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Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... Ordinance No. XLVII of 1983. Now rule 14 of order VII reads as follows: "14. Production of documents along with the plaints.- (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them In Court when plai......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......ot mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ...... the Court and the same will not be taken into evidence. The Court shall not grant such leave unless the plaintiff can make out a case of "exceptional circumstances". Hence, the pertinent question for us will be to consider whether in the present case there was exceptional circumstances..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... others Vs. The Queen (1976) 1 All ER 353 the five appellants who were convicted by a Resident Magistrate's Division of the Gun Court established under the Gun Court Act, 1974 of Jamaica for unlawful possession of firearms and ammunition, challenged the constitutionality of the provision so to the e......d with provisions of rough and ready justice, have been steadily growing in the limbo of legal system as an alternate dispute resolution mechanism. Criticism against the growing tribunalisation in England, among other reasons, led to the setting up of a Committee on Administrative Tribunals and Inqu......ppellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others .................................Appellants Vs. Administrative Appellate Tribunal & others…………….Respondents (In Civil Appeal No. 1 of 1......ated 12th December, 1990 passed by the High Court Division Dhaka in Writ Petition No. 773 of 1989). Judgment MH Rahman J.- These three certificated appeals call for determination of a common question whether in view of clause (5) of Article 102 of the Constitution a writ petition is maintai..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ............................................Respondents Judgment August 25, 1991. Lawyers Involved: Rafiq‑ul‑Huq, Senior Advocate (AKM Nazrul Islam, Advocate with him), instructed by Mr. Sharifuddin Chaklader, Advocate‑on‑Record ‑For the Appellants. ...... of master and servant does not apply in his case. The plaintiff can maintain a writ petition as also a suit against his wrongful dismissal, if not otherwise barred by any other law. 14. The question now is, can the plaintiff demand as of right a second show cause notice against the propos..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....nd dismissing the plaintiff’s suit, Title Suit No. 89 of 1964. 2. The said suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule 2) out of schedule 1 land. Admitte......d suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule 2) out of schedule 1 land. Admittedly schedule 1 land belonged to Ramanath Ghosh Estate having 1‑/12/‑ annas......ot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......uch as it has been found that the defendants had acquired title by adverse possession. If this finding remains then the suit will be indisputably barred also under Article 144, Therefore, the main question for consideration is whether the finding as to adverse possession was correct and this bri..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......209;84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka against the plaintiff‑appellant and respondent Nos. 2 and 3 for specific performance of a contract for sale of the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The appellant came to......late Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, PS Ramna, Dhaka …………&hel......it. It was no function of the High Court Division to sit in appeal over that finding of the lower appellate Court in the revisional jurisdiction. The High Court Division was only concerned with the question as to whether the lower Court in giving that finding committed any error of law resulting..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
.... "It was brought to the notice of Government that in some areas the land‑holders were selling out or otherwise transferring all kinds of lands including waste lands in their khas possession on a large scale with a view to get a greater benefit out of the provisions of the Ea......ural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the suit land plaintiff No. 1 claimed to have auction purchased in Rent Execution Case No. 533 of 1933 in th...... Government of Bangladesh represented by the Deputy Commissioner, Bakerganj ..............Appellants. Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgm......No. 1 and not a deed of transfer. The High Court Division, however, did not set aside the finding of the Appellate Court that Krishna Lai Kundu was not the benamder of plaintiff No. 1. The question of benami auction‑purchase was raised and hotly contested before the trial Court. Th..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ts 3‑5) the Mitras, who transferred the suit property to the plaintiff by a registered deed of exchange on 13.11.63 through their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The suit property was requisitioned by t......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......f justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... in which the Rule was made absolute by the High Court Division and an order of remand to the trial court was passed. The remand was felt necessary because the High Court Division observed that the question of title of the plaintiff was directly and substantially in issue in the suit and without ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet Bench in Second Appeal No. 259 of 1971. The appellants' suit for redemption of mortgage of suit land and for khas possession, Title Suit No. 323 of 1969, was decreed by the learned Sadar Munsif, 2nd Court, Sylhet b...... the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet Bench in Second Appeal No. 259 of 1971. The appellants' suit for redemption of mortgage of suit land and for khas possession, Title Suit No. 323 of 1969, was decreed by the learned Sadar Munsif, 2......Case is also Reported in: 44 DLR (AD) (1992) 83. ......llate Court held that Ext. 1 was an out and out sale with a condition of re‑purchase. The High Court Division agreed with the finding of the lower appellate Court. Leave was granted to consider the question as to whether Ext.1 is a kot moorage or an out and out sale with a condition to re‑purcha..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....ing 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 was defendant No. 1......f 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 was defendant No. 1 in the said suit. The ......J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The appeal is allowed. Case Refer...... that the appellant too moved a revisional application against the judgment in Title Appeal No. 20 of 1977 but the same was summarily rejected on 6.3.85. 10. Leave was granted to consider the only question whether the learned Judge of the High Court Division was justified in reversing the concurr..