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Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
.... pre-empt them all. 2. This arises from Misc. Case No.159 of 1965 in the 2nd Court of Munsif, Satkania. It was filed by the pre-emptor-respondent claiming pre-emption of 4 out of 5 schedules of land transferred to the appellants under a registered kabala dated 30 September 1965 by his co‑sha......Niranjan Chowdhury and another ………Respondents Judgment November 1, 1990. Result: The Appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring parti......same kabala although he is a co‑sharer in all the five holdings and as such is entitled to pre‑empt them all. The expression "a portion or a share of a holding transferred" means that the co‑sharer, by pre‑empting the portion/share transferred to a stranger, he will keep in t......ion of four out of five holdings, transferred under the same kabala although he is a co‑sharer in all the five holdings and as such is entitled to pre‑empt them all. The expression "a portion or a share of a holding transferred" means that the co‑sharer, by pre‑empting the po..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... had, however, contented that the case against them was a mere counter-blast to a criminal proceeding under section 144 Cr.P.C filed by them against the complainant (appellant) in respect of the same land in which they claimed title and possession. The Village Court, by a unanimous decision dated 16......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Mobarak Ali .............................................Appellant Vs. Mohammad Yeasin Mazumder and others................Respondent Judgment August 29, 1990. Result......ejected when question of jurisdiction of the Village Court was raised in the plaint without determining the truths of allegations by taking evidence On the face of the allegation in the plaint that the plaintiffs respondents did not nominate their representatives in the Village Court the plain......Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 42 DLR (AD) 137, Secretary of State Vs. Mask and Co., 44 CWN 709. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him), instructed by Sajjadul Huq, Advocate-on-Record-For t..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
.... pledge, and there is no possible chance of a profit being made or its business carried out. Cases Referred to- The Punjab Flying Club Limited AIR (1933) Lah, 301; Halsbury's Laws of England Vol. V. Page 397; Haven Cold Mining Co. (1982) 20 Ch. D 151 & Re, Taldua Rubber Co. Ltd. (1...... Judgment August 29, 1990. Result: The appeal is allowed. The Companies Act, 1913- Section 162 Clause (vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal...... Act. 2. The appellant Bank filed the aforesaid application before the Company Judge on 1.11.1982 being Matter No. 29 of 1982 for winding up of the respondent No.1 Company alleging, inter alia, that it is Private Limited Company having its registered office at 82, Motijheel Commercial Area and ...... 1990. Result: The appeal is allowed. The Companies Act, 1913- Section 162 Clause (vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order to..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....ate Judge, Dhaka against the appellants, who are defendant Nos.1 and 3‑6, Afroza Begum (defendant No.2) and the Government (defendant No.7) for specific performance of contract for sale of the suit land. The plaintiff alleged that defendant Nos.1‑6 as heirs of late Md. Hossain Bhuiyan inherited ......nbsp; The Code of Civil Procedure, 1908; Order 41 Rule 4 and 20 Whether the provision of rule 4 of Order 41 of the Code of Civil Procedure can be applied when the non‑appealing defendant has not been impleaded in the appeal at all and is not before the Appellate Court. The language ...... non‑appealing defendant has not been impleaded in the appeal at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction in the sense that the appeal filed by some of the defendants will be treated to be an appeal on behalf of all the ......le 4 and 20 Whether the provision of rule 4 of Order 41 of the Code of Civil Procedure can be applied when the non‑appealing defendant has not been impleaded in the appeal at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
.... of 1989 under section 323/427/379 of the Penal Code acquitting the accused respondents. 2. Over the same set of incident on 21.2,1989 the accused respondents alleged to have trespassed into the land of the appellant by forming an unlawful assembly and by breaking out kutcha shop house, removed......Rahman & others .......................Accused Respondents Judgment August 21, 1990. Result: The appeal is allowed. It is a well settled principle of criminal trial that case and counter-case over the self-same occurrence are to be tried by the same court in accordance w......idur Rahman & others .......................Accused Respondents Judgment August 21, 1990. Result: The appeal is allowed. It is a well settled principle of criminal trial that case and counter-case over the self-same occurrence are to be tried by the same court in accorda......, 1990. Result: The appeal is allowed. It is a well settled principle of criminal trial that case and counter-case over the self-same occurrence are to be tried by the same court in accordance with law one after another and the judgment is to be pronounced in both the cases on the sam..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
.... husband and they came to know from the village people that his name was Waziar. The wives suspected Waziar for the death of Swarup Moral who had a dispute with his step brother-in-law Yasin over the land belonging to his mother-in-law, the mother of his first wife. P.W.1 suspected that his step bro......m the testimony of a witness the Court, particularly the Trial Court, must consider the statements made in chief and those made in cross by putting them in juxtaposition and see whether that witness has stood the test or supplied his own refutation- Had the prosecution case been based solely on ocul......inference from the testimony of a witness the Court, particularly the Trial Court, must consider the statements made in chief and those made in cross by putting them in juxtaposition and see whether that witness has stood the test or supplied his own refutation- Had the prosecution case been based s......DLR (AD) (1991) 25. ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
