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Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......Munsif, 1st Court 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 ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......of the plaintiff No.1, at the instance of the defendant No. 1. 5. In this suit impugned bainanama was marked as Ext. C dated 15.1.63 and the kabala was marked as Ext. Al. dated 8.3.65 before the trial court. The scribe one Manindra Lal Nath who was the scribe of both the above noted Exhibits de..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ......t 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 Judg......e of the petitioner was taking step to get both the cases tried together. Upon the above facts it is alleged that the petitioner has reasonable apprehension that the prosecution may not get fair and impartial trial before the said learned Additional Sessions Judge. Heard the lear......Procedure praying to transfer the Sessions Case 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 ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......llant. A. K. M. Shafiqur Rahman—For the Respondent. Appeal from Original Decree No. 124 of 1972. Judgment Md. Altaf Hossain J. - This Second Appeal arises out of a suit for specific performance of contract. 2. Dula Meah, appellant since deceased and substituted by......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......rned Munsif without cogent reasons. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the respondent supports the judgment of the lower appellate Court. 5. It appears from the judgment of the trial Court that the learned Munsif relying on the deed of agreement Ext. 4 itself and relying on th..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....the court competent to try such person for the offence complained of shall, after recording its decision so to do, try such person in his absence." 8. The learned Advocate for the appellant rightly argues that neither the provisions of sub-section 1 nor sub-section (2) of section 339B......minal 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 to produce him he cannot be sa......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. ......cedure (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 to produce him he cannot be said to hav..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....h the window and showed a bayonet and said to Dr. Rezaul Ambia that they were 'party men' and would search his residence and asked him to open the door for that purpose. Dr. Rezaul Ambia got frightened and opened the door, when 3 persons entered into the room and tied the Doctor with rope an......te.....................................................Respondent Judgment July 12, 1984. Result: The appeal is dismissed. The gist of section 157 of the Evidence Act is that former statement of a witness may be proved to corroborate his later testimony as to the s......proceeding………(11) Identification parade belongs to investigation stage. Identification of the accused soon after arrest is of vital importance in the interest of justice and fairplay both to the accused and the prosecution……….. (12) According to157......y and narrated the story. The defence case as appears from the trend of cross-examination of the P.Ws. and examination of the accused-appellant under Action 342 Cr. P.C. is one of innocence demanding trial. 3. The prosecution examined 7 witnesses while the defence examined none. Mr. Md. Abdur R..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....o previous partition between the plaintiffs and her paternal cousin and that both of them continue to live jointly in their paternal dwelling house. So upon the aforesaid facts the plaintiff has been rightly found to be entitled to lay her claim under section 4 of the Partition Act. So the...... by the Subordinate Judge Rajabahi, in Title Appeal No. 120 of 1979 affirming the judgment and decree passed by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in th....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ......at the learned Munsif did not himself assessed the value of the property as was required by law. 7. The learned Subordinate Judge upon a consideration of all the evidence and the judgment of the trial Court in the light of the objections made by the defendants found that since the plaintiff not..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......hellip;…………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civi......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......nd was about to leave the Chittagong Port after discharging 20, 000 Metric Tons of Bulk Cement Clinker to the Bangladesh Chemical Industries Corporation, the plaintiff filed an application before the trial Court under Order 38 Rule 5 C.P.C. with a prayer for issuing notices upon defendant ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......arat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of First Appeal as stated above. 2. Mr. Md. Ahsanul Kabir, the learned Advocate appearing for the appellant has taken me through the judgments of the Court's below. The learned Advocate ......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......g to the second part of March, 1965. On the appellant's failure to execute and register the kabala on demand, the respondent Basharat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of First Appeal as stated above. 2. Mr. Md. Ahsanul Kabir..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
