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Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......n Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back......ocument of the defendant was registered by the vendor. Hence it is the defendant's document that will prevail on the plaintiff’s document and the defendant is in possession which was established on evidence. A document that has been registered relates back to the date of its execution and when the..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....dhury J.-I regret that I could not subscribe to the view expressed in the judgment by my learned brother S. Ahmed, J. 2. Facts are given in the judgment, hence it is not necessary to elaborate the facts. In a criminal prosecution F.I.R. is an important piece of material. In the given case informa......40 DLR (AD) (1988) 69 ...... as to the commission of an offence may be delayed. Delay raises doubt about the truth of the allegation; but it is for the prosecution to prove their case beyond reasonable doubt by adducing all the evidences at their disposal: whether such evidence can be relied upon is a matter which will be cons..Category: Criminal Law | Date: | Hits: 46
....ding that balance of convenience lies in favour of the appellant and that he is the highest bidder; this finding is immune from interference in revision by the High Court Division. But in view of the facts discussed above we find that the very basis of the finding of the two courts below is a miscon......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right......t be considered along with the comparative statement (Annexure 'D') which contains appellant's signature and quotation at Tk.2.35 crores and this is a matter which can be decided during trial only on evidence, and as such, we refrain from making any observation thereon. In view of this position Mr. ..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
.... order. The power of passing an order rescinding or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result of cancellation of the notifica...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....f their tormentors and then coming back to the witness box to depose at length as to how they had hoodwinked their enemies. The evidence has confirmed the suspicion in the prosecution case. The broad facts of the case should have put the learned judges of the High Court Division on guard against acc......d. This Case is also Reported in: 40 DLR (AD) (1988) 38. ...... and his companions having gone back home peacefully from the clutches of their tormentors and then coming back to the witness box to depose at length as to how they had hoodwinked their enemies. The evidence has confirmed the suspicion in the prosecution case. The broad facts of the case should hav..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....tant Custodian and whether the Custodian could take possession of any ejmali land of which the appellant was in possession as a co-sharer without partition of the said land. 35. In this setting of facts the Appellate Division came to the conclusion that as a co-owner of an undivided share of the ......d in: 40 DLR (AD) (1988) 23. ...... of the Bainapatra and therefore the suit was not time-barred. The High Court Division repelled the contention as to the nature of the property whether it was stridhan or not inasmuch as there was no evidence as to when Hemnalini acquired the property. The learned Judges considered that prime questi..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....ection and preparation of inventory without giving any notice to the parties. The appellants failed to spell out their apprehension that impugned order would cause great inconvenience to them. In the facts and circumstances of the case the High Court Division correctly refused to interfere with the ...... 40 DLR (AD) (1988) 20 ...... the Code was not attracted. 7. In the Institution of Engineers V. Bishu Pada AIR 1978 Cal. 296 it was held that under Order 39, rule 7 no commissioner can be issued for the purpose of fishing out evidence for a party to the suit. 8. Let us now turn to some other decisions. 9. In Amjad Ali ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....t the appellant is party to a contract for some work to be done for the same Upazilla Parishad and has otherwise pecuniary interest in the affairs of the Parishad; the petition pointed out that these facts constitute disqualifications for holding such an office as specifically described in section 6......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismiss....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....e homicide not amounting to murder. If death is likely to result from the injuries it is culpable homicide not amounting to murder; and if death is the most likely result, then it is murder. From the facts and circumstances of the case we think that the criminal acts of the accused-respondents which......ate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State....................................Appellant Vs. Tayeb Ali and others…………………...Respondents Judgment March 31, 1987. Result: The conv....... The respondents and two others were put on trial on a charge of murder committed by them in furtherance of their common intention. They pleaded not guilty to the charge. But on consideration of the evidence of a great number of witnesses including the expert evidence of a doctor, the Sessions Judg..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
