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Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......ent: AM Mahmudur Rahman J Jalaluddin Ahmed Chowdhury……………... Appellant Vs. The State.............................. Respondents Judgment March 23, 1988. Cases Referred to- Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stu......r, D.A.B, Rangamati, Chittagong Hill Tracts lodged a First Information Report with the Kotwali P.S. Rangamati against the accused appellant Jalaluddin Ahmed Chowdhury on the accusations, inter alia, that the accused, a Tax Collector of Rangamati Pourashava, realised from different Tax payers of Rese......March 23, 1988. Cases Referred to- Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....High Court Division is in the judgment and decree dated 7 June 1984 in S.A. No. 456 of 1984, Chittagong Bench. Circumstances that led to this appeal are given in the following paragraphs. 2. The land in suit comprising plots Nos. 1958 and 1965 originally belonged to two brothers, Jaghabandhu an...... DLR (AD) (1988) 56. ......er suit barred by the principle of res judicata. Impugned decision of the High Court Division is in the judgment and decree dated 7 June 1984 in S.A. No. 456 of 1984, Chittagong Bench. Circumstances that led to this appeal are given in the following paragraphs. 2. The land in suit comprising pl......Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others………….Respondents Judgment July 20, 1987. Result: The appeal is dismissed without any order as to costs. The Code of Civil Procedure, 1908 (V of 1908) Section 11 An adverse fin..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....roperty on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and approving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acres of land as described in the schedule in para No.2 of the petition belonged to Jogesh Chandra Roy. He di......gree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......etitioner got the entire right in the 8.23 acre of lands which she had been possessing all through by living in Bangladesh and erstwhile East Pakistan and by paying rents up to 1389 B.S. But after that her offer of rents for 1390 B.S. was not accepted on behalf of the government. 3. Thereupon....... Bangladesh & others…………………………………………..Respondents Judgment March 22, 1987. Result: The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For the Petitioner. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
.... No.1 Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 appertaining to S.A. Khatian No.2071 of Mo......rder as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
...... Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 appertaining to S.A. Khatian No.2071 of Mouja Patuakhali. She obtained an ex-parte decree on the 14th December, 1961. On t....... Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173).
Lawyers Involved:
Hemayetuddin Ahmed, Advocate -For the Petitioner.
Shamsul Alam, Deputy Attorney General-For the Opposite Party No.1.
A.K...
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....lling a lease though purporting to act under terms of the contract but in fact acting beyond the terms of the contract, arbitrarily on grounds having no nexus with the contract or the law of the land. In the case of Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Deve......nd others………………………………Respondents Judgment April 23, 1986. Result: The Rule is discharged. Cases Referred to- Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Deve&sh......h (Annexure-A) cancelling the lease of the petitioner of the fishery for the year of 392 B.S. to 1394 B.S. on ground of default of rent and for non-development work. 2. Facts in short are, that the petitioner, a fisherman of Co-operative Society, namely Sarping Matshajibi Samabaya Samity, ......owdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&hel..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....tle Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land w......din @ Abdul Aziz and others………………………. Opposite Parties Judgment April 3, 1986. Result: The Rule is discharged. Case Referred to- Gendha Bepari Vs. Abdul Mansur Mia and ors, 19 DLR 349; Tarkeswar Prasad Tewar...... 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land was illegal. His case was tha......ellip;…………. Opposite Parties Judgment April 3, 1986. Result: The Rule is discharged. Case Referred to- Gendha Bepari Vs. Abdul Mansur Mia and ors, 19 DLR 349; Tarkeswar Prasad Tewari Vs.Devendra Prasad Tewari, P.L.D. 1957 (Lah) 1951; Katikine..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ll— (a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and “(b) On conviction upon complaint be punishable with simple imprisonmen......ellip;…………………...........Respondent Judgment March 17, 1986. Result: The appeal is allowed. Lawyers Involved: Awlad Ali—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 o......nance 1961 was set aside and the accused respondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali according to Muslim Law on 31.5.74 when the dower was f......;…………………...........Respondent Judgment March 17, 1986. Result: The appeal is allowed. Lawyers Involved: Awlad Ali—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 198..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