.... Result: The Rule is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the d......he Rule is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the defendant establishes......iterlitis has the right to choose his forum and the court should be very reluctant to disturb or intermeddle with this right unless the court is satisfied that the defendant petitioner will not get a fair and impartial trial or unless the defendant establishes a balance and preponderance of convenie......re to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any time. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same." ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......llants. Azizur Rahman Chowdhury with Ahsanul Kabir—For the respondent. Civil Revision No. 280 of 1983 Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangun......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......ent in respect of 6.60 acres of land in suit In favour of the respondents Nos. 4-7 was void and illegal. The respondents contested the suit. The Trial Court dismissed the suit and the judgment of the trial Court was affirmed by the lower Appellate Court. Being aggrieved, the plain-tiffs have preferr..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....e then the plaintiff is rot in service and the matter has been placed for approval of the Board and the decision is in process, that the plaintiff has been legally discharged and he has no legal right to institute any such suit as the relationship between the plaintiff and defendant is not......2. Facts in short are that G.M. Ali Baksha, Headmaster of Agarghata High School P.S. Paikgachha, District Khulna as sole plaintiff filed a suit, being Title Suit No.324 of 1976 in the Court of Munsif for a declaration that the resolutions adopted by the Managing Committee of the Agarghata High Schoo......e Courts below that the resolutions were not only illegal and without jurisdiction but also mala fide one is wrong in view of the fact that the course of action followed by the Managing Committee was fair and equitable and the plaintiff was heard in person and he was afforded enough opportunity to e......us, cannot be said that it was a suit for a mere declaration only without any consequential relief. Further, it is seen that even in the written statement of the defendants appellants before the trial Court no such objection as to the maintainability of the suit had been taken. No such issue wa..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....rom one Jalaluddin and others prior to C.S. operation They have been living there by erecting house and the defendant has not title and possession of the same. That being so the defendant No.1 bad no right to lease out of the land. It was their further case the defendant No.1 on their asking leased ......ed 26.7.74 passed by the Additional District Judge Khulna reversing those passed by the learned Munsif Second Court Bagerhat on 25.9.72 in Title Suit No. 716 of 196. 2. Plaintiffs filed the suit for declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and pra...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... found this suit land was in fact settled with the plaintiff and that they are in possession and upon that finding decreed the suit. On appeal the said was reversed and the judgment and decree of the trial Court was set aside and the suit was dismissed. As against that this appeal has been preferred..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....not been made parties. In the aforesaid decision it was held: “All the Shebaits were, therefore, necessary parties but all of them have not been impleaded. The trustees themselves, have on right to maintain the suit in respect of the debtor property, the legal title in which vests in the ......0/- to be deposited by the plaintiff in the Trial Court within 11 days of the judgment on the failure of which the plaintiff may get the kabala executed and registered through court. 2. The case for the plaintiff Shirish Chandra Das is that the suit land measuring.08 sataks (4 gandas) (as demar...... of the defendant's committee for the said deity is illegal, inoperative and without jurisdiction and that the defendants were restrained from interfering with the worship and management of the affaire of the said family deity. Further case for she appellant-defendant 1(d) Shantipada is that nei......y agreement executed by defendant 1(a) Chandra Sekhar and defendant 1(b) Shyamapada, it should be treated as a document created collusively and fraudulently under undue influence. At the time of trial the following issues were framed: (1) Is the suit maintainable in the present form? ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
.... any initial and that document found light of the day only on 18.3.75 for the first time and this witness could not say who prepared Ext. A and B. The learned Subordinate Judge who tried the case has rightly held that these Exts. A and B were prepared for the purpose of the suit. This witness has no...... 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; Chittagong Port Authority Vs. Md. Ishaque and others 35 DLR. (AD) 364. Lawyers Involved: Makbul Ahmed for Muzammel Hug—For the appellant. M.A. Zalil for Rcfiqur Rahman-For the Respondent. ......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......t there was no negligence or carelessness on the part of the staff of this defendant and no loss occurred for any fault on the part of the present port administration. 13. In the suit before the trial Court four issues were framed which are as follows:-- 1. Is the suit maintainable in its ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
