..Category: Employment/Service Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....udgment and order dated July 25, 1995 of a learned Single Judge of the High Court Division passed in Civil Revision No. 410 of 1984 (Rangpur)/Civil Revision No. 7492 of 1991 (Dhaka) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......and in suit on the averments, inter alia, that the plaintiff respondents had no title and possession in the land in suit and the defendant-appellants were not tenants under the plaintiffs. 4. The trial Court decreed the instant suit for eviction by its judgment and decree passed on July 27, 1981......: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....the Constitution are not a bar…………………(7) (ii) There is no basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enqu......pose of the Government. If after gathering facts the President has a choice of action to be taken in respect of those on whom responsibilities have been fixed then the selection of choice cannot be called malafide as long as the reports remain confidential documents. By the impugned order dated 4......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......o basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enquiry committee and the enquiry committee legally constituted, though the report has not been made public no fault ..Category: Employment/Service Law | Date: | Hits: 89
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
.... as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not prove the case against the accused beyond reasonable doubt………………………(4 & 5). ......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......…...Respondent Judgment February 12, 1998. The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for concl......dvocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993)..Category: Criminal Law | Date: | Hits: 59
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