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Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....al by the defendants is directed against the judgment and decree passed by the learned Subordinate Judge Noakhali, affirming those of the learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs purchased the lands in sui...... Hossain Khan J.- This appeal by the defendants is directed against the judgment and decree passed by the learned Subordinate Judge Noakhali, affirming those of the learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......superior interest under the circumstances this suit ought to be dismissed with costs. 4. The learned Munsif decreed the suit. On appeal the learned Subordinate Judge affirmed the decision of the trial court and dismissed the appeal. Hence this second appeal. 5. Both the courts below on con..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....nd the Government principal-defendants 1 and 8, did not move against the impugned decree and rather accepted the same, the present petitioners, who were merely lessees under them, have no independent right in the suit land and against whom no relief had been given for which they could be said to be ......lves exist. If a letter exists, it may contain something very different from that which the witness represents to be its contents. When an important letter is not produced and no explanation is given for, its non-production, an inference not unnaturally arises, either that the letter, if written, do......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....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. I. sheet huts and a small pucca house which was ...... Result: The appeal is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially......es not attempt to put any narrow construction and that it is the duty of the Court to put such construction on statutory provisions as it appears to it to be most in accord with reason, justice and fairness and to avoid such construction as may cause hardship and injustice. The Supreme Court h......hly tenants in respect of the suit premises. As the plaintiff’s refused to accept rent from November, 1969 the defendants have been depositing it with the House Rent Controller. 5. The trial court decreed the suit. Defendants-appellants preferred First Appeal No. 3 of 1974 before the..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....mises in question. He withheld or failed to produce any legal document of title upon repeated call. It is not stated who gave the call and when he failed to produce. It is stated that he had no legal right to claim interest in the premises in question. He caused or tampered with public records by ......hmed—For Opposite Party No.1. Kazi Shofiuddia Ahmed—For Opposite Party No.3. Criminal Revision No.285 of 1982. Judgment Mustafa Kamal J.- This Rule issued under section 361 A Cr.P.C is for quashing the proceedings in Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Se......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......section 467 of the Penal Code in the petition of complaint. The learned Magistrate allowed the prayer by order dated 2.781 on 28.10.81 the records of the case were sent to the Court of Sessions for trial. On 31.5.82 the petitioner obtained the present Role. 3. The petition of complaint (Anne..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....hat the assessors come on the picture only if the accused refused to plead or pleads not guilty or claims to be tried. Till the trial commences within the meaning of section 271 of the Code no vested right accrues to the accused to be tried according to the procedure laid down under the Code. Furthe......assed against the 5(five.) appellants by the Additional Sessions Judge, Rajshahi convicting the appellants under section 302/149 of the Penal Code and sentencing each of them to suffer transportation for life in Criminal Appeal No.113 of 1981. 2. The prosecution case in brief, is that on 13-11-......he accused party had one ejmali Baithakkhana near the tank of the complainant party which the complainant came to demolish with hired lathials. In such circumstances mutual fight occurred over this affair there. The deceased persons received injuries from unknown person and died as a consequence of ......s a consequence of that. 4. Mr. Azizul Haque, the learned Advocate appearing for the appellants, submitted primarily two grounds for our consideration. Firstly he submits that the holding of the trial without the aid of assessors as contemplated under section 268 of the old Code of Criminal Pro..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....to him and he in good faith signed some papers, that it transpired subsequently that the plaintiff had created a deed of agreement for alleged bhara settlement of the suit premises to which he had no right title and interest and that the alleged agreement was thus a fraudulent document. 5. Raja......ll Cause Courts Act is directed against judgment and decree dated June 30, 1982 passed by the learned Subordinate Judge, Second Court Sylhet (as S.C. Judge) in S.C.C. Suit No.34/73 decreeing the suit for ejectment and recovery of certain articles. 2. Plaintiff-opposite party No.1 instituted the...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......as a tenant in the suit premises. The main question therefore in the suit was whether Rajani Kanta Lala was a tenant under the plaintiff or under Matinuddin Ahmed. In view of the clear finding of the trial Court that there was a relationship of landlord and tenant between the plaintiff and Rajani Ka..