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Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... declaration of title and recovery of possession after removal of the structures by the defendant-appellants. Allegations were that the suit premises originally belonged to Haji Neamat Ali, predecessor of the plaintiff-respondents in occupancy right. He constructed the shop houses, godowns, C. ....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......g which he knew, or, with reasonable diligence, might have known, and which the promisee did not know to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promise sustains through the non-performance of the promise." 15. It appear..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....Reported in: 39 DLR (HCD) (1987) 215. ......h petition the certified copies of the laid docu-E (1) to E (29) 6. On the application of the petitioner, the Additional Sessions Judge, 3rd Court, Dhaka, before whom the case is pending for trial called for documents papers from the prosecution of Military Land and Cantonment Executive Officer, ......premises in question. The said deed of lease is void. The execution of the said deed of lease is an act of forgery and it conferred on Maqsood Alam no title in law. The state sustained a wrongful loss of about Tk. 50.00.000/- thereby in addition to the loss by way of payment of rent to the accus..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....f that situation the plaintiff illegally looted away all the articles from the suit premises and remained in illegal and forcible possession thereof during the period of the liberation movement and also for few days thereafter, that on his return to Sylhet in January, 1972 he made a complaint to the......r that such a tenant may be ejected at any time without demand of possession. In the light of the aforesaid principle it is clear that the petitioner had neither any independent interest nor could be called a trespasser as was sought to be argued by his learned Advocate at one stage of his argument....... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....te court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......extinguished by serving notice under section 167 of the Bengal Tenancy Act. That being a question of fact and decided by all the court's below the Appellate Division held that no interference was called for. 11. It is the case of the plaintiff that Golam Ali Sk. held the raiyati interest un......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....he was unable to satisfy himself as to which of the parties were in possession he may attach the property until a competent Civil Court would determines the rights of the properties thereto or the persons entitled to possession thereof. Converted or Exchanged form of Property Under section......irst party should refund the money which was drawn. Against that a Criminal Revision No.8 (1) of 1981 was preferred by the other party before the learned Sessions Judge and on 7-2-81 the records were called for. The learned Magistrate however finally disposed of the proceedings under section 145 of ...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....rna Baishnabi. According to the respondent, Kali Charan purchased the other two plots, got his name mutated in the landlord's sherista, paid rent for those plots till his death, and after him his son, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant N......etermined on construction of documents not exactly documents of title but documents having direct bearing on the question. In such cases fact and law intermixed giving rise to what is ordinarily called ‘mixed question' of law and fact. In those cases the High Court's interference ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....or Circumstantial Evidence- Unproven Oral Confession- In the alleged oral confession nothing was said where, when and in what manner the murder was committed. Such oral confession was also not supported by any independent witnesses and cannot be believed. Fabricated False Evide......at on 29th Bhadra, 1386 B.S. corresponding to 15-9-79 at about 9 P.M. informant Binode returned from hat when he was informed by the wife and son of his elder brother Jitendra that accused Jogesh had called and taken away Jitendra to attend a salish at the house of accused Haripada and Jitendra had ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....e words "commercial establishment" have been defined in section 2(d) in The Shops and Establishments Act, 1965. Among other concerns "banking company" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the na......shing the Sonali Bank appears to us to be no different from any such public statutory body. The then Supreme Court of Bangladesh had occasion to consider the true nature and character of what it called "public corporation" and it observed as follows in the case of B.S.I. Corporation V......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
....he view expressed in the judgment of my learned brother Shahabuddin Ahmed J.
