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Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......sequent suit; but there is no prohibition in this rule to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of proceeding, according to the established rules and practices governing amendments. If amendment does not prejud.............................Respondents Judgment May 31, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plain......his case, but it applies if a subsequent suit is sought to be filed for realisation of the ‘omitted or relinquished claim’. The learned Advocate further contends that this provision of law does not contemplate that the omitted portion of the claim cannot be realised in the same suit ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....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." ...... basis of his appointment made temporarily to the East Pakistan Civil Service (Executive) Class II after the lapse of the aforesaid period, the appellant thinks that this is not permissible. Since, according to him, the expression "temporarily" does not mean what it says but signifies ......Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he was being appointed i...... 2. The appellant filed Title Suit No. 12 of 1970 in the court of Subordinate Judge, Dhaka 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 ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....an be exercised for the purposes specified therein, namely, (a) to give effect to any order under this Code; or (b) to prevent abuse of the process of any Court or (c) otherwise to secure the ends of justice. Criminal Trial Criminal proceedings start after cognizance is taken by th......he accused persons agreed to work for him in his new venture in M/s Linker Enterprise. According to the complainant, he allowed them this facility to work for the purpose of realising his money and according to the defence it was the result of partnership arrangement and deed was executed on 26.4.......d & another...................... Respondents Judgment June 20, 1983. Result: 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 d...... another...................... Respondents Judgment June 20, 1983. Result: 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..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental sli......; 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
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. ......at such a question could be determined in a pre-emption case and, on reversing the trial court's order granting pre-emption, ordered that the case should be remanded to the trial court for disposal according to law. This order of the Subordinate Judge in appeal was challenged by a revisional app......f 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 litigation or of their lawyers……………..(5) The question of benami nature of kaba...... 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. ...... region (places.)." The Medical Officer in cross-examination stated that in postmortem examination report he noted that ribs No. 1. 3 and 4 found to be fractured through mistake but according to him actually ribs were cut, On re‑call by the prosecution, the Doctor stated tha...... Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved&nb...... 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)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......f law by depositing the rent with the rent controller subsequently, a tenant not having paid the rent to the landlord in terms of section 18(5) nor having deposited the same with the Rent Controller, according to section 19 is not entitled to claim protection from eviction. Defendant of this suit ca......suddin and others..........................Plaintiff-Appellants Vs. Aftabuddin Ahmed .........................................Defendant-Respondent Judgment May 21, 1991. Cases Referred to- Ramjan Ali Mistry 31 DLR (AD) 183; Abu Layes 29 DLR (SC) 13 & Basiruddin Ahmed 36 DLR (AD...... 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)
....ut even then, considering all aspects of the case, that Usha Rani was already suffering, that attempt was made to save her life, that she died after four days of the assault, we think, the ends of justice will be sufficiently met if the sentence is reduced to some extent. In the result, t......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. ...... Lawyers Involved: Khan Saifur Rahman, Advocate (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Crimi......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. ......ctor by 30.11.88. By order dated 19.11.88 the learned Subordinate Judge, lst court, f Dhaka converted the said Arbitration Miscellaneous IV, Case No. 63 of 1988 into Title Suit No. 350 of 1988 and accordingly a decree was drawn up making the aforesaid Award a part of the decree on 5.12.88, The a...... KM Shafi Ltd. .......................................Respondents (In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin ......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. ......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. ......st a judgment of reversal of the High Court Division, Rangpur Bench passed in Second Appeal No. 16 of 1974 setting aside the judgment and decree of the District Judge Dinajpur, dated 28.7.1973 and restoring those of the Munsif, Dinajpur passed in OC Suit No. 162 of 1969 decreeing the plaintiff's sui......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)
....asmuch as where there has been mismanagement of the case or actual perversity in decision, the High Court will interfere under section 25 of the Small Cause Courts Act to prevent miscarriage of justice or gross illegalities." 17. The sweeping character of the obse...... but on demi-papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were dearth of stamp papers at the relevant Time, such documents can be created at any time according to one's own sweet will. On evidence the learned SCC Judge found that the partnership dee......Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Ghola......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
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. ......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. ...... a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The lower appellate Court modified the tr......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. ......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. ...... Judgment February 6, 1991. Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil App......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)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......inistry 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 accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the high......s Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal ...... 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)
....d on behalf of the State except that the evidence of PWs 1, 2, 3 and 18 was wrongly discarded. But the said evidence by itself does not advance the prosecution case much. There has been no failure of justice. The appeal is thus dismissed. Mustafa Kamal, J.- I have gone through the judgment...... 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. ......sru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The appeal is dismissed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Seni......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)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. .......Plaintiff-Appellant Vs. Central Inland Water Transport Corporation Limited and another......... Defendant-Respondents Judgment March 24 1991. Cases Referred to- Mian Kamal Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs......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)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......Mohammad Ashraf Ali Molla (In both the appeals) ...............Appellant Vs. Rajeswar Ghose & others (In both the appeals) ....................Respondents Judgment October 28, 1990. Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul ......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)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. .......10.79 in favour of the appellants was without Jurisdiction and void ab initio. Upon such view of the matter the learned Judges found no reason to interfere with the impugned Order and the Rule was accordingly discharged. 17. Leave was granted to consider whether the aforesaid view taken b...... February 27, 1990. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1-3. 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)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ............Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant. Bahauddin Ahm......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. ...... 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. ......ebruary 6, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 93 of 1990. (From the Judgment and Order dated 28th October, 1990 passed by the Hig......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
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