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SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ....... 3. Leave was granted to consider whether on the allegations as made in the petition of complaint any prima facie criminal offence has been made out or the allegations, if any, come within the purview of civil liability, on the view that it amounts to a breach of contract. 4. From a perusal o..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......ng in rule 2 Or. XIII, the words "unless good cause is shown for non-production" the legislature was emphasizing the need of considering the reason for non-production with a view to deciding whether the document may not be fabricated and did not intend to provide that the..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......1990 passed by the High Court Division Dhaka in Writ Petition No. 773 of 1989). Judgment MH Rahman J.- These three certificated appeals call for determination of a common question whether in view of clause (5) of Article 102 of the Constitution a writ petition is maintainable against the ju..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....rds. The courts below although found that the defendants were in possession of the suit land from before by growing boro paddy etc, their possession was held to be not adverse mainly because of an erroneous assumption that there ought to have been evidence to show that the shebait knew about the......trine of "the tenant stealing for the landlord" and as such the co‑sharer deity was in constructive possession of the suit land through its co‑sharer landlords and further in view of the fact that the defendants paid rent to the shebait (PW 4) for 1360 BS to 1367 BS there c..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......so no declaration and verification. He submits that lower appellate Court did not commit any error of law in coming to a finding that there was no service of summons upon the appellant, keeping in view the mandatory provisions of order V, rules 16 and 18 CPC Secondly, he submits, the lower appel..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....en statement does not make the question of Benami a material question for the purpose of framing an issue at the appellate stage. Consequently, the lower appellate Courts judgment on this point is erroneous and not sustainable in law. 28. I may mention that in the four‑corners of th......tice of Government that in some areas the land‑holders were selling out or otherwise transferring all kinds of lands including waste lands in their khas possession on a large scale with a view to get a greater benefit out of the provisions of the East Bengal State Acquisition and Tenan..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rt of fact (Additional District Judge) found that it was futile to say that the plaintiff had no properties at Murshidabad. There is no good reason to think that the said finding was for any reason erroneous or untenable. Therefore, it cannot be said that the learned Judge of the High Court Divi......ove her title to the Murshidabad property the deed of exchange cannot be said to be invalid and that it is not necessary to decide whether the plaintiff had title to those properties. Being of such view the High Court Division did not think it necessary to consider the aforesaid documents. ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......ppellate court below has not differed with the trial Court that Rs. 200/‑ was an inadequate consideration for the suit land at the time of execution of Ext. 1, but taking a strange and uncalled for view that Isobullah was not in a position to command the actual market value at that time, this test..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......R 191 (Cal) 983, that the case be remanded for reconsideration on the point of limitation upon appraisal of necessary facts. 16. We do not think that there is any scope for remand as prayed for in view of the clear finding made by the trial Court that nothing had been filed by the plaintiff to sh..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......y be cited. At one place it has been stated. "Therefore, the whole question centres round the ownership of the cement in question as alleged by the respondent Nos. 1 and 3, but, in our view, these respondent Nos. 1 and 3 have no locus standi to question the bill of lading. Only the r..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......‘emptor was offered the sale of the case land by the sellers. It is the finding of the trial Court that the pre‑emptor had full knowledge of the improvements made by the pre‑emptees. .... In that view of the matter I cannot help the conclusion that the trial court in effect found a case of acqui..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ven by a party who has been unsuccessful in revision before the Sessions Judge. On merit he submitted that the learned Magistrate having decided the question of "actual possession" on the erroneous basis of the first party's right to possess the disputed land as the owner which was in ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......llah made the gift in favour of the plaintiff 6/7 years before his death. Thus at the time of gift the plaintiff was a minor baby aged about 12 years and lived in joint mess with donor Keramat. In view of the admitted position that plaintiff was a minor at the time of the gift, we are to consid..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ...... the mere asking and overlooking completely the background of recording additional evidence running over nearly a decade since 12.8.77. Considering all aspects of the matters, we are of the view that the High Court Division did not act quite judiciously and properly in the circumstances o..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ...... Procedure Code. Another Division Bench, in different contexts, in Bangladesh Fishermen's Co‑operative Ltd. 27 DLR 367 and in Management Board, AR Howlader Jute Mills Ltd. 28 DLR 369, held the view that Labour Court is not a civil court. 5. After considering 19 DLR (Dac) 612 and 29 DLR 148..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......of 1976, for the same cause of action and in that the plaint suit was rejected on 9th June, 1978 for not depositing the deficit court‑fees. An application under section 151 of the Code for review of that order being rejected, the appellant filed a revisional application before the High Cou..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... the proceedings of every case tried and disposed of at any time before the commencing day by a Special Martial Law Court or a Special Martial Law Tribunal shall, after the commencing day, be reviewed by the Government, hereinafter referred to as the reviewing authority as if the said Martia..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......ther the High Court Division was well-founded in treating the evidence of PWs 1 and 5 as "corroborative evidence" to the retracted confession of co‑accused Ezahar Ali. 7. In view of the leave granted by us, the primary consideration will be to judge the substantive evidenc..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... respondent No. 1 shall pay an increased sum of Tk. 1,000.00 including Tk. 400.00 as compensatory costs to the plaintiff‑appellants within one month. Leave was granted to consider whether in view of the conduct of the defendants, which is negligent at all stages, and in view of an absence ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......he appellants who were witnesses in the earlier Jagannathpur Police Station Case No. 3 dated 7.10.89 involving them in the murder of Nurul Islam. 3. Leave was granted to consider whether in view of the fact that there is no allegation in the First Information Report and also in the statem..Category: Criminal Law | Date: | Hits: 60
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