....t's order of injunction. The defendant also cut one Jam tree and one big palm tree in violation of the order of status quo and they kept the plaintiffs out of possession of several kanies of land. Those defendants are determined to oust the plaintiffs from their ancestral properties wh......llip;………………………………..Respondent Judgment December 8, 1985. Result: The appeal is dismissed. Cases Referred to- Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & oth......fendants, claiming a share in the suit property as co-sharers. The said suit is now pending. 3. The plaintiffs filed an application under Order 40, rule 1 of the Code of Civil Procedure in that suit, for appointment of receiver in respect of the suit properties contending, inter alia, that......; another Vs. Baktear Ahmed Chowdhury & others, 36 DLR (AD) 97; Govind Barain Rao Desai Vs. Vallabhrao Narayantao Desai, AIR 1920 Bom. 321. Lawyers Involved: M. Fazlul Karim—For the Appellants. First Miscellaneous Appeal No. 30 of 1985. Judgment Md. Abdul Jali..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....to ascertain CS Plot No. 181 as described in lot No. 1 of the schedule of the plaint and prepare a map thereof." 4. The Trial Court also appointed an Advocate to hold inspection of the suit land and issued an order to ascertain the exact location of the septic tank, sunshed and eastern wal...... in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......n. 3. On the prayer of the plaintiff, the learned Subordinate Judge appointed two separate Advocate commissioners to hold local investigation and local inspection of the suit property. The writ that was issued by the learned Subordinate Judge was to the following effect: "To measure a.......Respondent. Judgment November 11, 1985. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 26, Rule 10 Whether acceptance of the report of an advocate commissioner for local investigation raises presumption of its correctness T..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....took into consideration the defence case that there was a civil suit between the parties and the complainant petitioner was restrained by an order of ad-interim injunction from entering into the suit land. He also took into consideration a proceeding under section 144 and 145 Cr.P.C. instituted......lip;…………………............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending bef......Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that a prima face case was made out then he could have referred the case for an order of the High Cou...... July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that a prima face case was made out..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....e 8 accused persons namely, Abul Kashem Chowdhury, Azizul Haque, Afzal Ahmed, Mofzal Ahmed, Jamal Hossain, Nurul Islam, Md. Alam and Md. Idris along with 10/15 others took away from complainant's land paddy worth Taka 3000/- from his possession and that the paddy was grown by him. The Police inv......Jalil J Sydul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgme......owdagar should not be set aside or pass such other order or orders as to this Court may seem fit and proper. 2. The complainant petitioner lodged an F.I.R. on 6.12.81 at P.S. Hathazari alleging that on 5.12.81 at about 5 A.M. the 8 accused persons namely, Abul Kashem Chowdhury, Azizul Haque, Af......Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Niaz Muhammed with Momtazuddin Ahmed— For the Petitioner. A.K.M. Shafiqur Rahman with Shahabuddin Foiz— For the Opposite Party. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....lip;………Respondents Judgment July 9, 1985. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellants who are co-sharers of the vender in the tenancy by purch......ellip;……Respondents Judgment July 9, 1985. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellants who are co-sharers of the vender in the tenancy by purchase, a......us land-holder has no right of pre-emption ……..(2) Transfer to a co-sharer by inheritance is not pre-emptible in any way……………(4) It appears that the appellant-transferees are the only co-sharers in the holding, and it is they who already pur......ere was no other co-sharer in the holding, transfer to the appellants is immune from pre-emption by a contiguous land-holder, by necessary implication. The appellants need not have joined the pre-emptor-respondent, because to join in the application for pre-emption filed by a contiguous land-ho..