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ds specified therein. Mr. Ahmed referred to British Shipping Laws Vol. 3: Carver's Carriage by Sea (Vol. 2) Twelfth Edition) which says at page 886; 1045. The right to have possession of the goods passes to the transferee of the bill of lading; that is the symbol of the g......in question the letter dated 23.12.90 of the Collector of Customs(Annexure K to the Writ Petition) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 metric tons awaiting delivery with a prayer to restrain the Collector from...... Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (In Civil Appeal No......e same, they have been heard analogously and will be disposed of by this judgment. 2. Respondent No. 1 Anis & Co. (in both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of Customs(Annexure K to the Writ Petition) reit..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....he 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, dug a pond, planted trees and made consider......claimed pre‑emption by filing Misc. Cases Nos. 121 of 1974 and 174 of 1974 under section 96, State Acquisition and Tenancy Act, in the 1st Court of Munsif, Dhaka. By one sale deed, 1.70 ¾ acres of land was sold for a consideration of Tk. 6000.00, and by the other sale‑deed, 1.39 ¾ acres of lan......owed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......he High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this decision he took leave from us and filed these two appeals, in which the only question is whether he, by his act or conduct, acquiesced in the sale of the property in question or..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....e second party examined 4(four) in support of their respective cases. The learned Magistrate upon a consideration of the evidence, by his order dated 16.3.85, found the first party to be in actual possession of the disputed land and also an apprehension of a breach of the peace over the same and......3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the same through bargadars. Second party‑respondent No.1 M......ed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......he judgment and order dated 27 June, 1989 passed by a Division Bench of the High Court Division, Dhaka making the Rule absolute in Criminal Misc. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of t..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. .........Respondents Judgment July 9, 1991 Cases Referred To: Abu Ahmed Abdul Hafiz & others Vs. MA Hoque Shirajee 1983 BLD (AD) 193; Azizul Huq Chowdhury vs. Manzur Hossain and others BCR 1984 (AD) 532 & Sukumer Sen & others Vs. Guranga Bejoy & others 1989 ...... by respondent No. 1 the learned Single Judge of the High Court Division without issuing any rule on the appellant allowed the prayer of respondent No. 1 after holding "without going into the question as to whether the petitioner is a necessary or proper party, I just allow the petitioner t..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....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. ......ul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......him with the offence and which finds support from the confession of the co‑accused can very well be considered and in that basis his conviction can be maintained. 17. Now coming to the question of death sentence of appellants Hazrat Ali and Abdul Khaleque, we find that there is no e..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....ppeal 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 deed of gift execut......st 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 deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Fazar Ali....................Plaintiff‑Petitioner Vs. Sikandar Ali ....................Defendant‑Responden......plaintiff made by the final court of fact without assigning any reasons whatsoever. 6. The plaintiff sought for declaration on the basis of the deed of gift Ext.5 and consequently, the main question for decision is whether the deed of gift is valid and on that basis the plaintiff can seek..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......rest of the principal respondent Nos. 1(a) to 1(j), as plaintiff brought other Suit No. 35 of 1969 in the Second Court of the Subordinate Judge, Chittagong for declaration of his title to the suit land described in schedule 1(a) and 2(a) of the plaint. Dudu Miah, the appellant in this appeal (si......bsp; Ed. ...... in First Appeal No. 343 of 1970) Judgment: ATM Afzal J: In this defendants' appeal by leave, the short question for consideration is whether the High Court Division was justified in the circumstances of..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....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. ...... to- Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissioner of Income tax Vs. Vadilal Lallu Bhai AIR 1973 (SC) 1016. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Khalilur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advoc......The High Court Division upheld that order in the appellant's Writ Petition No.547 of 1985. 2. As there are several conflicting decisions of the High Court Division, 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..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....dge, Dhaka. In the scheme of the general law of the land as indicated above as also in keeping with the special provisions made prior to and in the Proclamation of the 7th April, 1979, the Court in possession of the records of the Martial Law Court and in whose jurisdiction the accused is found i...... William in the Presidency Town of Calcutta by a Royal Charter and each of the Justices of that Court was given power to issue the English Writ of habeas corpus like the Court of King's Bench in England within the local limits of the Court. Two other Supreme Courts were established in two other P......t: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others……......roclamation. The respondents have challenged this new plea, neither raised before the High Court Division nor in the petition for special leave to appeal, nor any leave was granted on that point. A question of fact or a mixed question of fact and law ought to be raised in the High Court Division,..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......e dated 22.3.88 declaring the plaintiff‑petitioners' title to a big pond in the city of Dhaka. Plaintiffs claim the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. However, the petition for condonation of delay in filing the appeal was rejected by the Distri......in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......nessa Vs. Safed Ali Bepary and others 36 DLR 253; Rahela Khatun Vs. Seraj Sarker 35 DLR 345 relied. Robert Watson Vs. Ambika Dassi 4 CWN 237. Lawyers Involved: SR Pal, Senior Advocate instructed by Md. Ozair Farooq, Advocate‑on‑Record ‑ For the Petitioners. N......2) is being consistently followed by the High Court Division (see Md. Wasiq Khan Vs. Md. Sabiq Khan, 33 DLR 35 and Jaharunnessa Vs. Safed Ali Bepary and others, 36 DLR 253). 6. The suit in question was transferred from one Court to another by virtue of a Gazette notification. The transfe..Category: Procedural Law | Date: | Hits: 99
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