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Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... appeal is dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registr......cting his possession inasmuch as section 53A has no application in the instant case. 14. Dr. Kamal Hossain, on the other hand, submits that this Court has committed no palpable or glaring error of law by holding so. He submits that section 53A can be fully invoked by the defendant because it is t..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... this country since Bangladesh emerged as a sovereign state", to the sentence‑"And in the event, the posterity will not forgive us our default, either by acts or omission. Because justice delayed may be meant as justice denied in some case as the proverb goes, but delayed jus...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......ivision (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. ......ed Judge observed that all the Laws and Ordinances made since 1972 are of such nature; in particular, the learned Judge has criticised PO No. 8, PO No. 50 and the Special Powers Act. None of these laws related to the appeal in question before the High Court Division. Opinion has been expressed a..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... by us are that conviction based on the evidence of a single witness as against the evidence of other local witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counterR......witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counter‑case, according to the established practice and procedure for trial of cross‑cases. 2. The p...... ATM Afzal J Mustafa Kamal Latifur Rahman J Siddique Munshi ...................Appellant Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. St......he party calling him as a witness cannot render his evidence unreliable wholly or in part. A witness is not necessarily hostile if he reveals the truth. Established practice, now forming a rule of law, regarding the evidence of a hostile witness is that the whole of his evidence so far as it aff..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......s .......... Appellants. Vs. M/s. MF Limited, a Private company limited by shares........................Respondent Judgment February 10th, 1992. Case Referred to- Pratap Singh vs. Krishna Gupta AIR 1966 SC 140. Lawyers Involved: AW Bhui......ally exempt from octroi by statute and that the "certificate" as referred to in Item 22 of Third Schedule of Octroi Rules is a mere formality. He has further argued that when substantive law has exempted the property from octroi, non‑observance of the formality or non‑compl..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......#8209;Appellants Vs. Mafizur Rahman & others................. Plaintiff‑Respondents Judgment January 28th, 1992. Case Referred to- Abdullah & 3 others Vs. Abdul Karim & others 20 DLR (SC) 205. ...... suit on the findings, inter alia, that kabuliyats, Ext. D series being inadmissible documents the courts below correctly left those out of consideration, that the auction sale is not effective in law as the rent suit was filed by not impleading all the co‑sharers landlords as party to the..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......id not reverse this finding at all. There is nothing in the treatment of the evidence of PWs 1, 4 and 5 that they spoke at all about the tenants surrendering possession to the landlord. Only PW 3, according to the lower appellate Court, said that the recorded tenants surrendered their possession......tifur Rahman, JJ. I concur with the judgment of Mustafa Kamal. J. MH Rahman J.- I have had advantage of going through the judgments proposed to be delivered by my learned brothers Mustafa Kamal and Latifur Rahman, JJ. I concur with the judg......to agree with him as in the Second Appeal the learned Single Judge of the High Court Division affirmed the judgment of the lower appellate Court, which to my mind does not suffer from any error of law or defect in procedure calling for any interference by this Division. 19. Before going ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....en the appellant himself did not take any step to do so. Mr. Ahmed submits that the High Court Division was wrong in finding Ext. B to be an inadmissible document and that there has been a failure of justice in not getting the document translated merely on the ground of delay. 9. On the quest......Subordinate judge Patuakhali. 2. Plaintiff‑respondent No. 1 is a Buddhist and a widow of Thanchanio Talukder who died on the 30th March 1971 at Dhaka. She is governed by Burmese Buddhist Law according to which only the and others widow succeeds to the property of her deceased husband. The d......e judge Patuakhali. 2. Plaintiff‑respondent No. 1 is a Buddhist and a widow of Thanchanio Talukder who died on the 30th March 1971 at Dhaka. She is governed by Burmese Buddhist Law according to which only the and others widow succeeds to the property of her deceased husband. The defendantâ€......statement clearly described Ext. B as a will and also so argued before the trial Court and the two Courts below on consideration of Shisir Chand Lahiri's book on Principles of Modern Burmese Buddhist law clearly stated that a Burmese Buddhist cannot make a will. Ext. B is therefore inadmissible as a..