2. The question is whether the respondent had committed contempt of this Court. The allegation is that he willfully disobeyed the court's order and direction passed on 13th July, 1982. Facts have been given in the ......protect the dignity of the court and not to satisfy the grudge of any private individuals see (Onish Vs. Dulla Mia, A.I.R. 1969 Delhi 214) and in the case of technical contempt no action is called for (Express Newspapers Vs. Roy Saha Publication, AIR 1964 Punjab 428) In the case of PC. Sen...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
....Court has inherent powers to review and restore the Criminal Revision case. 3. The question that arises for consideration in this matter is whether the general principles of finality also attaches to a decision of the High Court Division which was neither an order of conviction nor of......n all fairness and for ends of justice should be afforded an opportunity of being heard in the matter. 5. In the result, the order dated 29-5-82 discharging the Rule for default is hereby recalled and vacated and the Criminal Revision case is restored to its original file and number. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....ip;……………Opposite Parties Judgment December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at......in a judicial proceeding causing a serious miscarriage of justice. The High Court Division of the Supreme Court being a Court of final revision under section 439 of the Code of Criminal Procedure, is called upon to draw the attention of the learned Additional District Magistrate concerned to ke......case 17 accused persons were put on trial before the Magistrate, upon a charge under section 379 of the Penal Code for committing theft in respect of fishes from the tank of the complainant causing a loss of Tk. 6000/-. The defence denied the occurrence. In the present case 7 witnesses were exa..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....e & another…………………………………State Judgment November 9, 1982. Result: This Rule is made absolute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. S......complaint in the Court of Sub-Divisional Magistrate Sadar (South), Comilla alleging, inter alia, that Jahir Mia, Farid Mia, Manu Mia and Nizam Mia having gone to his house at 9 or 9.30 P.M. on 6-9-79 called away his son, that he and his wife asked the aforesaid persons as to where they were going wi......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....………………………………………State Judgment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal involvement by the accused in the process of ......ious to public health. Bran Bread is quite well known amongst when the eating people. Thus it is quite clear that wheat simply mixed with bran does not by itself become an adulterated food to be called injurious to public health. 7. In order to consider an offence under section 272 of the ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
.... from encumbrance, all debts, claims, etc. (ii) Certificate of deletion of the vessel from the Panamanian Register of the defendant No. 2's written undertaking for effecting the same as soon as possible. (iii) Notice of Readiness from the Tag Master of Oabale Advice of the arrival......ot triable by the Admiralty Court is that the contract relating to the purchase of Turbine Steamship TSS 'PACIFIC ABETO' (defendant No.1) and her towage from Singapore to Chittagong cannot be called a carriage of goods in a ship. The view taken by the learned Judge does not appear to be free......e to the defendant No. 2 of the full amount of the purchase price and the vessel shall thereupon be at the risk of the plaintiffs; (f) That should the vessel become a total or constructive total loss before delivery to the plaintiffs, the said agreement dated 3rd July, 1982 shall be cancelled, ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....Afzalul Haque, Additional Sessions Judge, Rangpur in Sessions Trial Case No.411 of 1979 on 16-1-81 under section 376 of the Penal Code and each of them has been sentenced to suffer rigorous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no sep......d appellants Abul Hossain and Abdul Quddus @ Nausha suddenly caught hold of her in the inner yard and carried her away from the said house to the house of acquitted accused Abdus Sattar who called a Kazi through his men. Accused appellant Abul Hossain took a paper from the Kazi and st......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....andra Aich Chowdhury executed, a will on 12-1-1911. One Rain Kumar was an elder cousin of the testator Girish. Girish Chandra Aich and Ram Kumar were in joint mess and property. Ram Kumar had no son. Girish Chandra Aich had three sons, Mohendra, Nabin and Nikunja. Mohendra was taken in adoption...... following provisions of the Trust Act. Section 3 of the Trust Act defines and interpreted the expressions used in the Act namely, "the person who reposes or declares the confidence is called the "author of the trust": the person who accepts the confidence is called the &quo...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
....fendant No.3 were parties, it was decided that a suit for compensation for non delivery of goods carried in a ship is maintainable under the Admiralty Jurisdiction of this Court. In the case it was also decided that the plaintiff, a nationalised concern under the supervision and control of the B.C.I...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ...... suit for declaration under section 55(1 )(e) of the Customs Act, 1969 and as he did not disclose the name of the owners of the ship and as D.W. 1 admitted that ultimate responsibilities for the loss of the plaintiff's cargo was to be borne by the owners, presence of defendant No.2 is suffi..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
....endant No. 3 were parties. It was decided that a suit for compensation for non delivery of goods carried in a ship is maintainable under the Admiralty Jurisdiction of this Court. In the case it was also decided that the plaintiff, a nationalized concern under the supervision and control of the B.C.I...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ...... for declaration under Section 55(1) (e) of the Customs Act. 1969 and as he did not disclose the name of the owners of the ship and as D.W. 1 admitted that ultimate responsibilities for the loss of the plaintiff s cargo was to be borne by the owners, presence of defendant No. 2 is sufficie..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
....liver the cargo when the ship berthed in Chittagong on 15.3.80 Their local agent, M/S M.M. Isphahani Limited, defendant No. 2, acknowledged a short landing on. 22.5.80 and the Chittagong Port Trust also issued a Certificate to that effect. The plaintiff sent on 13.6.80 its claim bill dated 12.6.80 f......n or by the sea, or public rivers, or ports.”
8. This clause describes the Admiralty jurisdiction of the Supreme Court "as the same is used and exercised in that part of Great Britain called 'England', together with all and singular incidents, emergents and dependencies annex......he actual value of the cargo in the bill of lading and the defendants as carrier could at best be held liable to pay the plaintiff £100.00 per package, as per package limitation clause, for the loss, and that the plaintiff was not entitled to any interest.
4. The case of defendant No. 3 S..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....ioner should not be declared to have been made without lawful authority and is of no legal effect. While issuing the Rule the court stayed all further proceedings of the said Sherpur P.S. Case No.14, so far it related to plot No. 14 of Khatian No. 22 mouza Narayanpur. 3. The petitioner stated t......lleged by the petitioner that on 18.11.78, he went to the court of respondent No.1, met him at his office Chamber to get some photographs attested by him and while he was waiting said respondent No.1 called the court Sub-Inspector and in a whisper ordered him something and then the said Sub-Inspecto......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
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