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....fs witnesses as to the exact time of dedication is understandable as it happened long ago. The documents on record, however, lend full support to the assertion of the plaintiff. In the S.A. record of right (Ext.1) at the column of the owner it is written “সেবাইত সূত্রে ......ue, Subordinate Judge. Manikganj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A...... "I am inclined to say that since the plaintiff deity is juridical person so she may resort to file appropriate suit against the defendant for their eviction from the suit property in case her affairs are not properly maintained by the defence and her property duly administered in her interest.......residing with his family. Defendant No. 2 was in possession of the suit. Defendant No.2 was in possession of the suit property on the basis of registered deed of exec hang dated 10.10.80. 3. The trial Court decreed the suit after finding that the suit property was a debuttar property and that N..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ...... AIR Mys. 1960 page 260; (1977) 29 DLR 239 ; Fakhruddin Mia Vs. Md. Khodabaksh Sk (1977) 29 DLR (SG) 268. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Respondents. Second Appeal No. 457 of 1964 Judgment ......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ...... 3. Mr. Latifur Rahman, the learned Advocate has appeared on behalf of the appellant. He submits that the lower appellate court erred in law in reversing the judgment and decree passed by the learned trial court without reversing his finding and referring to the material on which the trial court bas..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....ment of rent for which he got dakhilas from the Government. The defendants constructed 3 huts of golpata in Asar, 1367 B.S. on 10 decimals of land and got this piece of land recorded in the record of rights prepared after State acquisition. Hence the suit. 4. Defendant Nos.1 and 2 contested the......ving died has been duly substituted by his heirs. The contesting respondent No.1 Kahiluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establishment of plaintiff's title and khas possession in the suit land after disma......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. ......ower appellate court in the instant case. In the result, this appeal is allowed without any order as to costs. 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 relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the Magistrate must not find possession on the basis of any alleged title or right to possess but on the basis of possession alone to the extent and manner a property is capable......eeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the...... 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. ...... such property, or the sale-proceeds thereof, as he thought fit. Further section 517 of the Code of Criminal Procedure on the chapter "disposal of property" provides that when an inquiry or trial in a criminal Court is concluded the Court may make such order as he thinks fit for the dispos..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....t Judge reversed the findings of the trial Court and arrived at his own finding to the effect that defendant No. 1 was not plaintiff's tenant but was in possession of the suit premises by his own right and on this finding allowed the appeal and dismissed the suit. There was a second appeal by th......oss the error may be. 2. Circumstances giving rise to this appeal may be described as follows: Respondent as plaintiff filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He claime......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. ......s it was lying vacant, he took over its possession. He denied the plaintiff's title to the suit premises and particularly denied that he was inducted by plaintiff as a monthly tenant. 3. The trial Court on consideration of evidence found defendant No. 1 to be a monthly tenant of the pl..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....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. ......the said death sentence have been heard together and are being disposed of by this judgment. 2. The prosecution case was that 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 Jiten......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. ......e after investigation charge sheeted the 6 accused-persons along with 8 others U/S. 302/ 34. 4. The learned Additional Sessions Judge put all the 14 accused-persons including the 6 appellants to trial U/S 302/34 of the Penal Code. 5. All the accused person pleaded not guilty. Their defianc..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... same upon receipt of notice. 18. In the absence of any evidence in this regard the accused-respondent cannot be convicted of the offence charged with. 19: The learned Magistrate therefore, rightly acquitted the accused respondent though the reasonings given by him are not approved by us. ......ps 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 nationalisation of banks in Bangladesh the National Bank of Pakistan and its branches were ......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......ablishments Act, 1951 for regulating the holidays, payment of wages, leave, hours of work and certain other allied matters concerning the workers employed in shops, commercial establishments and industrial establishments, not being factories. This is what is contained in the preamble of the said Act..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
....l qualities of a criminal proceeding, whether the proceeding is initiated primarily to vindicate the court's authority or solely as a coercive and a remedial measure to enforce the rights of the litigant or for both these purposes combined."
