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Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on......is, as appears from record, is the mere claim of the defendant made in his application under Order IX, rule 13 C.P.C. that no summons was served upon him. This claim was not backed by him by adducing evidence in court as against the process -server's report and the evidence of the plaintiff; As such..Category: Procedural Law | Date: | Hits: 89
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....the appellate judgment and decree and then came to this Division and obtained leave to appeal. 7. Leave was granted to consider two questions: (1) whether the tenancy of Samad Ali continued in the facts and circumstances of the case as found by the Subordinate Judge and (2) Whether the kabala Ext......er & others..................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy.......R. Khatian was correctly prepared in the names of his vendors. 4. The suit was dismissed twice- once in the first trial and then again on remand. The learned Munsif upon a consideration of the evidence (on remand) found that the plaintiffs failed to prove that defendants No. 4 to 6 are the he..Category: Property Law | Date: | Hits: 43
....gladesh and others.. .................................Respondents
Judgment
July 29, 1987.
Result:
The appeal is allowed.
The Arms Act, 1898 (XI of 1878), Sections 16 & 18
In the facts of the case we think it was absolutely necessary to hold the inquiry with notice to and in the......ahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of BanÂgladesh and others.. .................................Respondents
Judgment
July 29, 1987.
Result:
......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....e on behalf of the respondent for re-counting of votes. Mr. Khan is obviously conÂscious of the findings made by the Tribunals in this behalf which read as follows; "In the above circumÂstances and facts the recounting by the Tribunal is not illegal and irregular, since the counting of the votes b......udgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with intensive scrutiny. The parties confronted with a......s delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/irregularity in the conduct of the election the Tribunal found that they were not proved by proper evidence and the issue was answered in the negative. On the basis of reÂcounting of ballots at the ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
.... corporate body and as a juristic person no doubt but it acts through human agencies, namely, through the elected commissioners and the Chairman is also an elected commissioner under section 6(4). On facts, ground was not laid for the exercise of power under section 135 and such exercise tantamount ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelÂopment and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am......opportunity before an action is taken. Section 133 contemplates an enquiry and sub-section (2) the enquiry officer shall have the powers of the Court under the Code of Civil Procedure 1908 to take evidence and to compel the attendance of witnesses and the production of documents. On the conclusio..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)...... house and also to assess the value thereof and upon the report the learned Munsif shall deterÂmine the area of the dwelling house and its valÂue cither on the basis of the said report or on taking evidence of both parties if necessary and thereafter to pass a decree in favour of the plaintiff acc..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....t appellants 2-4 ordered appelÂlant No. 1 Amar Kumar Thakur to cause the death of Nanda Lal; rather the evidence shows that it was Amar's individual act which caused the death of Nanda Lal. From the facts proved neither common inÂtention nor abetment on the part of appellants 2-4 to kill Nanda Lal................Appellant vs. The State............................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to i...........................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 wanted that Nanda Lal..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....ded to bring the suit land under cultivation the plaintiffs filed the suit in 1958. The trial Court found that the land had already been brought under mechanised cultivation by defendant No.1. In the facts of the case the impugned judgments do not call for any modification by way of allowing the pla......an & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inc......al and unjust burÂden on some individuals for benefit of others. 16. In the instant case the plaintiffs are claimÂing grazing right over a vast land, 19.56 acres in all the plaintiffs adduced no evidence about the reasonaÂbleness of their right of pasturage at its inception. They did not also ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....f being totally absent in the first information report, the High Court Division erred in not rejectÂing the evidence adduced by P.W.1 S.I. Ashraful IsÂlam and others in that behalf; (2) that in the facts and circumstances on record it ought to have been held that the alleged confession was not tru......the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by ...... Vs. The State.............................................Respondent Judgment November 8, 1987. The Penal Code, 1860 (XLV of 1860), Section 302 FIR is not a piece of substantive evidence but may be used for corroborating or contradicting the maker only. omission in the FIR of t..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......ellate Division (Civil) Present: Badrul Haider ChowdÂhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar reÂpresented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors..........s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..Category: Property Law | Date: | Hits: 32
