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Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....l, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......he auction‑purchaser. Plaintiff No. 1 and his father could not be the auction‑purchaser at the same Lime as much as plaintiff No. 2 and his father could not be the benamder at the same time. The land acquired in rent execution case in 1931 was far in excess of the suit land, and plai......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......s' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered deed dated 25th October, 1928 Ext.1 for a sum of Rs. 200/‑. At the time of mortgage the suit land was worth Rs. 500/‑. Isobullah himself paid the registration costs ......plaintiffs demanded redemption of mortgage upon offering the mortgage money with interest but the defendant having not paid any heed to it the plaintiffs filed the suit for redemption of mortgage and recovery of possession. 3. The defendant denied that the document dated 25‑10‑28 Ext. 1 was a......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
.... allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......ivision. 12. In the High Court Division it was argued on behalf of the plaintiff‑respondent that the learned Additional District Judge was wrong in holding, firstly, that the suit was hopelessly time‑barred and, secondly, that the disputed sale was vitiated by fraud. The learned Judge of the ......urts below dismissing Title Suit No. 48 of 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and recovery of Khash possession of the suit land by evicting the, defendants therefrom. The appellant w......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....y order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......dent approached the Ministry of Commerce which informed that the permission of the CCI & E was got necessary as the import of cement was not restricted. The Customs Collector, however, in the meantime put the said cement to auction sale under section 82 of the Customs Act 1969 to which the respo......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
..... 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ...... claim was resisted by the pre‑emptees on the grounds that the vendors had offered the land to him for purchase but he refused thinking that he would get the land without any price in due course of time and that within his knowledge they took possession of the land, constructed seven dwelling huts......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......30 AM the appellants along with others trespassed into the dwelling house of the informant Md. Afsar Ali Gharami (PW 1) with intent to kill him and also for committing theft. The informant at that time went out of his house to reply to nature’s call and he allegedly recognized the appellan......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......that the words ‘actual possession' in sub‑section (1) s. 145, mean actual physical possession even though wrongful e.g., that of a recent trespasser in actual physical possession at the time of the proceeding under s.145. In another full bench case, Gaetano Colaco Vs. Joao Rodrigues, ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....fe and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......er‑in law) and others made a conspiracy to murder Zahura Khatun on the next day. In pursuance of that conspiracy he went to the house of Zahura Khatun who was offering her Esha prayer at that time. Abdul Khaleque first entered into the room by opening the door and put off the light and at t......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... and lived in the same homestead of Keramatullah. It is also admitted by the contesting defendant that Keramatullah made the gift in favour of the plaintiff 6/7 years before his death. Thus at the time of gift the plaintiff was a minor baby aged about 12 years and lived in joint mess with donor ......8 allowing the appeal and setting aside the judgment and decree of the first appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a de......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....e till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ion, leave was granted to settle the question whether under the IRO the Labour Court has got the power to grant an ad‑interim order for stay of the operation of an order, impugned before it. At the time of the hearing the appellant is allowed to urge further whether in the respondent's application......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....e its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......s remedy under Order 9, rule 13 of the Code of Civil Procedure notwithstanding his filing of appeal which is pending subject to the limitation that the appeal itself is not disposed of in the meantime on merit whereupon he loses his right to pursue the Miscellaneous Case because on the princip......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....n custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......n was shown to the detenu where it was alleged that it was necessary to arrest the detenu for public safety and public order. It was asserted that the detenu was not in Bangladesh for quite a long time, arid on his return to Bangladesh he did not do any act that can be called prejudicial to the ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
.... Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......er husband. She also saw accused Babor Ali going by the southern side of her house with a gun on his left shoulder and a dao in his right hand. Accused Babor Ali was wearing lungi and shoes at that time. PW Rahela Khatun disclosed that she saw all the accused persons killing her husband in the ni......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....on proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......pondent Nos. 1 and 2 instituted Miscellaneous Case Nos. 300 and 325 of 1975 respectively under Order 9, rule 13 CPC for restoration of Other Suit No. 95 of 1973 before the trial Court. At the same time respondent No. 1 preferred Other Appeal No. 142 of 1976 against the said ex parte decree before......Judge, 2nd Court, Chittagong allowing Miscellaneous Case No. 56 of 1979 under Order 41 rule 19, CPC. 2. The plaintiff‑appellants' Other Suit No. 95 of 1973 for declaration of title and recovery of possession was decreed against the defendant-respondents ex parte on 11. 8.75. Re......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ranted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......appellant No. 1 lodged a First Information Report with Jagannathpur Police Station stating, inter alia, that on 6.10.89 after Magrib prayer a Milad and Waz Mahifil was held in his house and at that time he heard a sound from the eastern corner of his house and going over there he saw that accuse......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......hat it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by either party by a notice to quit. Possessory right of a licensee is terminable at any time at the mere will of the person granting the licence. ………………..(14,18) Cases Ref......his purpose. Provision of this section shall prevail "notwithstanding anything contained in the Transfer of Property Act, 1882 or the Contract Act, 1872". The provision is that no order or decree for recovery of possession of a premises shall be made as long as the tenant pays rent in full and regul......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....p; June 2, 1976. Lawyers Involved: Mustafa Kamal, Advocate, instructed by S, S. Hoda, Advocate-on-Record—For the Appellant. Ex-parte—Res......6 of 1967 against an Advocate Mr. Amirul Islam, Barrister-at-Law who appeared for the petitioner in the above mentioned Criminal Revision. The impugned remarks are as under:— “At the time of the hearing of the Rule, Mr, Amirul Islam, Barrister-at-Law opened the case but soon therea......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ng life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... duty. 12. We have given our anxious thoughts to the version of the complainant-appellant and also to those on behalf of the respondent. Though we feel that a promising life at its budding time has been lost due to the police firing which was resorted to under compelling circumstances th......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......Bengal, 1943 there ought to have been a full executive Enquiry to ascertain whether the firing was justified and whether the regulations were obeyed, when in the instant case, the police used fire arms. There is nothing on record to show that the enquiry as contemplated under Rule 157 was not he..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....itted no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......nce is committed in prosecution of the common object of that assembly or such as members of the unlawful assembly know to be likely to be committed, then whoever is a member of that assembly at the time the offence is committed is guilty. Now the question is whether it is necessary to charge a pe......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ...... Ahmed as well as the sentence passed on them are hereby affirmed. Now let us turn to appeal No. 8-D of 1971 preferred by Mr. Khurshed Alam who was Secretary, Narayanganj Municipality at the relevant time. 10. The High Court, as already stated, issued a Rule suo motu against appellant Khurshed A......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
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