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ...... 5. Case of the contesting defendant is that Haranath's interest in the suit property devolved upon his three sons, Manik, Nagen and Malik and his predeceased son's son the plaintiff, and, accordingly the plaintiff and his said three uncles Manik, Nagen and Mallik possessed their respect......9;Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. Judgment August 11th, 1991. Cases Referred to- P Lakshmi Reddy Vs. L Lakshmi Reddy AIR 1957 (SC) 314; Dwijendra Narain Roy Vs. Jo......t land was extinguished by adverse possession of the contesting defendant for more than 12 years. 2. Leave to appeal was granted to consider the submission that the finding was bad in law and on fact. 3. Plaintiff claims 1/3rd share which comes to 4.30 acres out of the ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....oceedings whether the parties are the same, whether the subject matter is the same, whether there is likelihood of prejudice to the accused and whether it is necessary or advisable in the interest of justice to grant such stay. In the facts of the present case it was not necessary to enter into thos......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......pondent Judgment January 30, 1992 Lawyers Involved: Moudud Ahmed, Advocate, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑onÂRecord ‑For the Petitioner. Aminul Huq, Attorney‑General (Abdul Wadud Bhuiyan, Additional Attorney‑General, AF Hasan Arif, Deputy Attorney......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......lant Vs. Commissioner of Taxes Chittagong (South) Zone, Chittagong ................Respondent Judgment June 5th, 1991 Case Referred to- Commissioner of Income‑Tax, Kerala Vs Malayalam Plantations Ltd. [1964] 53 I...... continuing and that arose in and through an enforceable contract with its employees. 8. On 29.3.1984 the revenue made a reference to the High Court Division raising three questions of law, two of which were not answered by the High Court Division as they were neither raised nor dec..Category: Fiscal/Taxation Law | Date: | Hits: 84
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
.... were not at all filed along with the plaint at the time of filing of the plaint as required under rule 14 of Order VII of the Code. The trial Court refused the prayer of the defendant for ends of justice as in the meanwhile the documents had already been marked exhibits in the case. 3. T......cument which ought to be produced In Court by the plaintiff when the plaint is presented, or to be entered In the list to be added or annexed to the plaint, and which Is not produced or entered accordingly, shall not, without the leave of the Court, be receive in evidence on his behalf at th...... Vs. Banque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka ................ Plaintiff‑Respondent Judgment March 8th, 1992 Case Referred to- Lahore Improvement Trust Vs. Khuda Bakksh Meraj Din PLD 1956 Lah. 252. Lawyers I......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. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....eir, above contentions. 11. The Waterside Workers' Federation of Australia vs. Alexander Limited (1918) 25 CLR 434. Section 72 of the Constitution of Commonwealth of Australia requires that every justice of the High Court and every justice of any other Court created by the Parliament of Commonwe......ut qualification to another. This may be so even where the words or expressions used are the same in both cases; for a word or a phrase may take a colour from its context and bear different senses it accordingly." 23. Cases on all fours are, in any case, very rare. Citations from different juris......tled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tri......ate Tribunal as well, the High Court Division by its order dated 12th December, 1990 discharged the Rule issued in the matter, but granted a certificate as the matter involved substantial question of law as to the interpretation Arts. 102 and 117. 4. Civil Appeal No. 35 of 1987 was heard in June..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... Parliament is in existence at the time of commencement of the Constitution (Tenth Amendment) Act, 1990, there shall be reserved thirty seats exclusively for women members, who shall be elected according to law by the members aforesaid. Provided that nothing in this clause shall prevent a wo...... 2, 1992 Lawyers Involved: Dr. Ahmed Hussain, Senior Advocate, instructed by Md. Nowab Ali, Advocate‑on‑Record ‑For the Petitioner. AW Bhuiyan, Additional Attorney‑General, (M/s. B Hossain, Deputy Attorney‑General and Sharifuddin Chaklader, Ass...... is in existence at the time of commencement of the Constitution (Tenth Amendment) Act, 1990, there shall be reserved thirty seats exclusively for women members, who shall be elected according to law by the members aforesaid. Provided that nothing in this clause shall prevent a woman from be..Category: Constitutional Law | Date: | Hits: 191
