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Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... rooms of the building for commercial purposes have already been ejected or are under order of ejectment. Even this appellant has been evicted from another room adjacent to the room in question. In view of these circumstances, there is hardly any scope for using this particular room for commercial..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... that the requirement of sections 263 and 264 Cr. P. C. were complied with and therefore it could not be said the order of the learned Magistrate was not in accordance with law. In this view of the matter the reference was rejected. Leave was granted to consider whether the m..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......intiff found that the plaintiffs have no possession in the suit land and that the suit for simple declaration on payment of fixed Court Fee of Taka 20/- only is not at all maintainable and in that view of the matter he dismissed the plaintiff's suit. On appeal by the plaintiff the learned Subord..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......r section 8 of the Maritime Convention Act, 1911. Application filed by the respondent No. 3 for striking out its name was however, not allowed. 9. Leave was granted to consider whether, in view of prolonged negotiations for amicable settlement of the dispute between the parties, and the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......hakhilas, claimed by the plaintiff to have been granted by owners thereof. 5. Mr. Moksudor Rahman, learned Deputy Attorney-General, appearing on behalf of the appellant argues that in view of the clear finding of the Court of appeal below that a complicated question of title has ari..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... Begum. It is further submitted that the appellant has filed an application before the Chief Metropolitan Magistrate, Dhaka, for releasing Nadia Begum but the matter could not be heard in view of the stay order passed by the High Court Division in the present proceeding. It is also sub..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....rtgages on May 29,1924 but since at this date such transfer could not be validly made the application of the provisions of section 26G of the Bengal Tenancy Act to cover such transfer has been erroneous. Such interests were made transferable by an amendment of the Bengal Tenancy Act in 1928.......e in ascertaining the nature and character of the lands in question and also whether the High Court Division correctly applied the provisions of section 26G of the Bengal Tenancy Act in view of the amendment of this Act in 1928, the contention was that the lands in question being raiy..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ggrieved by any of their orders. Similarly sub-section 3 of section 74 of the Ordinance contemplates suits for recovery of possession of immovable property and for declaration of title. In this view we held that the learned Additional District Judge committed an error of law apparent on the ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......gnizance taken thus will not be treated as one taken under clause (c) of section 190 (1) that is, it is not a cognizance taken on the Magistrate's own knowledge of information. I am supported in this view to the fullest extent by a decision of the Pakistan Supreme Court in the case of Falak Sher and..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....d accordingly allowed the appeal and dismissed the suit. 7. Mr. T. H. Khan, the learned Counsel appearing for the plaintiff appellant contended that the High Court Division erroneously reversed the judgment of the trial Court and found fault with the plaintiff......iff respondent in the High Court Division. The reason for non-appearance is detailed in paragraph 7 of the leave petition. The High Court Division reassessed the evidence in F.A. and took the view that the suit ought not to have been decreed by the Trial Court and accordingly allowed the ap..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......of opinion that no criminal Court would oust from possession an existing occupier of a premises by way of drawing up of proceeding under section 145 Cr.P.C. and attaching the premises. In our view the drawing up of the proceeding re clearly an abuse of the process of Court and in order to p..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
....ation of questions which could be raised only in a civil suit but which are outside the ambit of the criminal proceeding for forgery. The learned Counsel further contends that the High Court Division erroneously refused to interfere with the order of the Sessions Judge on misconception of the provis...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....pply if a fresh suit, after disposal of the previous one, is filed for the omitted claim. Woodroffe J, with whom Sanderson, CJ, concurred, observed: "It proceeds on the erroneous assumption that the amendment was prohibited by Order II, rule 2. This rule does no...... trial Court's order and dismissed the application for amendment observing that the raising of the claim was hit by rule 2 of Order II of the Civil Procedure Code. The learned Judges took the view that when the plaintiff claimed Tk. 5000/- in the suit, he consciously relinquished his claim ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......re itself not for a fraction of that period of the cadre" "the word 'temporarily' used in Annexure 'B' cannot be attributed for classifying the respondent as a temporary appointee. In our view that will be going beyond whatsoever is meant by Annexure 'B'. If the appellant had a desire t..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....atter like this took such along time for disposal during which the entire machinery of investigation was put out of gear. When the matter was disposed of the learned Judges of the High Court Division erroneously held that the Magistrate issued processes against the accused under sections 406 and 420......r partner to collect money or property of the firm then he is entrusted with a dominon over that property and if he dishonestly misappropriated it then he comes within this section. 13. This view of the Calcutta High Court since 1874 has been favored with some force in the sub-continent. Th..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......-profits the suit does not abate by reason of the non-substitution of the deceased plaintiff's legal representatives. In a recent case, also Fakrun Vs Ayachuddin, 1 B.C.R. 1981, 236, the same view has been held by the High Court Division. 9. In the instant case, no distinctio..Category: Others | Date: | Hits: 97
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. ......led by the provision of the Limitation Act. In India, by Limitation Act, 1963 section 48 of the Code is deleted and its place has now been taken by Article 136 of the Limitation Act, 1963. In this view the contention of Dr. Kamal Hossain that the execution proceeding is hit by Article 182 of the..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... Agencies, 16 DLR (SC) 155 on this point. Moreover, the order of remand was based upon the view that the question of benami can be gone into, but when the learned Single Judge rejected this view as erroneous no purpose would have been served by remitting the case to the trial Court. We, therefore,......h Court Division interfered, in revision, with the Order of the Subordinate Judge, and restored the trial Court's Order. 3. Miah Abdul Gafur, learned Advocate for the appellant, contends that the view taken by the learned Single Judge of the High Court Division is not correct and argues that the..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. ...... oral evidence of PW 2, But the other 4 stabbing, and incised wounds which were mentioned by the Medical Officer are of minor nature and are in the vicinity of injury Nos. 1 and 2 and we are of the view that even in the process of inflicting these two major injuries viz., 10" x 5" x tho..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......13 case, no duty under the law has been cast upon the landlord to pursue the tenant in demanding e rent which falls due. It is rather the duty of the tenant to pay rent to the landlord in time with a view to saving him from being a defaulter, the consequence of which is his eviction from the premise..Category: Tenancy Law | Date: | Hits: 101
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