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Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ...... selling the property, did not come forward to file written statement for contesting the suit, they also cannot challenge the validity of the document…………………..(13 & 14) The question of impleading all Shebaits does not arise as because all of them were not involved in manag......other evidence that when becoming an attesting witness, he must have fully understood what the transaction was, his attestation may support the inference that he was a consenting party. From the facts and circumstances discussed above, it would appear that respondent No. 1 (d) had consented to ..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......d the results of the two other Polling Stations 10 that those result could be added to the result to be obtained from the fresh election in the disputed Polling Station for final determination of the question at to election of Chairman of the Union Parishad. 4. This order of the Tribunal was chal......on Commissioner, (1976) 28 DLR (AD) 51 and rightly applied the. Principle enunciated therein to the instant case. 7. To appreciate the real question involved is this appeal a brief review of the facts relating to election of the disputed Centre is necessary. As has been stated above, contest be..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......he High Court Division is still more unfortunate when it was said that the result declared at the polling station "cannot be the foundation of a legal decision of the election dispute." It is not the question of legal decision of the election dispute. The question was whether the votes should be c......e election disputes are ad-hoc disputes. Each case is to be decided on its own merit. Our observation, in the case of Afzal Khan vs. Election Tribunal and another (1980) 32 DLR AD) 186 is made in the facts of that case. Because in that case recounting of ballot papers was a ''material issue” and t..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to raise this questio......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......d on short facts, namely, whether District Magistrate, Kushtia did the authentication. As, however, it appeared that he did not do so but the same was done by Additional District Magistrate, Kushtia, question arose whether District Magistrate, Kushtia as mentioned in the Act included also the Additi......M. Fazlul Hoque Miah District Magistrate Kushtia." 3. The decision as to whether the appellant had obtained the authentication of his declaration as required by law has depended on short facts, namely, whether District Magistrate, Kushtia did the authentication. As, however, it appeared..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......ision No. 22 of 1985 and in Writ Petition No. 253 of 1985. The criminal revision was heard by the Barisal Bench and the Writ petition was heard by the Dhaka Bench. Leave was granted to consider the question as to the propriety of quashing the proceeding under section 145 of the Code of Criminal ......der. In other words, once a preliminary order is passed it must run its full course. A revisional court can stop such course only in exceptional cases. What are those circumstances will depend on the facts of each case. 12. Sessions Judge, therefore, could never exercise power under section 561 A..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......order of conviction and sentence has been dismissed by the High Court Division, Rangpur Bench by judgment and order dated 12 May, 1983. 2. Leave to appeal has been granted mainly to consider the question as to whether the High Court Division was right in holding that the trial of the appellants......rgument has been concentrated mainly on that point. 3. In order to appreciate the said point it will be necessary to state at the outset the position in Jaw under which the trial was held and some facts relating to the trial. The Law Reform Ordinance 1978, (XLIX/78); here, in after referred to as..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......t related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit two particular days in a week. Both hats claimed the right to sit on Tuesday and Fridays of the week. The question which of the two hats can validly claim this right depended on determining which of them is......e Addl. Deputy Commissioner (Rev) by his order referred to above issued notice for closing of the hat. I do not find it necessary to go into details of the question as to which hat it older. The facts that the C.A. Rolls of the Tebaria hat is under preparation, if establishes that the Tebaria h..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......e decision referred to above "(31 DLR (AD) 155). In this view of the matter, the judgment of the S.C.C Judge was set aside said the rule, was made absolute. 6. Leave was granted to consider the question; (a) whether the landlord waived the agreement by accepting the rent beyond the time period......Khondker, learned Counsel, appearing for the plaintiff appellant, argued that so far as the points in clauses (a) and (b) referred to above are concerned they are questions of face and the finding of facts ought not to have been disturbed by the revisional court. In other word, whether the tenant an..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......g conclusions on whether contempt was committed by the appellant. 9. At regards the appellant's insistence to examine witnesses the learned Judges of the High Court Division observed: "The question of examining witnesses does not arise at all. The witnesses that the contemner wants to e......nished, for repeating the offence of contempt of Court, the Rule being numbered as Criminal Miscellaneous Case No. 41 of 1984. 