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Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......ition on same subject matter filed on the same day before the civil court and the High Court Division simultaneously without mentioning either in the suit or in the writ petition about filing of such cases in such manner. Simultaneous remedies from different forums are not contemplated in law. Where......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... judgment of a Bench of the High Court Division at Dhaka (Mr. Justice Sultan Hossain Khan and Mr. Justice Aminur-Rahman Khan) passed in Writ Petition No. 365 of 1985 on 9th December 1985. 2. The case of the appellant, Haruni Fishermen Co-operative Society, is that it was lessee of the dispute......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......ited documents considered by the High Court Division did not materially affect result of the suit as because the documents already filed and exhibited and the evidence adduced sufficiently proves the case of the respondent. Hence the appeal is dismissed……………..(10) Lawyers Involved: S ......Rahman J. - This appeal is at the instance of the pre-emptees. 2. Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres of lands of some plots of C.S. Khatian No. 19 and also for 12'21 acres of land of subordinate Khatian N..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......Respondent No. 5. Civil Appeal Nos. 10, 11 & 12 of 1986. Judgment: M.H.Rahman J. - These three appeals were heard together and are disposed of by this judgment. 2. The appellants' common case is that the Bangladesh Inland Water Transport Authority invited tenders for leasing out three......l Nos. 10, 11 & 12 of 1986. Judgment: M.H.Rahman J. - These three appeals were heard together and are disposed of by this judgment. 2. The appellants' common case is that the Bangladesh Inland Water Transport Authority invited tenders for leasing out three launch ghats, namely, Swarapkat..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ...... land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are illegal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The disputed land appertaining to R.S khatian No.517 of mouza Shir......gation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent can no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defendant-appellants. Even th..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......e eye of law when these were not written according to the provisions of section 367 of the Criminal P.C. and that grave miscarriage of justice has been caused by the perfunctory manner in which the case has been disposed of. 4. The provisions of section 367 Crl.P.C. were not strictly followed b......eal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy whi..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......plaintiffs' .13 decimals and it is this part of land under unauthorised possession of .4 decimals on which the disputed constructions were made. The construction is, therefore, not bonafide. In any case, to ascertain value of the part of the judgment-debtor's building so as to compensate him at ...... appointment of an Advocate Commissioner to ascertain the value of a part of her building for payment of compensation to her by the decree-holders who were given a decree for khas possession over a land including this part of the building. Respondents obtained a preliminary decree in her partiti..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ...... September 1984. 2. Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek who sold it to Jah......in Hossain) on 2nd September 1984. 2. Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......ered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the only course for the Sessions Judge was to direct further enqui......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......ndent Judgment March 15, 1988. Criminal Appeal No. 18 of 1987 The Code of Criminla Procedure, 1898 (V of 1898), section 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and future career of the appellant, ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ...... was done in the manner indicated above. A lengthy compound sentence recording the various answers of different kinds of questions is neither permissible nor desirable as has been done in the present case. The defence cannot get any benefit by making some weird, vague and misleading suggestion as to......slam and the deceased over ancestral property for a long time. The other accused are relations and associates of Nazrul Islam. Deceased's father Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man use..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......the intention of the Legislature, then the rule of literal construction may be departed from and language of the statute may be modified, if necessary, by addition or alteration of some words. In the case of clause (c) of section 195, it is capable of both the constructions as discussed above and as...... 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ashutosh Debnath for specific performance private complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owner, the sai..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......d Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was to be decided under the Bengal Tenancy Act as the cause of action aros......filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting land holding 100 Big..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......60), sections 326/34 or 149 The confession was no confession in the eye of the law as the maker did not implicate himself in the commission of the alleged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....85 or at any date vide the Annexure-‘D’ should not be declared to have been granted or given without any lawful authority and of no legal effect and why the petitioner-Samity's still subsisting lease-hold right and interest in the impugned fisheries should not be declared as legal and lawful......ed special leave to appeal in the following terms: "Mr. Ishtiaq Ahmed, learned Counsel appearing for the petitioner argued that when the High Court Division was satisfied as to the prima facie case of the petitioner which led to the issuance of the rule the subsequent order vacating the sta......it has been alleged that the appellant had been interfered with in their possession of the fisheries in question. Some of the members of the appellant’s Samity had, by erecting thatched huts on the land around the fisheries, been living therein with their families. On 7th November 1985 respondents..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......roceeding against him was to be concluded, expired before the impugned order of removal was passed. He claimed that the Government Servants (Discipline and Appeal) Rules, 1984 are applicable to his case since the Corporation adopted these Rules for its employees. 3. In Civil Appeal No. 11 of 1......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......the learned Counsel submitted that the suit having been disposed of long ago and therefore, being not pending the principle that appeal is the continuation of the suit is not attracted in the present case for directing abatement of the suit by virtue of the aforesaid provisions of the Ordinance. ......ld that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned therein are..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......ection 302 of the Penal Code, passed by the Additional Sections Judge, Rangpur and confirmed in appeal by the High Court Division. 2. This arises from Criminal Appeal No. 178 of 1983. Facts of the case are that complainant, Abu Sayeed (P.W.1) and one of his brothers, Reazuddin (P.W.2), while goin......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......nd the ratio of the decision in 35 DLR (AD) 127 has no manner of application. It was observed: "In our view the observation made in that decision was with reference to the facts in that case. In that case the petition in the revisional application under section 439A Cr.P.C. in the Co......erly and section 146(1) clearly lays down that in case he decides that none of the party was then in such possession or is unable to satisfy as to which of them was in possession, he may attach the land "until a competent court has determined the rights of the parties thereof or the person entit..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......llowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this onus is found to have been fully discharged as the process server submitted the report, al......o. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte decree in Title Suit No.308 of 1980 and got delivery of possession of the land in suit in execution of the decree. But on an application filed by the defendant-respondent u..Category: Procedural Law | Date: | Hits: 89
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