.... the Special Tribunal at one trial whereas the Tribunal was constituted only to try cases mentioned in the schedule of the Special Powers Act and not for offences under the ordinary penal laws of the land." 20. The above decisions were referred to me at the time of deciding Criminal Appeal No. 47...... from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......ons Judge and Special Tribunal, Narayanganj in Special Tribunal Case No. 1 of 1987. 2. The prosecution case as given by informant Mahibul Islam constable No. 605 at Tan Bazar Police out‑post is that on 8.10.86 he along with constable No. 769 Md. Shamsul Alam (PW 2) and others went out on patrol......pondent. Judgment August 15, 1990. Cases Referred to- 31 DLR 174, 33 DLR 203, 35 DLR 127. Lawyers Involved: MA Wahab Miah with Ashrafuddin Ahmed, Momtajuddin Fakir, Advocates – For the Appellant. Ghazi Abdul Mannan, Assistant Attorney General with JK Paul, Advocate‑ For th..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
.... It was alleged therein that on the previous day at about 5‑00 PM accused No.1 and his men (other respondents), variously armed, attacked him and his labourers when they were cutting earth from his land comprising Plot No.1850. This land is adjacent to the homestead of accused No.1. They assaulted....... Md. Wahidullah, Advocate-on-Record- For Respondent No.16. Ex parte - Respondent Nos. 9-10 & 13-15. Criminal Appeal No.17 of 1987. (From the judgment and order dated 3.11.1985 passed by the High Court Division, Barisal Bench, in Criminal Revision No.46 of 1985). Judgment...... Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused are either so frivolous, absurd...... August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused are ei..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....cts of the present case. The High Court Division found that appellant Nos. 1 and 2 have not made any specific averments to the effect that they are directly interested in any manner in the suit land. They are not claiming through the defendants of the present suit. They have set up an independ......90. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order I Rule 10 Whether the appellants are not necessary parties in the facts of the present case. The High Court Division found that appellant Nos. 1 and 2 have not made any specific aver......sed. The Code of Civil Procedure, 1908 (V of 1908), Order I Rule 10 Whether the appellants are not necessary parties in the facts of the present case. The High Court Division found that appellant Nos. 1 and 2 have not made any specific averments to the effect that they are directly......ly interested in any manner in the suit land. They are not claiming through the defendants of the present suit. They have set up an independent title of their own. Their averments in the application for addition of party disentitle them to be included within the framework of the present suit. That w..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... Abdul Hakim, P.W.1, evidently did not hear the row and lie had to be informed by PWs 2 and 3. The other reasons for disbelieving P.Ws.2 and 3 were that they could not Say 01C description 01' the land wherefrom the victim was dragged away and that the Doctor did not find my abrasion on the dead ............................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The impugned judgment and order are set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 When Appellate Divis......hey used to live in separate houses in the same village. P.W.1 Abdur Rab Talukder was the informant in this case but he is not an eye‑witness of the occurrence. He, however, stated in his evidence that on Saturday, the 4th Sraban, 1386 BS corresponding to 21.7.70 his brother Abdul Hakim went to Pa......tate................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The impugned judgment and order are set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 When A..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
..... 3. The plaint case is that the said deceased Siraj Miah, the eldest brother of appellant No. 1, had hotel/restaurant business in UK and with the earnings in the said business he purchased the land in Sylhet town and constructed building thereon. Thereafter, deceased Siraj Miah started hotel ...... The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will not change the nature and character of the suit at all, nor will it widen t......hanges the complexion of the suit. The Companies Act, 1913, Section 38 Although section 38 of the Companies Act empowers the Company Court to rectify share register, it is well‑settled that a suit is not barred thereby, especially when detailed evidence is to be taken to settle issue o...... Judgment August 5, 1990. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....al of this appeal is that, the plaintiffs‑respondents obtained a decree in Title Suit No. 73 of 1980 from the Court of 3rd Subordinate Judge, Comilla on 6.7.81. The plaintiffs' tide to the suit land was decreed and their possession was also confirmed except the land in plot No. 255 was to be r......of 1926); Section 3 Whether evidence is to be recorded in deciding the question of Contempt of Court in the absence of denial of allegations There being no specific denial of the incident as alleged by the respondents in their petition for issuing a Rule for contempt of Court the learned...... simple imprisonment for 3 days and appellant Nos. 2, 3 and 4 were further sentenced to pay a fine of Tk.500/‑ in default to suffer simple imprisonment for 3 days more each. 2. The short fact that will be necessary for disposal of this appeal is that, the plaintiffs‑respondents obtained a d......rs ............Respondent Judgment July 30, 1990. Result: The appeal is dismissed. The Contempt of Court Act, 1926 (XII of 1926); Section 3 Whether evidence is to be recorded in deciding the question of Contempt of Court in the absence of denial of allegations Th..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
.... Mymensingh long before the winding up order passed on 28.3.56 by the High Court. In the aforesaid certificate proceeding the sale was held on 10.2.65 and this defendant No. 3 auction‑purchased the land with structure being Municipal Holding No. 5 Machua Bazar, Mymensingh at a highest bid of Tk. 4...... costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......ion
(Original Civil Jurisdiction)
Present:
Md. Mozammel Hoque J
Official Liquidator, East Bengal Commercial Bank Ltd. (In Liquidation)…......Plaintiff Petitioner
Vs.