6. Appellant, in his affidavit elated 18th March 1984, disputed the facts alleged in the complaint and submitted that if he unwillingly committed any contempt of Court ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......he High Court Division, Dhaka and Rangpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is available to a person for......ce of Mutwalli claimed by two or more parties. This he can only do after hearing them and taking such evidence as may be considered necessary and also after hearing legal arguments on both facts and law which he is supposed to interpret and apply. Though his decision has been made fi..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......ten by Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ. I concur with the decision of Badrul Haider Chowdhury, J. Badrul Haider Chowdhury J.-This appeal by special leave raises an important question of public importance namely whether the principle of acknowledgement of sonship under t......, which he failed to discharge. The Courts below, including the High Court Division, wrongly placed the onus of proof upon the defendant. In that view of the matter, the concurrent findings of facts are no findings in the eye of law and should be interfered within the interest of justice in ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......on 97 of the Code of Civil Procedure and submitted that the courts below have correctly refused to emend the decree since no appeal had been filed against the preliminary decree. Since an important question of law has been raised we allowed the learned Advocate to address the Court folly as it w......sions laid down the proposition that when no appeal is filed against preliminary decree, the same cannot be challenged after the final decree. These two decisions have no manner of application in the facts of the present case. 14. The Code defines decree in section 2 (2) which conclusively determ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......eemed to have equated issuance of notice with service of notice. 8. Mr. M H. Khondker, Counsel for the defendant respondent, submitted that this was not a case of mistaken identity as the lands in question are actually included in Mahal No. 5 Tafur Ali, one of the recorded tenants being Tafur A......t. Point merits consideration" Prior to making his submissions on points of law raised in this appeal Syed Ishtiaq Ahmed, Counsel for the plaintiff-appellants, made pointed reference to the facts of the case. According to him, the facts involved would show that this was a case of mistake..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......ire operation. Welfare of the boy would be best served if he was allowed to live with his mother's relations besides examining the appellant and respondent Nos. 1 and 4 the boy was also asked several questions by the Court. On hearing the case and on consideration of the evidence the learned Distric......o determine the entitlement of a party to the Hijanat is not limited to mere observance of age rule so as to exclude the consideration of the interest of the child which would, however, depend on the facts and circumstances of a given case. 11. Rules of hizanat as formulated in Islamic Law find..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......1872), section 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlo......Court. 5. Mr. Asrarul Hossain, learned Advocate for the appellant, has seriously assailed the decision of the learned Single Judge, particularly his interference in revision with the finding of facts arrived at by the lower Appellate Court on the question whether the respondents were tenan..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......ot convincing. Firstly, P. O. No. 90 of 1972 has no manner of application, because the plaintiff has not challenged the acquisition of any property under the State Acquisition and Tenancy Act nor the question of adverse possession arises here though in framing the suit he took the plea for his tenan......Division, in Civil Revision, affirmed the judgment of the appellate court below. Leave was granted to consider whether the plea of adverse possession could be taken against the Government in the facts and circumstance of the case. 6. Mr. Boktear Hossain, Advocate-on-Record, appearing for the..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......ed by the High Court Division, Dhaka, in Civil Revision No. 525 of 1980.) Judgment Shahabuddin Ahmed J.—In this appeal by special leave, at the instance of the Government of Bangladesh, the question is whether the High Court Division correctly held that the respondent an employee of the La......les of the respondent and other employees of the bank, it was pointed out were prescribed by the government and these pay-scales have been brought in line with the National Pay-scales. From all these facts, the learned Advocate contends that the respondent was a government servant. 6. The learn..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... of the deceased. Deceased Nurul Islam had married Santusti Begum, daughter of accused Mujaffar Ali of village Dudhiagacha, 4 miles from the informant's house, about 1 ½ years before the incident in question. On a dispute about payment of dowry accused Mujaffar Ali did not allow his daughter to go ......ss provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on the prose..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......er section 115, C.P.C. in the High Court Division, Dhaka, being Civil Revision No. 412 of 1983 contending, inter alia, that the provision of section 10, C.P C. had no manner of application to toe facts and circumstances of the case. By its judgment and order dated 9th July 1984 the learned Judge..Category: Banking Law | Date: | Hits: 121
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