.... said suit with a fraudulent design to defeat the claim of pre-emption of the petitioners, that the plaintiffs are not the real plaintiffs and are merely name lenders, that the petitioners have legal right to preempt, that in the facts and circumstances of the case the petitioners are vitally intere......y purchase. The seller opposite parties 1 to 3 Sree Din Dayal Singh Hazari, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari thereafter filed Other Suit No.37 of 1982 on 5.3.82 praying for a degree declaring that the transfer of the suit property by the five deeds to defendants 1, 2 a......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ......the prayer of opposite party No.1 Sree Din Dayal Singh Hazari and opposite party No. 2 Sree Durga Prasad Singh Hazari proceedings in all the 3 Misc. Case Nos. 82, 83 and 84 of 1982 were stayed by the trial Court till disposal of Other Suit No.37 of 1982. In the result, the Rule is made absolute..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......r the Respondent. Appeal from Appellate Decree No. 234 of 1984 Judgment M. H. Rahman J.- This appeal, by defendant No. 1, has arisen out of a judgment and final decree passed in a suit for declaration of title and for partition. 2. In the preliminary decree the trial Court decree......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ...... M. H. Rahman J.- This appeal, by defendant No. 1, has arisen out of a judgment and final decree passed in a suit for declaration of title and for partition. 2. In the preliminary decree the trial Court decreed that the plaintiff would get 19th/288 share in the suit land. On 23.2.72 the pla..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
.... C.P.C. will come into play which provides thus: "3. procedure in case of death of one of several plaintiffs or of sole plaintiff. (1) Where one of two or more plain-tiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs atone, or a sole plaintiff or......ed by Mr. N.I. Khan, Munsif, Faridpur in Miscellaneous Case No.191 of 1976. 2. Late Poet Jasimuddin as plaintiff instituted Title Suit No.4 of 1974 against the opposite party as defendant before the Sadar Munsif, Faridpur praying for a decree of ejectment from the suit premises. During the......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......ion under Order 22; Rule 3 C.P.C. He ought to have set aside his order dated and should have restored the suit and after substituting the petitioners as plaintiffs should have proceeded with the trial thereof. 10. In the result, the Rule is made absolute without any order as to costs. The ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....e been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.13 and Hashem Ali, the predecessor of defendant Nos.14-21 took pattan of so...... 23.4.80, passed by the Munsif, 1st Court, Barisal in Title suit. No.272 of 1977. 2. The opposite party Nos.1-3 as plaintiffs filed Title suit No.190 of 1975 in the Court of Munsif, Barisal for declaration of title to the suit property against the defendant-petitioner and the defendan......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ...... suggest the purchaser-Government ever annulled the Nim-Howla interest of the plaintiffs after the auction purchase. The record of the Revenue Sale Case No.199 of 1949-50 had been produced before the trial court and proved by D.W. 1 Sikdar A. Mannan. I have also gone through the said Revenue Sale re..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
.... void. The defendant Nos.7-11 did not possess the property on the basis of the lease. He also denied the validity of the registered kabala, dated 31.3.58 and contended that the plaintiffs acquired no right, title and possession of the suit land on the basis of the said kabala. His further case was t......sif, 2nd Court, Perojpur in Title Suit No.199 of 1983. 2. The plaintiffs-petitioners instituted Title Suit No.199 of 1983 in the Court of Munsif, Perojour against the defendants-opposite parties for declaration of their title to the suit land and for confirmation of possession therein. The plai......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......nst the rest. Being aggrieved by the decision, the defendant preferred Title Appeal N. 167 of 1975 and the appellate court sent back the suit on remand to the court of Munsif for holding a fresh trial with certain observations. Thereafter learned Munsif after fresh hearing decreed the suit..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....and delivery of possession in respect of the Suit land, obtained decree on contest on 15.5.1951 and got delivery of possession of the suit land through court on 26.5.1951. The relevant R.S. record of right in respect of suit land recording the same in the names of Yousuf Ali Chowdhury and Fakir Moha......Fazlul Karim, Fazlul Bari and Fazlul Kader are the male heirs of the original Wakf late Ahsan Ali Chowdhury. They are also joint Mutawallis in terms of the registered Wakfnama Ext.1. 3. The case for the plaintiffs respondents is that late Ahsan Ali Chowdhury created a wakf in respect of the sui......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......e by adverse possession and by such adverse possession of the defendant appellant the title of the wakf estate in the suit land has extinguished. 5. On these pleadings the suit went on trial. The learned Munsif in his judgment found that the suit properties belong to the Wakf estate c..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
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