4. The object of the contempt....... - I have gone through the judgments written by Badrul Haider Chowdhury and Shahabuddin Ahmed JJ. and I concur with the decision of Shahabuddin Ahmed J.
Badrul Haider Chowdhury J. - It is my misfortune that I could not persuade myself to the view expressed in the judgment of my learned brother......, 1968 for the purpose of doing contract business. Under Article 2 of the Partnership deed the firm is a partnership at-will. Respondent No. 1 is its Managing Partner having over-all control of the affairs of the firm and other partners are to assist him in smooth running of the business. By submitt......lso filed a separate suit, T.S. No. 16 of 1981, in the same Court for restraining the plaintiffs of Title Suit No. 371 of 1980 from proceeding with that suit. Both the suits are now pending. The trial Court by an order dated 30 June 1981 appointed a receiver to take charge of the Project and to..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... an appeal even at the initial stage of its admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substantive right to the appellant to be heard on merit and without disposing the, appeal on merit it ......ithout assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substa...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ...... the Additional District Magistrate, to dispose of the same on merit after due application of judicial mind to the materials on record. 3. In the present case 17 accused persons were put on trial before the Magistrate, upon a charge under section 379 of the Penal Code for committing theft ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... The Rule is discharged. Second Prosecution Based On a Fresh Complaint- As the earlier petition of complaint did not disclose whether the petitioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......strate discharged the accused. Later the Court Sub-Inspector filed an application for revival of the case, which was allowed by the trying Magistrate who summoned the accused and a date was fixed for trial. It was in these circumstances that the Supreme Court of Pakistan held that there is no power ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....n & others………………………Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding f......lip;……Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes place before the st......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ...... of law as enunciated in the decisions the submission of the learned Advocate for the petitioner must succeed. Thus the judgment of the lower appellate Court is set aside and the judgment of the trial Court is restored. Consequently the pre-emption case is dismissed. In the result, the Rul..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....voked. Evidently the informant did not take any step in that behalf. Instead he approached the Sessions Judge for taking cognizance of the offence against the petitioner. The Sessions Judge very rightly rejected the prayer of the informant upon the view that the Court of Sessions has no ju.......247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since accused Abdur Razzak did not appear before this Court and no order has been passed regarding him and as he is allegedly the main culprit i......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. ......gainst the petitioner for an offence under section 302/109 Penal Code. The Sub-Divisional Magistrate, however, rejected both the' petitions and then sent the case to the Court of Session for trial as the alleged offence is exclusively triable by that Court. 4. The informant does n..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
.... Kurmi who was a labourer of the Tea Estate was supposed to occupy the land as a licensee during the continuance of his service. As Arjun Kurmi was dismissed from service in July, 1958 he had no right to enjoy the land.
3. The suit was contested by Arjun Kurmi who asserted that the suit la......
Judgment
Fazle Munim CJ. - This appeal arises from the judgment dated 11th December, 1979 passed by the High Court Division in Second Appeal No. 27 of 1966.
2. The appellant which was formerly Dhamai Tea Company Limited instituted Title Suit No. 76 of 1958 in the 2nd Court of Mu......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......ant also filed Title Suit No. 98 of 1958 for evicting Arjun Kurmi from the resident quarters of the appellants, Arjun Kurmi also contested this suit. After hearing the suits analogously the trial Court by its judgment dated 19 6.61 dismissed Title Suit No. 76 of 1958 but decreed Title Suit..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ...... black market. There was neither any fresh complaint or FIR against the accused petitioner nor was there any fresh police enquiry report against him. The accused petitioner was also not being tried before a separate Tribunal altogether. He was being tried by the same Court. As such revival of procee......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......e of accused Ashit Baron Saha was put up for trail before the Sub-Divisional Magistrate, Madaripur and upon the prayer of the co-accused Ashit Baron Saha the Sub-Divisional Magistrate started de novo trial of the case. He took the evidence of Mr. Ali Azam Khan, who was also examined as P.W.3 earlier..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
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