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Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....lished principle of law that the Executing Court becomes functus officio after the decree has been executed. The learned Advocate further contends that the learned Single Judge ignored the express provision of rule 12 of Order XXII, Civil Procedure Code, which say that the provisions as to subst......; Shahabuddin Ahmed J.- This is an appeal by special leave at the instance of the plaintiff-decree holder of a partition suit. A pertinent question of law, which is also of considerable public importance, is involved herein. It is whether an executio..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
.... 48(1) of the Code indicated that the period is a period of limitation not a bar as was a judicial opinion at one time. The opinion that has now crystalised is that section 48 is controlled by the provision of the Limitation Act. In India, by Limitation Act, 1963 section 48 of the Code is delete......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)
.... 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. ...... 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 litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which p..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. ...... abused her and assaulted her and in consequence of which she died. 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 ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....t directly to the landlord and it is only on the contingencies specified in section 19 that the tenant may deposit rent with the Rent Controller and as such when a tenant elects to resort to the said provisions of section 19 the onus is on him to prove that the ground on which he deposited the rent ...... 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 Control Ordinance, 1963 (Ordin..Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......s illegal. 13. It is true that there is no finding as to 'intention' either in the impugned judgment or in the judgment of the trial Court. This is certainly not desirable because the law requires a c1cair finding as to 'intention' before recording a conviction under & first pa..Category: Criminal Law | Date: | Hits: 51
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. ......rmine the unresolved dispute directing him to call for statements from both the parties, take evidence if tendered, give hearing to the parties and proceed to decide the dispute in accordance with law." 4. Mr. Monirul Islam succeeded Mr. Matiur Rahman as Superintending Engineer, Road..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. ......802 appertaining to CS Khatian No. 125 of Mouza Galtoir, PS Chirirbandar, District Dinajpur. His case is that the suit land originally belonged to Dinomoni Barmani who sold the land to her son‑in‑law, Janaki Nath Barman, by a kabala dated 18.1.1938. (Ext. I (a). The plaintiff purchased that land..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....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. ......ion under section 25 of the Small Cause Courts Act and section 115 of the Code of Civil Procedure. His observations are as follows: "it is true that explanation "according to law" in section 25 of the Small Cause Courts Act limits the power of the High Court in revisi..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
.... during the successive changes in the service rules it was not completed within one hundred twenty working days from the date of the coming into effect of the Rules 1984 on 19th July, 1984 when the provision for time-limit was first introduced. The provision for the time-limit for completion of t......ppellant NO. 2, the Chairman, Bangladesh Council of Scientific and Industrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case is that since his joining..Category: Employment/Service Law | Date: | Hits: 125
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. ......eda then sold some of her auction-purchased properties to some of the defendants. Then the lower appellate Court observed as follows: "After arguing the case at length the learned lawyer for the plaintiff‑respondents conceded that his clients have got no case for properti..Category: Property Law | Date: | Hits: 28
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. ......cepted this view, and will generally accept the thak map as correct unless older papers prove it to have been incorrect." 9. It is submitted that the High Court Division erred in law in not at all considering the Wazibul Arz, a document of unquestionable authenticity, giving de..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....d Property which allegedly became abandoned since 1.1.72 and vested in the Government. Article 6 of PO 16 of 1972 provides that any transfer of an abandoned property except in accordance with the provision of the said Order shall be null and void. Therefore, the transfer of the abandoned proper...... was registered in 1959 and he constructed a building on the land and left it out to tenants. The Ministry of Works has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and..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. ......then some time thereafter the dead body of the victim is found out. More often than not, ocular evidence of murder is not available and these cases thus rest on circumstantial evidence. As far as the law is concerned, it is now well‑settle, to put it in the words of Munir CJ, PLD 1950 Lahore 288 (..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....nsel. 5. It is contended that the High Court Division was wrong in remanding the case to the trial Court since respondent No. 1 did not apply for condonation of delay as provided in amended provisions of Order 9, rule 13 of the Code of Civil Procedure. It is further contended that as ther......dge and others on which the appellant has placed much reliance the Supreme Court remanded the matter to the Additional Settlement Commissioner for the disposal of the appeal in accordance with law after giving the parties adequate opportunity of representing their respective cases and adduc..Category: Procedural Law | Date: | Hits: 104
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....urt Division has correctly laid down the law. We approve the following observation made by the learned Judge: "The expression "proforma defendant" does not appear in any provision of the Code of Civil Procedure; the term indicates that for the sake of form the so......rte or in default of compliance with certain directions in certain legal proceedings. Article 3 of the PO No. 12 reads as follows: "Notwithstanding anything contained in any other law for the time being in force, all judgments, decrees or orders passed ex parte by any Court or ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....s in the possession of respondent No. 4 Bulbul Lalit Kala Academy as an allottee of the Government on a monthly rental. The appellants applied on 8.9.66 to the Relief Commissioner, Dhaka, under the provisions of the Disturbed Persons (Rehabilitation) Ordinance 1964, for permission for execution a......e steps already taken. The learned Judges, however, disagreed with the submission and referred to clause 12 of the deed of settlement which provides as follows: " 12. It shall be lawful for the lessor at any time during the period of lease to determine the lease by a written n..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....s took delivery of possession. The lands diluviated thereafter in the last part of 1357 BS and reformed in 1364 BS.Government is in possession. The auction sale was held in due conformity with the provisions of the Patni Regulations. Moreover the principle of abatement of rent as provided in sec......r at all and unfortunately the judgment of the High Court Division is also cryptic in nature. 9. The questions are, what briefly is a patni taluk or howla and what are the patni laws? Do the patni a law contain any provision for setting aside sale and does the present suit co..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. ......was filed before the High Court Division by a witness named in the charge-sheet, namely, Fazar Ali @ Manik Chand who is also the petitioner before us. Hence this leave petition is not maintainable in law. Further, it appears from the judgment of the High Court Division that the four witnesses who we..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: ......bmits that the order of the miscellaneous case for default is not an order "under Order IX, rule 13, CPC rejecting an application to set aside a decree passed ex parte" and hence Order 43, rule 1 (d) law had no application. 4. The argument is not tenable. The effect of an order of dismissal of th..Category: Civil Law | Date: | Hits: 105
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