.... be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties. Considering the facts of this case the opinion is that the defendant had made out a case of waiver and acquiescence ......Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this c...... 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....spondent for re-counting of votes. Mr. Khan is obviously conscious of the findings made by the Tribunal in this behalf which read as follows: “In the above circumstances and facts the recounting by the Tribunal is not illegal and irregular, since the counting of the vot......m) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revi......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 recounting of ballots at the T..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....s own on a question of fact, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record. After all, every case must be decided on the facts and circumstances of that case keeping in view these broad principles. 7. In the insta......f 1978.) Judgment: A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court Divisi......in the suit land who taking advantage of the wrong record during S. A. operation filed this suit with a view to grab the suit property. 4. The learned Munsif upon a consideration of the evidence found that Radha Prasanna Biswas got the suit land by settlement from Nabin Chandra M..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... courts below to deal with this contention and notwithstanding the numerous decisions that had been given on the enemy property; it is unfortunate that the courts below did not apply the law in the facts of this case. Long line of decisions are to the effect that a notice must be served upon this ......Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea......alleged deed of gift Ext.1, inasmuch as, "the alleged executants made contradictory statements in respect of their very possession" and further the plaintiff failed to produce "vital and harmonious evidence with regard to the circumstances of the preparation of the gift deed.” Next it was cons..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....rt's finding that PWs. were not clean people was a legal inference from the false and untrue statements of the witnesses. 10. In this case the plaintiff himself could not give the material facts relating to the disputed contract, the year of the alleged contract, the description or ......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J A. T. M. Afzal J Sudhir Chandra Sil & anr…………………………&......to the genuineness of the disputed agreement to sell. 8. The plaintiff-respondent contends as the appellate Court's decision was based on suppositions without a correct construction of the evidence on record the High Court Division correctly interfered in the matter. In support of his co..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....bdul Malek a Senior Advocate voluntarily offered his service to appear and conduct the case on behalf of the appellant and also as amicus curiae. 9. Mr. Abdul Malek fairly placed the facts of the case and then placed the scheme of Order 32 of the Civil Procedure Code and pointed ou...... A. T. M Afzal J Kalitara Biswas………………………………….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. L...... accordingly rejected it with a direction that the original suit be proceeded with. The learned Munsif found that in the so-called solenama nothing was mentioned about any consideration but in the evidence the defendants took the stand that they paid Tk. 5,000/- as consideration of the compromis..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
.... re-enacted law, namely, the Medicinal and Toilet Preparations (Excise Duty) Act in view of section 8(1) of the General Clauses Act. 10. Facts of that Indian case are found to be similar to the facts of the instant case and it is found that the High Court Division has correctly construed tha......1963 SC 1561; State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641; Emperor v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Law......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....ded that the winding-up petition was filed to put pressure upon the company to satisfy the respondent's false claim. The learned Counsel for the appellants has contended that in view of these facts and materials the Company Judge ought to have held that there was a bonafide dispute as to th...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both th......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....ked up the torchlight of Elias which fell down being struck by his lathi and that it was recovered from him when he was caught by Toyeb and others. This statement, in details, fully agrees with the facts established by evidence of the witnesses on dock, It may also be mentioned that Ayub Ali, th......Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 (From the Judgment and order dated 11.2. 86 passed by the High Court Division, Circuit Bench, Jessore, in Death Refer......e the Additional Sessions Judge. 3. The prosecution examined 19 witnesses and tendered 7 witnesses; defence did not examine any witness. Motive for the murder as given by the prosecution in evidence originated from the unhappy relationship between the deceased, Elias and his first wi..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....aised regarding the appearance of the Government in the present case and earlier stages loses all importance. I need not, therefore, consider the point so raised. Whether, having regard to the facts of the case, Government should allow the decree to be executed against the impugned property ......hman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appellant Vs Assistant Custodian, Vested and Non-Resident Property, Chittagong and others .............................Respondents ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....t none of the grounds upon which the learned judges have purported to acquit is at all supportable, the Supreme Court will be reluctant to interfere even though upon the evidence on record and the facts and circumstances of the case it might well have come to different conclusion if it was ......hmed J M. H. Rahman J A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents Judgment Ma......ement acquitted them all. Being dissatisfied with the acquittal the State has come before us in appeal on leave granted by us to consider whether the acquittal is warranted in view of the evidence and attending circumstances against the accused. I agree with my learned brother that..Category: Criminal Law | Date: | Hits: 46
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