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....ot. Since the entire gamut of P.O. 16 of 1972 had been examined thoroughly and X' Rayed by two authoritative decisions of this Court the least that can be said is that P.O. 16 is not attracted to the facts, of this case. There is no hesitation in saying that the property cannot be termed as an aband......t of BanglaÂdesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A...... respondent was not a permanent resident of BanÂgladesh on that crucial date, Article 2A will, of course, not apply to his case and he will not be a citizen of Bangladesh. Respondent has however led evidence to show that he was a permanent resident of Bangladesh on that crucial date including the u..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....in evidence in subsequent proceedings to prove the institution and subject-matter of such cause, but are generally inadmissible, even as against parties or privies, as proof of the truth of the facts stated herein. But answers and decrees in Chancery are admitÂted in peerage cases as ev......nce Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admissio......ia & Ors..... ............................Respondents Judgment July 26, 1987. The Evidence Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded as conclusive proof and ..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....s of rent. What is, however, important notice about such payments is that while granting receipts for them the plaintiff-respondent took care in giving such receipts month wise. A question is, do the facts constitute an evidence of a contract between the parties waiving the right to receive rent wit......is Case is also Reported in: 40 DLR (AD) (1988) 109 ...... with, in the case menÂtioned in clause (b) of sub-section(I) of that secÂtion, the cost of transmission referred to in that clause within the time specified in that section". 8. From the evidence it appears that the defendant-appellants have on various occasions paid rents for at a time..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....th the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not being reliable and also considering other facts and circumstances the learned Judges of the High Court Division having acquired the accused it......n (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J The State……………………Appellant Vs. Abdur Rashid Piada alias Abdur Rashid Sardar and others..............Respondents Judgment July 27, 1987. The Code of Criminal Procedure......g reliable and also considering other facts and circumstances the learned Judges of the High Court Division having acquired the accused it cannot be said that their finding is perverse or against any evidence judtifying interference………………………(5 & 6) Lawyers Involved: B. Hossain..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
.... was the admitted kabala Ext. 'Gha' in favour of Hajrat Ali executed by Hamed Ali for 40 decimals of land. Mr. Khan has submitted that there cannot be any good reason for not considering the admitted facts at least in favour of the defendants' claim for a saham. 11. In view of all the facts notic......der Chowdhury J Shahabuddin AhÂmed J M. H. RahÂman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ......eirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of oral evidence as held b..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......spondent Judgment August 18, 1987. The Code of Criminal procedure, 1898 (V of 1898), Section 339C read with Ordinance No. 37 of 1983 Time limit for trial was extended from time to time and the last date for conclusion of trial was on 30/06/1985. The order being passed on 19/03/1995 du......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....r these months No receipt was also produced to show payment of rents for March 1973 and April 1973 in time. Having regarded to the provisions of clauses I and 5 of section 18 of the Ordinance and the facts established in the case we are unable to accept the contention that the defendant-appellant is......dgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amou......rther, whether any subsequent acceptance of rent has constituted waiver is a question of fact. The plea of waiver has, therefore, to be taken at the earliest opportunity, that is, in the pleading and evidence must be given at the trial to establish waiver. 10. Plaintiff-respondent's Counsel, cit..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....33 of 1979 and Title Suit No. 320 of 1980 in the 3rd Court of Subordinate Judge, Dhaka. These will be disposed of by this judgment since these two suits were tried analogously arising out of the same facts and circumstances with different prayers in respect thereof. 2. The Dhaka Lodge Welfare Soc......s also Reported in: 40 DLR (AD) (1988) 86 ......on correspondence made between the parties in the disputed matter and other relevant papers should be taken into consideration even though those papers were submitted before the trial court after the evidence was closed and those papers thus not taken into evidence. The case is therefore sent back o..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....d by the appellant, if at all, was punishable under section 304 and not under section 302 Penal Code. The learned counsel sought to argue before us that Exception 4 to section 300 is attracted in the facts of the present case and as such the appellant ought to have been convicted for culpable homici......June 17, 1987 The Penal Code, 1860 (XLV of 1860), Section 300, Exception 4 read with the Evidence Act (I of 1872) Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the v......te the occurrence but only challenged the place and manner of the said occurrence. The defence suggestion was, however, denied. 4. The learned Additional Sessions Judge upon a consideration of the evidence convicted all the four accused including the appellant under section 302/34 Penal Code and ..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....d reason observed that it could not be held that the plaintiffs bargadar left the suit village later than in Poush 1359 B.S. It is contended that, as the appellate court did not consider the material facts and circumstances on which the trial court based its decision, the finding of fact as to the s......fzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 17, 1988. R......ng of the Court of Appeal below cannot be construed as a making of a new case. The question of limitation is a mixed question of fact and law. In this case Court of Appeal below after considering the evidence both oral and documentary came to the above finding………………………(10-12) Ca..Category: Property Law | Date: | Hits: 35
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