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d 'Additional District Judge agreed with the aforesaid findings of the trial Court and relied upon the same decisions. Additionally, the lower appellate Court held that on the principle of natural justice the plaintiff ought to have been issued with a show cause notice before his dismissal from ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ...... appeal. During the Pakistan period, the plaintiff entered the service of Pakistan National Oils Ltd., now Jamuna Oil Company Ltd. A disciplinary proceeding was instituted against him when he rose to be the Operation Officer of Jamuna Oil Co. Ltd. but the Enquiry Committee did not give him adequ......as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafide and without lawful authority and that the plaintiff’s service under the appellant still exists. It was hi..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......9;/4/‑ annas share originally belonged to one Jagat Chandra Gupta. The shebait of Gobinda Jieu demanded rent from the defendants claiming that he had purchased the share of Jagat Chandra and accordingly they paid rent to the shebait for 1360‑67 BS and got a farog (Ext. A). The plaint......stant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule 2) out of schedule 1 land. Admittedly schedule 1 land belonged to Ramanath Ghosh Estate having 1‑/12/‑ annas share and Gobinda Jieu (deity) havingR......se having failed they cannot be permitted to turn round and plead adverse possession against their own admitted landlord. The High Court while making reference to the aforesaid principle of English law also observed: "It is true, that by the ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....the mandatory provisions of order V, rules 16 and 18 CPC Secondly, he submits, the lower appellate Court not commit did any error of law resulting in an error in the decision occasioning failure of justice so as to invite interference by the High Court Division in the revisional jurisdiction. ......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. ......p;Vs. Chand Mia and others ..............................................................Respondents Judgment August 7, 1991. Lawyers Involved: AW Bhuiyan, Additional Attorney ‑General, (B Hossain, Deputy Attorney‑ General, with him), instructed by Md. Ayu......he Ministry of Works by DWI Abdul Gani obtaining signature and seal of the said ministry. DW 1 has also deposed in support of the same. Hence the High Court Division held. "The requirement of law has been substantially satisfied". 8. Leave was granted to consider the appellant's..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......; Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday...... learned Munsif in his judgment is quoted below: "It is abundantly clear that no transfer could have been effected by the deed of release ie the Muktipatra (Ext. 7). The learned lawyer for the defendant argues that the recitals in Ext.7 would show that the plaintiff No. 2 was..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
.... requirement of the suit. Mr. Ahmed also submitted that the High Court Division erred in totally ignoring the aforesaid documents of the defendant‑appellants which has caused a miscarriage of justice. 14. Mr. Nurul Huq, learned Advocate‑on-Record for the plaintiff‑respond......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... Sajjadul Huq, Advocate‑on‑Record ‑‑ For the Appellant. Nurul Huq, Advocate‑on‑Record ‑ For the Respondent No.1. Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Sharifuddin Chaklader Advocate‑on ‑Record‑ Re......ted with her sons in the suit property, that defendant No. 1 had an agreement with them for purchasing the suit property, that he obtained the ex parte decree against the Mitras in accordance with law and got the sale deed executed and registered through court, that the alleged power of Attorney..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. ......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. ......0. The High Court Division affirmed the judgment and decree of the lower appellate Court in second appeal. 2. The appellants' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered deed dated 25th October, 1928 Ext.1 for a s......anted to consider the question as to whether Ext.1 is a kot moorage or an out and out sale with a condition to re‑purchase, involving as it does the construction a document. 5. It is the settled law that the document in question itself read as a whole will primarily determine whether the docume..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: ...... holding, firstly, that the suit was hopelessly time‑barred and, secondly, that the disputed sale was vitiated by fraud. The learned Judge of the High Court Division upheld both the contentions and accordingly set aside the judgment and decree of the courts below. 13. Mr. S S Halder, learned Ad.................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The appeal is allowed. Case Referred to- Nasiruddin Vs. Sayadur Rahman, AIR 1914 (Cal) 527; Dokari Joddar Vs. Nilmani, AIR 191 (Cal) 9......According to the plaintiff of OC Suit No. 109 of 1970 the disputed property was put to auction sale in Revenue Case No. 161 of 1949‑50 (Pab) for arrears of revenue and Hemaprova Debi, mother‑in‑law of Ananta Bandhu Sen, auction purchased the same. She took delivery of possession after obtainin..Category: Property Law | Date: | Hits: 93
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