Mrs. Jahura Khatun & others...................................................Defendants-Opposite Parties.
......as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....n opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge sheet prosecution can not be...... July 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to give an opportunity to adduc......months each for their conviction under section 379 of the Penal Code. No separate sentence was passed for their conviction under sections 447/427 of the Penal Code. 3. The prosecution case is that 0.05 acres of land of plot No. 702 of Rajarbag mouza appertaining to holding No. 99/C, Purba Bas..........Respondent Judgment July 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....lved as the evidence on record was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to them on their deposit......dibility, trustworthiness, etc, of witnesses are matters pertaining to the domain of appreciation of evidence, a special preserve of the Trial Court and the first Appellate Court and once the option has been exercised by the Courts below by accepting the evidence of certain witnesses apparently upon......med CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Attor Mia and another............................................Appellants Vs. Mst. Mahmuda Khaton Chowdhury and others...........Respondents Judgment July 22, 1990. Result: ......1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....nto consideration in determining the character of the possession – Use of the word ‘Dakhalkar’ in the C.S. Record is not conclusive. The subsequent history of possession of the suit land and other attendant circumstances admit of an inference that the tenancy was of a permanent ten...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Rahima Khatun (Mst) & others.............Appellants Vs. Daily Rani Dasi..............................Respondent Judgment July 17, 1990. Result: T...... (AD) (1991) 55. .............Respondent Judgment July 17, 1990. Result: The appeal is dismissed. The Bengal Tenancy Act, 1885, Section 103B Whether entry of a person’s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a te..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
.... share of 2 annas 6 gondas 2 Karas 2 karanti share of Syed Wazed Ali Azam in the suit plot, in favour of the plaintiff. 3. Admittedly one Syed Md. Ali Azam was the original owner of the disputed land who died leaving several heirs including a son named Syed Wazed Ali Azam, the plaintiffs vendor......adesh, 1972, Article 105 Review of judgment when justified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which an error has crept in the judgme......he People's Republic of Bangladesh, 1972, Article 105 Review of judgment when justified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any particular statutory provision of law for which...... are dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 105 Review of judgment when justified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any parti..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under secti...... The State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express powe......is awarded. Anwar Hossain Khan Vs. The State 22 DLR 244. ....... (5) Where an accused has appealed against the sentence of imprisonment and fine and before the appeal comes for hearing he dies, that part of the appeal which relates to the sentence of imprisonment shall abate on the death of the......e State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surp..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....h Subordinate Judge and Arbitrator, Dhaka in Land Acquisition cases under the Emergency Requisition of Property Act, 1948. 3. The relevant facts of these two appeals are that the appellants' lands were acquired by the Government under the Emergency Requisition of Property Act, 1948. The app......imitation Act, 1908 (IX of 1908), Sections 5 & 29(2) Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope of section 5 of the Limitation Act to...... Limitation Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain reading of sub‑section (2) of section 29 clearly shows that section 5 has no applicati......eal No.13 of 1990) Md. Ishaque……………….....................Appellant Vs. The Government of Bangladesh represented by the Land Acquisition Collector, Dhaka….. Respondent (In Civil Appeal No.14 of 1990) Abdur Rob……&hellip..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....in Revision remanding the case to the Trial Court for re-trial. 2. Appellants filed Title Suit No.27 of 1981 in the Court of Subordinate Judge, Sylhet for declaration of their title to the suit land on the basis of settlement from the landlords, by continuous possession and payment of rent. De..........................Respondents Judgment June 6, 1990. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent ......eir title to the suit land on the basis of settlement from the landlords, by continuous possession and payment of rent. Defendants’ respondents challenged the settlement. The trial Court found that the plaintiffs could not satisfactorily prove their title but they proved their possession on th........Respondents Judgment June 6, 1990. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑trial when there was concurrent finding of the two..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
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