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Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......section 202 may implicate persons not named before the Investigation Officer. Magistrate taking cognizance of the case on the report made under section 202 Cr.P.C. is not competent to go into the question whether the accused has been implicated out of enmity. This shall be a matter for the Court......ous order of dismissal was manifestly illegal or unjust, or it caused miscarriage of justice or it was passed on incomplete record or on misunderstanding of the nature of the complaint or where new facts, which could not, with reasonable diligence, have been brought on record in the previous p..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......und fault with the plaintiff on certain points which could easily be clarified, had the petitioner been represented at the hearing by an advocate. For instance, the High Court Division questioned the genuineness of the Bainapatra and the signature thereof and concluded "so from ...... premises as an abandoned property though his prayer was rejected which prompted him to file this suit. 12. The trial court decreed the suit on evidence and the decision primarily rests on facts. In reversing the judgment of the trial Court, the High Court Division unfortunately could no..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......ment and decree dated 2.6.82 passed by the High Court Division in S.A. No. 894 of 1968.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question raised is whether the appellant is a "non-agricultural tenant" within the meanin......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......s a Magistrate under section 145 of the Code of Criminal Procedure, to physically oust a person in possession of the disputed premises, during the pendency of such proceeding. In the facts and circumstances of the case there is no illegality in quashing the impugned proceeding in ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......idering whether the consideration mentioned in the document Ext. 2-2(b) actually passed or possession of the land was delivered which are immaterial and have nothing to do in determining the real question at issue. He further argues that the learned Sessions Judge erred in acquitting the accused......able and non compoundable but the State has not moved against the order of acquittal passed by the lower appellate Court. Further lower appellate Court as a first Court of appeal and final Court of facts has decided the case on consideration of the evidence on record. This Court in its revisional ..Category: Anti-Corruption Laws | Date: | Hits: 112
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. ......e entertained as the plaintiff "shall not afterwards sue in respect of the portion so omitted or relinquished " A Division Bench of the Calcutta High Court which considered this question on a revisional application, rejected the defendant's contention holding that the provisio......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. ..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." ......rarily to East Pakistan Civil Service Class II cadre. He was reverted to the post of District Kanungo after seven years of service. The reversion was made, without serving any notice upon him. The question was raised as to whether the order of reversion amounted to reduction in rank, his appoint......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 facts stated in the plaint. He joined service as Inspector in the Department of Civil Supplies unde..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... the dispute and such adjudication is to be performed in accordance with the laws of the country and the rules of procedure………………….(6) Civil and criminal liability The question is whether it is a civil liability or criminal offence depends upon facts, whether the comp......laws of the country and the rules of procedure………………….(6) Civil and criminal liability The question is whether it is a civil liability or criminal offence depends upon facts, whether the complainant in parting with his …. Acted on the representation of the accused a..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. ......; 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......imity of decision of the Courts of sub-continent that a dispute relating to an execution can be reopened even after the decree has been executed". This observation is not supported by recorded facts. 11. On consideration of these two sets of views, we are inclined to the view t..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....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. ......of on 13.1.61. Thereafter on 12.6.69 Money Execution Case No. 14 of 1969 was filed to execute the Money decree Dated 23.12.58. An application under section 47 of the Code was filed calling in question the executability of the Money decree passed in Money Suit No. 7 of 1955. Miscellaneous Ca......— This appeal by special leave is directed against the judgment and order passed by the High Court Division in dismissing the appeal being F. M. A. No. 385 of 1979 summarily. 2. The facts areas follows: The plaintiff appellant filed Money Suit No. 7 of 1955 in the 1st Court of Sub..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. ......diction 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 pre-emption is claimed can not be gone int......no actual transfer took place that the question of benami nature of transaction could be considered in a proceeding for pre-emption under section 26F of the Bengal Tenancy Act. In the instant case, facts are altogether different. Here we find two kabalas in respect of the same land. The earlier on..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. ......d that she was art interested witness and was a minor girl aged about 16 years. Even the law provides that a child witness can be relied if he/she is capable of understanding and replying the question intelligently. Thus, this argument of Mr. Korban Ali is very difficult to accept. &nb......mportance to the, evidence of the Medical Officer which was inconsistent with the oral evidence of this eye witness with regard to the alleged injuries caused by the appellant and that whether the facts and circumstances of the case calls for awarding the capital punishment. 5. In this c..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....... September, 1990 to July 1982 and thereafter under Misc Case No. 202/82 he started depositing in favour of the plaintiffs since August, 1982 and since then has been depositing the rent regularly. The question which should have been asked by the learned Judge of the High Court Division is whether in ......below was reversed and the 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 Cont..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......nbsp; Mustafa Kamal J.- This appeal by special leave by the landlord-appellants is confined to the consideration of a simple question, namely, whether the High Court Division was correct in interpreting proviso (c) to sub-se...... were required for the purpose of rebuilding. The plaintiff-appellant was not required to state in the plaint as to what proof he had with regard to the requirement of rebuilding. A plaint contains facts, not proof. 15. On both counts, namely, (a) bonafide requirement for his person..Category: Property Law | Date: | Hits: 26
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. ...... It has therefore fallen on us to consider whether the conviction as recorded was justified or whether the appellant was liable to be punished under the second part of section 304. 15. The question is whether the assault by the appellant upon Usha Rani was done with the intention (of ca......ted 9 November, 1987, dismissed the same but reduced the sentence under section 201 Penal Code to 3 (three) years. 2. Leave to appeal was granted to consider the only contention that in the facts and circumstances of the case, it is the second part of section 304 under which the appellant..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. ......l within the meaning of section 2(b) of the Arbitration Act. The appellants' plaint was rejected by the High Court Division in consideration of section 32 of the Arbitration Act but as the Memo. in question was not an award at all, section 32 has no application and the plaint of Title Suit No. 37...... the parties were not formally heard, but the nature of exercise leaves no room for doubt that the High Court Division's order was substantially complied with. After having applied his mind to the facts of the case the Superintending Engineer came to a clear decision that the amount determined b..Category: Others | Date: | Hits: 88
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. ......p; Mustafa Kamal J.- Leave was granted to the landlord-plaintiff-appellant in this appeal to consider the simple question whether the High Court Division exceeded its revisional jurisdiction under section 25 of t......of the High Court Division, Rangpur Session, by his judgment and order dated 24.8.87 reversed those of the learned SCC Judge on the ground that those are not based on evidence but on inference from facts which were not proved. 4. The suit premises is a shop room measuri..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. ......s". Thus the lawyer's concession appears to be in the nature of an assurance to the Court in coming to a decision to which it was already inclined. 12. It is well‑settled that on questions of fact parties are bound by admissions made by their lawyers whether made in the course ...... not be affected by any decision of the suit. 10. We have already summarised the relevant findings of the appellate Court below. It appears that the appellate Court below took some selective facts into consideration and thereafter fell back upon the concession made by the lawyer of the pla..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......se and the participation of the accused persons seems doubtful and suffers from inherent infirmities. In the confessional statement Abid Ali though has implicated himself, the learned Judges in the facts of [fie case did not consider the confessional statement to be true. There being no corrobor..Category: Criminal Law | Date: | Hits: 49
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