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Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......as also not stated in the plaint that the suit premises was required for the purpose of building and rebuilding and that he got the plan approved from the authority concerned for the same. In that view of the matter the leaned SCC Judge held that the appellant failed to prove that the suit premi..Category: Property Law | Date: | Hits: 26
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. ......lace. He submits that the Memo. was purely an inter‑departmental communication addressed by the Superintending Engineer to his higher authority, namely, the Additional Chief Engineer, with a view to obtaining advance sanction for the Contractor's claimed amount in case the department has ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......uted holding originally belonged to Dinomoni the subsequent fact of exchange between Dinomoni's daughter Buli Barmani and her grandson Lalit Chandra, reflected in the CS Khatian, cannot b rebutted in view of the clear statement of the plaintiffs own witness, PW 3, that Dinomoni, Lalit and Janaki got..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....ion 25 of the Small Cause Courts Act limits the power of the High Court in revision but the phrase "according to law" cannot be held to exclude cases in which there has been a grossly erroneous decision on facts. i, In the instant case it has been shown that conclusion on fact was ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... the course of his conduct of the case. 13. The Privy Council, however, holds in the case of Shewnandan Prasad Singh Vs. Hakim Abdul Fatah Mahammad Reza, AIR 1935 (PC) 119 (121) a contrary view as follows: "Their lordships think it advisable to say that if the facts are..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......titioners in Criminal Petition for Leave to Appeal No. 30 of 1996. 8. Leave was granted primarily to consider whether, the High Court Division was justified in acquitting the respondents in view of the evidence of PW 10 Abdul Mannan who deposed that he saw a person being slaughtered in th..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ourts on more than one occasion been held to be valuable evidence both of possession and title, and have been presumed to be correct until proved incorrect. The Assam Government has accepted this view, and will generally accept the thak map as correct unless older papers prove it to have been ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ents. It is one thing to say that a document is collusive but it is entirely different to contend that the document has been forged within the meaning of sections 463 and 464 of the Penal Code. In view of the admitted position that the executant of the impugned documents was the original owner o..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. ...... in nearly similar circumstances. One boy was convicted in a trial by Jury and his appeal was summarily dismissed by the High Court. In acquitting the accused the learned Chief Justice deprecated the view of the Sessions Judge when in his address to the Jury he said that if the evidence of PWs 1-3 (..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. ......ahore & 6 others, 1970 SCMR 170. In that case the Pakistan Supreme Court after considering the aforementioned case of Ahsan Ali and others Vs. District Judge and others upheld the High Court's view that the appellate Court impliedly condoned the delay when the question of limitation was spec..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....sp; 17. The discussion above answers the last question on which leave was granted. The High Court Division exceeded its jurisdiction under section 561A of the Code by recording erroneous findings on matters and documents touching upon questions of title to the grave prejudice......f Tejgaon police station was appointed the receiver thereof. 4. The Second party‑respondent filed a written objection and on 18.1.88 he moved the learned Magistrate for review of the preliminary order dated 5.10.87 which was rejected after bearing on 18.1.88. He did not..Category: Criminal Law | Date: | Hits: 54
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......he High Court Division with a prayer for bail. The learned Single Judge of the High Court Division admitted the appeal but refused to grant bail. 4. Leave was granted to consider whether in view of short sentence of one year only, the appellants ought to have been granted bail by the lear..Category: Criminal Law | Date: | Hits: 37
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. ...... ex parte decree against defendants 10‑17 be set aside and their names be struck off the decree. In that case no one appeared for the proforma‑defendants and it was not agitated how in view of the clear language of Art. 3 of PO No. 12 of 1972 a part of the decree namely, the compromi..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......on referring to the up‑to‑date legal position as to vested property and the various circulars issued by the Ministry of Land Administration and Land Reforms from time to time, took the view that the ADC (Rev.) has not been given by Memo No. 5177(18) VP 497 dated 29.11.77 (Annexure F)..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. .......1955 did not constitute an admission that the suit lands were diluviated after 1356 BS. It held on evidence that the suit lands were under water in 1356 BS. The rent of the pattani lands abated in view of the provisions of section 86A of the Bengal Tenancy Act. No rent being due from the pattani..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. ......ased and they did not support the prosecution case. From the judgment of the High Court Division it also appears that the Public Prosecutor declined to examine any other witness in this case. In that view of the matter, it is also difficult to say that the order of acquittal was passed without secur..Category: Criminal Law | Date: | Hits: 39
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ...... for default is one of rejecting an application to set aside a decree passed ex parte. It is not an order passed on merit, but ex parte. Appeal lies in both cases under Order 43, rule 1 (d), CPC. The view taken by the High our Division is correct. 5. The defendant-petitioner, therefore, had a rem..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....aving vested in the Government and the possession of which was delivered to the Railway, the bar of suit under Act X of 1953 was clearly attracted which was ignored by all the courts in view of the erroneous decision as to valid acquisition of the suit land. Mr. Hoq further submitted that the su......ed in favour of the plaintiffs by the trial Court and the decree was affirmed in appeal and then in revision by the impugned judgment and order. 7. Leave was granted to consider whether the view taken by the courts below and approved by the High Court Division to the effect that the defen..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......the time of issuing the rule could not be said to be a proper exercise of discretion. Rather it should he considered to be an unusual order in the facts and circumstances of the case. Being of such view the operation of the said order was stayed and now that the order itself has expired, it is n..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... these three aspects as found by the learned Judges of the High Court Division and consequently the Judges thought it to be a case of no evidence. This approach of the High Court Division was totally erroneous. The learned Judges of the High Court Division ought to have approached the case from this......umstances, there being no explanation as to the injuries found on the dead body of the deceased, as to the absence of the deceased's husband at the inquest of the dead body and at the funeral, and in view of the false story of the accused's father that Halima was seriously ill and equally false stor..Category: Criminal Law | Date: | Hits: 49
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