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Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the order on due consideration of the facts and circumstances of the case. Passing of such order in such manner is not an illegality. Pas...... Appellate Division (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others..........is suit on some false allegations with intent to harass the defendants. The R.S. Khatian has been recorded in the names of the defendants. 5. The learned Munsif on a discussion of the evidence of the defendants alone without discussing the evidence of the plaintiff found that the pl..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
.... of its vessels, by the defendants vessels, namely, M.V. MINI LARK, M.V. MINI LANCE, M.V. LUCK and M.V. MINI LIGHT. 3. In Admiralty Suit No. 2 of 1980 which was filed on February 11, 1980, facts as stated in the plaint show that the vessels, M.V. AFRA and Barage FARIDA belonging to the ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Corporation……………..............................Convention Act, 1911 to bring an action in court can be considered, whether the question of limitation being a mixed question of law and fact, can be decided without entering into evidence and hearing the suit on merit and plaint can be rejected under Order 7, rule 11 of the Ci..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....late Court did not consider the question of possession holding that it was not material for deciding a case under section 143A. The learned Judge of the High Court Division on consideration of the facts and circumstances of the case affirmed the finding of the trial Court holding that no complic....................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials fo...... the error in the records-of-rights due to the non-consideration of the fact of plaintiff's possession in the case land. The learned Counsel submits that the learned Munsif on consideration of evidence and report of the local investigation by Circle Officer (Dev) found plaintiff in pos..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
....her in his custody after release. 3. The learned Judges of the High Court Division after hearing the parties and perusing the affidavits rejected the appellant's prayer holding that on the facts disclosed the appellant has no locus standi to be impleaded in the proceeding under section ............Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrat...... 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. ..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......, being dead his heirs: Siddique Ahmed & others..............Respondents Judgment May 31, 1983. The usufructuary mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit lan......igh Court Division which was dismissed. 5. Leave to appeal was obtained by the defendant-appellant to consider whether the High Court Division has correctly construed the documentary evidence in ascertaining the nature and character of the lands in question and also whether t..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. ......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ......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. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....ous order of dismissal was manifestly illegal or unjust, or it caused miscarriage of justice or it was passed on incomplete record or on misunderstanding of the nature of the complaint or where new facts, which could not, with reasonable diligence, have been brought on record in the previous p...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Resp......for the appellants, contends that the appellants were, in fact, discharged twice before on the same allegation and now they have faced the same allegation for the third time; but as there is no fresh evidence brought against them it is not at all open to the learned Magistrate to entertain the compl..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... premises as an abandoned property though his prayer was rejected which prompted him to file this suit. 12. The trial court decreed the suit on evidence and the decision primarily rests on facts. In reversing the judgment of the trial Court, the High Court Division unfortunately could no......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f......another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, deliv..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ...... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuo......ed from eviction except on the ground of violation of the terms of the tenancy as laid down in section 7(5) of the Non-Agricultural Tenancy Act. 3. The trial Court on consideration of evidence found that after destruction of the original tenancy by fire a new bharatia tenancy more o..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....s a Magistrate under section 145 of the Code of Criminal Procedure, to physically oust a person in possession of the disputed premises, during the pendency of such proceeding. In the facts and circumstances of the case there is no illegality in quashing the impugned proceeding in ......premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab Miah, Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record&m......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. ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
....able and non compoundable but the State has not moved against the order of acquittal passed by the lower appellate Court. Further lower appellate Court as a first Court of appeal and final Court of facts has decided the case on consideration of the evidence on record. This Court in its revisional ......resent: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment October 19, 1983. The......d of 6 months. 6. On appeal by the accused respondents, the learned Session Judge set aside the order of conviction holding, inter alia, that Exts. 2-2(b) are not genuine and further there was no evidence to hold that Ext. 2(c) was ante-dated by the accused respondents. 7. The complainant ap..Category: Anti-Corruption Laws | Date: | Hits: 112
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....for a declaration that the order of reversion to his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what led to his grievance appears from the facts stated in the plaint. He joined service as Inspector in the Department of Civil Supplies unde......lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) ......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." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....laws of the country and the rules of procedure………………….(6) Civil and criminal liability The question is whether it is a civil liability or criminal offence depends upon facts, whether the complainant in parting with his …. Acted on the representation of the accused a...... The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws......first information report or the complaint even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged in such cases. No question of appreciating evidence arises, it is a matter merely of looking at the complaint or the First Information Report t..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....imity of decision of the Courts of sub-continent that a dispute relating to an execution can be reopened even after the decree has been executed". This observation is not supported by recorded facts. 11. On consideration of these two sets of views, we are inclined to the view t......J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ......on of the decree. The Executing Court dismissed the Miscellaneous Case, holding, among other things, that the alleged death of the defendants was not proved by producing any authentic and reliable evidence, such as Death Certificates. The lower Appellate Court, however, allowed the application h..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....— This appeal by special leave is directed against the judgment and order passed by the High Court Division in dismissing the appeal being F. M. A. No. 385 of 1979 summarily. 2. The facts areas follows: The plaintiff appellant filed Money Suit No. 7 of 1955 in the 1st Court of Sub......dhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................….Respondents Judgment June 29, 1983. The C......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. ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....no actual transfer took place that the question of benami nature of transaction could be considered in a proceeding for pre-emption under section 26F of the Bengal Tenancy Act. In the instant case, facts are altogether different. Here we find two kabalas in respect of the same land. The earlier on...... The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litig...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....mportance to the, evidence of the Medical Officer which was inconsistent with the oral evidence of this eye witness with regard to the alleged injuries caused by the appellant and that whether the facts and circumstances of the case calls for awarding the capital punishment. 5. In this c...... Ali Advocate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No...... 4. In this case leave was granted to consider whether the learned Judges of the High Court Division erred in law in upholding the conviction and sentence of the appellant on the basis of the evidence of only one eye‑witness PW 2 Rowshan Ara @ Mina which was not corroborated and subst..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....below was reversed and the suit dismissed by the impugned judgment. 6. Leave was granted to consider mainly whether the learned Judge of the High Court Division upon a correct appreciation of the facts of the case and the law, particularly sections 18(5) and 19(l)(a)(b) of the Premises Rent Cont......ance with law. The appeal is allowed without any order as to cost. Ed....... to the said provisions of section 19 the onus is on him to prove that the ground on which he deposited the rent with the Rent Controller exists. 11. Now in the present case there is absolutely no evidence that the defendant ever offered any rent or sent the same by money order to the plaintiffs ..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
.... were required for the purpose of rebuilding. The plaintiff-appellant was not required to state in the plaint as to what proof he had with regard to the requirement of rebuilding. A plaint contains facts, not proof. 15. On both counts, namely, (a) bonafide requirement for his person......e enforced through Court. Ed. ...... and social status. The suit premise is not needed for any addition, alteration and renovation and the plaintiff has not referred to any approved building plan either. 4. In his evidence the plaintiff as PW 1 stated that he was very old and suffered from blood‑pressure ..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....ted 9 November, 1987, dismissed the same but reduced the sentence under section 201 Penal Code to 3 (three) years. 2. Leave to appeal was granted to consider the only contention that in the facts and circumstances of the case, it is the second part of section 304 under which the appellant......ions Judge. Ed. ...... the second part will be attracted if the act is done with the knowledge as aforesaid. 12. Khan Saifur Rahman, learned Advocate for the appellant, has submitted with reference to the evidence that the appellant had no intention of causing death or to cause such bodily injury to USN..Category: Criminal Law | Date: | Hits: 51
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