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Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... The High Court Division noticed 21 D.L.R. (Dhaka) 918. Purnendu Kumar Das Vs. Hiran Kumar Das. Mr. Shaukat Ali Khan does not contest the proposition laid in this decision. He submits that the facts of that case and the present case are completely different because here by the Salishnama par...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors......he plaintiffs in consideration of that will also give the lands of the disputed kabala". The trial court noticed that the plaintiffs have not examined any witness to give evidence that the consideration of the disputed kabala was the compounding of a non-compoundable c..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....plying section 149, instead of section 34, is not bad in law as ‘‘common intention" and "common object" have overlapped in this case. But the question is whether, in the facts and circumstances of the case, particularly in view of the passive part played by these six r......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, 1984. The Evide...... and set the house on fire in order to apprehend the miscreants. But the accused persons were falsely implicated out of grudge and enmity. The learned Assistant Sessions Judge, on consideration of evidence of 16 witnesses for the prosecution and two witnesses for the defence, rejected the defenc..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
...., the High Court Division rightly considered that this point could not be assailed but unfortunately the learned Judges failed to draw the necessary inference for drawing conclusion from such facts. As against this fact that Gouri Dasi treated the plaintiff as her daughter althrough there i......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ...... claim by filing a suit in the Civil Court. Hence the suit mentioned above had been filed for declaration of right, title and interest. 3. The suit was contested and the plaintiff led evidence to prove that she was the daughter of Gouri Dasi who died intestate; that the propert..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ...... Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors.............................Respondent Judgment November 17, ...... Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional ev..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Mehar Khatun and ors............................... Appellants Vs. Sarat Kumar Kanungoe…......a Second Appeal was filed and the High Court Division remanded the appeal to the Appellate Court below for "rehearing on the ground that the First Appellate Court had not discussed the defence evidence and that the appellate Court had not given conceiving reason to the discard the evidence o..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....ubmitted. Under such circumstances, there can, in our opinion, be no question that the Court should direct a thorough scrutiny into the accounts of the Receiver. It is, moreover, clear from the facts which have transpired in the Course of the arguments addressed to us, that even if the accou.......A. Gani, Advocate & ors …..............................Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....but to deprive him of his right to appeal against the removal the impugned order has been couched in the language of section 44 which does provide for appeal or revision. 5. So far as the facts of the case are concerned, there were some vague allegations against the appellant, part......J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinanc...... has been further pointed out, again, the learned Counsel contends that when there were allegation of breach of trust, mismanagement, malfeasance and misappropriation against the appellant and when evidence was also recorded against him in respect of these allegations, the impugned order app..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....the case to the trial Court to determine the question whether the defendants were defaulters in payment of rent after the transfer of the suit premises. Leave was granted to consider whether in the facts and circumstances of the case as appeared from the record the order of remand was warranted an......ndents Judgment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit p....... Now the position is very clear. It is that the tenants got notice of the premises to the appellants but they did not pay any rent to them. The trial Court came to a clear finding that ''there is no evidence on record that the defendants offered rent to the plaintiffs after coming to know that the ..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......man & ors......................................Respondent Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a ten......rom Mofiz and Mohim did not confer any title on the plaintiff. Defendants, it was contended, were in possession and took pattan of the suit land by Amalnama. The trial Court on consideration of the evidence decreed the suit. Appellate Court, however, reversed the decision and allowed the appeal a..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....-debtor violated the order of prohibitory injunction given in a decree by a Court. 3. Leave was granted to consider the question whether a petition under Order 21, rule 32 was maintainable in the facts and circumstances of the case and whether the impugned order could be sustained. 4. As has......Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md Mohsen Ali J Kad Banu & others......................................... Appellants Vs. Hajera Khatun and others................................ Respondents Judgment December 13, 1983. The C......e is prohibited from doing. It is imperative to find that the defendant had willfully disobeyed the order of the Court…………..(10) To find the defendant guilty for disobedience of injunction evidence is required to hold that the defendant had knowledge of the High Court’s Order and he del..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ...... a Court with jurisdiction which is not given by law……………….(4) The matter fell between the concurrent jurisdiction of the Labour Court, Rajshahi and the Labour Court, Chittagong and the law says that exclusive jurisdiction in such case lay wit......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..Category: Labour and Industrial Law | Date: | Hits: 115
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....-ul-Huq does not question the correctness of the decision of the Pakistan Supreme Court in the previous case relating to different assessment years namely 1955-56 and 1957-58, but contends that the facts and circumstances of that case were different in that the assessee could not establish the r......rom income tax. The Impugned assessment being prior to the amendment, the exemption is not available to the respondent. The Decision of the High Court Division granting such exemption is set aside and that of the Tribunal refusing any exemption is restored…………..(13 an......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....ired he was taken into custody for 21 days. His father, Rajendra, had six sons and six daughters and according to P.W. 1, all except Indu Prova were Indian nationals all through. Considering these facts and circumstances the learned District Judge disbelieved the evidence of D. W. 4 Hiralal, and...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ......r person besides her to look after the property of her husband. She also contended that the property was all along in her possession. 4. The learned District Judge on consideration of evidence led by both the parties held that the execution of the will was satisfactorily proved as t..Category: Property Law | Date: | Hits: 118
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ...... Judgment October 19, 1983. Criminal Trial PM Examination Report In discharging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of ...... Prosecution witnesses were examined. No witness was examined on behalf of the Defence. The trial court convicted and sentenced the petitioner on materials on record and mainly on the evidence of P.Ws. 3, 6 and 9. Being aggrieved, the petitioner preferred the aforesaid crimi..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....tial must be conceded. Before the suit was filed by the appellant for specific performance of the contract, the Government should have exercised its direction and cancelled the contract, but as the facts stated above show that the Government failed to taken action prior to the filing of the suit, ......ant Vs. Bangladesh, represented by the Secretary, Ministry of Public Works & Urban Development …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Ri...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
.... present on the date fixed for hearing. By the same order, Collector if Customs and M.S. Zenith Shipping, Local Agent of appellant in F.M.A. No. 501 of 1980 were directed to file affidavit explaining facts and circumstances leading to the escape of the detained Trawler. After hearing the parties con......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh A......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ertions of appellant No. 1 regarding full payment of all such taxes and dues payable in respect of the disputed property, plaintiff-respondent No. 1 would seem to have no legs to stand upon. Broad facts remained that it is appellant No. 1 who maintained the entire family since his father's death......d, therefore, be exercised only in extreme cases. Where there is not merely apprehension of possible danger but the peril or danger to the property in question appears to be great and imminent, such appointment may be made………….(13) There is no ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
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. ......Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24, 1983. The finding......into on a revisional application. Dr. Hossain contends that the revisional court has got jurisdiction to see whether the finding as to bonafide requirement has been based on proper consideration of evidence on record particularly on correct Interpretation of section 18 of the Premises Rent Con..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. ..................Appellant Vs. Asgar Ali & ors……….....................……Respondents Judgment October 19, 1983. Sections 263 and 264 of the Code of Criminal Procedure do not contemplate that reasoning should be given in case......contemplate that reasoning should be given in case of acquittal. However, it is highly desirable that the Magistrate passing an order of acquittal should at least give some indications as to why on evidence the order of acquittal was given. Brief statement of reasons of acquittal should contain i..Category: Criminal Law | Date: | Hits: 41
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