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....jurisdiction of the Court can be arrested or detained. He has submitted that this Court having derived its Admiralty jurisdiction from the practice and procedure of High Court of Admiralty of England and the English Statutes, namely, the Admiralty Court Act, 1861, Colonial Court of Admiralty Ac..................Plaintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All E...... jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damage to the cargo owing to short delivery and damage caused to it. 2. The plaintiff has alleged that it delivered to and shipped on board the vessel m.v. VICEROY belonging to defendant No.1 a ......;ding Co.................................Plaintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......1984 is allowed in part. Criminal Appeal No.48 of 1984 is allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by ......e said confession duly taken is tendered in the Sessions Court, it proves itself under section 80 of the Evidence Act without calling the Magistrate who recorded it. The Court shall presume (a) that the document is genuine, (b) that any statements as to the circumstances under which it was take......bsp; ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....65. After making necessary inquiries the suit was filed on 9.6.65 against as many as seven defendants. The further case of the plaintiffs is that the defendant No. 1 proposed to purchase the disputed land from the plaintiff but the plaintiff having refused, the defendant No. 1 in collusion with the ......................Appellant Vs. Kazi Abdul Wahab………………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page...... at Sadar, Chittagong in Other Suit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are forged, illegal a......ip;…………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-F..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....wood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of competent jurisdiction for trial. 2. It transpires from the petition that in a riot over the possession of a plot of land one Mortoba Azad, nephew of the informant, being seriously injured died and the F.I.R. was....... Abdus Samad & others.................Opposite-Parties Judgment August 2, 1984. Result: The application is rejected. Lawyers Involved: Nozrul Islam Chowdhury—For the Petitioner. Criminal Miscellaneous No.20 of 1984. In the matter of: An applic......No.262 of 1983, pending before Mr. Z. H. Md. Dawood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of competent jurisdiction for trial. 2. It transpires from the petition that in a riot over the possession of a plot of land one Mortoba Azad, nephew of the informant, ...... High Court Division (Sylhet Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdur Rouf J Md. Abdul Muttalib J Arjuman Ali................................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgm..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....iff's case was that Sree Kanta died in 1377 B.S. leaving a widow Khata Barmani and the only daughter namely the plaintiff. Upon his death his widow namely the plaintiff's mother inherited the lands of Sree Kanta in life interest and subsequently upon death of Khata Barmani in 1380 B.S. her o......fendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a declaration of plaintiff's own legal character as a legal heirs of her father. So merely because a negative declaration has been sought that c.....................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circu......mani.............................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in t..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
...., appellant since deceased and substituted by his heirs as plaintiff filed other suit No.45 of 1967 in the Court of Munsif, North Raozan for specific performance of contract for sale of the suit land. The suit land admittedly belonged to Dula Meah who transferred the same to the defendant .....................................Appellant Vs. Md. Ibrahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Pe......ttedly belonged to Dula Meah who transferred the same to the defendant Md. Ibrahim Khalil, respondent here, by executing a registered kabala dated 21.1.1962 for Tk. 600/- The plaintiffs alleged that the defendant executed a deed of agreement on the same date for reconveying the suit land i......m Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 120; ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The suit was in respect of 4 schedules of lands namely schedules Ka to Gha. 2. The p...... Vs. Jan Mohammad.............................Respondent Judgment July 24, 1984. Result: The appeal is allowed. Lawyers Involved: Azizul Hoq with Monsur Habib—For the Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of 19...... the defendants from disturbing the plaintiffs' possession of the suit land. The suit was in respect of 4 schedules of lands namely schedules Ka to Gha. 2. The plaintiffs' case was that the lands of schedule Ka belonged to Mojibor Rahman and Rajab Ali from whom the plaintiffs pur&s......Vs. Jan Mohammad.............................Respondent Judgment July 24, 1984. Result: The appeal is allowed. Lawyers Involved: Azizul Hoq with Monsur Habib—For the Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of 1979. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......l is allowed. Code of Criminal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties ......mad, from Bandarban Jail on 6-2-1984 which is said to be the date of surrender of the accused appellant to custody after his conviction on 23-1-84. 2. The case for the prosecution, in brief, is that deceased Rabi Chandra Chakma, a candidate for S.S.C. examination is son of informant P.W. 1 Dill......1984. Result: The appeal is allowed. Code of Criminal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particula..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
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