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Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
.... of the Privy Council in the case of Nazir Ahmed Vs. The State, AIR 1936 (PC) 253. For the purpose of the present case we prefer not to discuss that part of the decision of the Privy Council. What is relevant for the purpose of the instant case is that the Privy Council in Nazir Ahmed's case dep......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......rate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 Cr.P.C.) and the said confession duly taken is tendered in the Sessions Court, it prove...... jurisdictions. 11. In the case of Padam Prashad Vs. Emperor, AIR 1929 Cal.617 (SB), it has been held that section 80 of the Evidence Act does not deal with the question for admissibility of the documents referred to therein but simply dispenses with the necessity of their formal proof by raisi..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....sions of the Company Act in the territory now comprising Bangladesh, it can, in no circumstances, be declared as an abandoned property, the presence of a such juristic person in Bangladesh at the relevant time or at any time thereafter cannot be negaÂtived by any extraneous consideration. ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......amp; another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and DisÂposal) Order, 1972 (President’s Order No. 16 of 19......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
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 ......l No.35 of 1975, who after examination of the witnesses allowed the appeal on contest and directed registration of the document 4. On behalf of both the sides witnesses were examined and certain papers were made exhibits in the case. The bainanama and the kabala were sent to the handwriting exp......ab………………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momt......ar was put in under section 33 of the Evidence Act. The report of the handwriting expert is marked as Exhibits F and handwriting expert disposed in this case as D.W. 8. 6. The impugned documents were also sent to the Finger print expert for ascertaining as to the genuineness of the L...Category: Civil Law, Others | Date: 13 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. ......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. ......rahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 1......nce. According to the plaintiff's case the deed of sale, which is an undisputed document and the deed of agreement were written at the same baithak. The scribe and attesting witnesses of both the documents are the same. The plaintiff examined himself, the scribe and an attesting witness. The oth..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....y so there was a complicated question of title and in such a position when the plaintiffs did not bring the suit for declaration of title the simple suit for injunction was not maintainable. The relevant findings of the learned Additional Judge were as follows:— "The question of......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ...... Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of 1979. Judgment Amin-Ur-Rahman Khan J. - This appeal by the plaintiffs is directed against the judgment and decree passed by the Additional District Judge, Pabna in O.C. Appeal No.63 of 1977 reversing the......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ness when the hurricane lump concerned was seized by the S.I. of police, he was present and he signed the seizure-list. P.W.5 Mohitul Islam, he was an S.I. of police at Jhenidah Police Station at the relevant time, who conducted the investigation, prepared the sketch map, seized the alamats and subm......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ...... former statement of a witness may be proved to corroborate his later testimony as to the same fact. It is based on the principle that if there is consistency between the previous statement and the present testimony of a witness; it may be considered a ground for believing him…&hell......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....view K.M. Subhan, J. did not refer to section 14 of the Transfer of Property Act which embodies the rule against perpetuity and section 54 of the said Act, both of which were very relevant on the point. In the case of Umar Din Vs. Fazal Din reported in P.L.D. 1952 Lahore 166 it w......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 ......man Khatoon & others……………….Respondents Judgment June 9, 1984. Result: The appeal is dismissed. Cases Referred to- Md. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gl......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 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....tiffs have preferred this second Appeal. 2. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the plaintiff’s appellants has taken me through the judgment of the Courts below and other, relevant materials. The learned Advocate submits that he would press only one ground in attacking th......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 ......in: 36 DLR (1984) (HCD) 232 ......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 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......hat he filed Matter No.34 of 1982 before the Court on 22.11.82 for condonation of delay in holding the annual general meetings. The admission of Matter No.34/82 was however advertised in the newspapers and in the Bangladesh Gazette and it was open to the petitioner to oppose this application or......tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (...... petitioner and another Director Bashir Ahmed were removed from the office of Director by an extra-ordinary general meeting of the company held on 31.12.78. The respondent-company has filed a list of documents and has annexed a Photostat copy of the minutes of the said meeting signed by the members ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....nothing but that of a master and servant for which a suit for damage only, if any, would lie for breach of a contract. 4. The learned Munsif after hearing the parties and on consideration of the relevant laws, decreed the suit on contest. The removal was declared to be illegal and ultra vire an...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......n (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....buliat, proved by evidence conclusively by the plaintiff. How then the fraud was proved. In matters like this circumstantial evidence as to the subsequent dealing with the property would be also relevant in proving the conduct of the parties to the transaction, operating as an estoppel. It appe...... 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 ...... Appellant. Syed the Shamsur Rahman- For Respondent Appeal from Apaellate Decree No.153 of 1978. Judgment Anwarul Hoque Chowdhury J. - This appeal is directed against the judgment and decree dated 26.7.74 passed by the Additional District Judge Khulna reversing those passed by th...... 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 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque BroÂthers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....955 (Act 23 of 1955), the State Bank of India (Amendment) Act 1955, the Banking Companies (Acquisition and Transfer of Undertakings) Acts, 1969 and 1970. From a consideration of the provisions of the relevant clauses in the aforesaid President's Orders and Acts it would seem to be too late in the da......" by the appellant regarding the loans concerÂned and its liability which still continues, could not give any convincing reply excepting that respondent No. 1 was to succeed on the strength of its papers and documents produced in this behalf. The letter "without prejudice" being inadmissible can......ettlement. The entire object of the writer is that the writer expresses in writing that the suit may be settled on the proposed terms. If they are acceptable, the parties will be bound by these terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in fu......ellants were unable to produce receipts showing amounts paid by them. P.W.3 who is the Managing Director of the appellant stated in his depoÂsition that during the disturbances in 1971 the original documents, records and books of account were lost. He, however, claimed that the first loan was paid..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....s true that the defendant 1(d) Shyamapada was present in the meetings of the Chatteswari Mandir Unnayan Committee held on 8.5.77 and 16.7.77. At the top of these two resolutions Exts. 1 and 1(a) (the relevant contents of which have already been reproduced by us white narrating the plaintiffs' ca......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......rt Division (Civil Revisional Jurisdiction) Present: Md. H Rahman J S. Mohammad Ali J Chatteswari Debi Bigraha................................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. R......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....stances of the case, I would, however, also hold the defendant-petitioner was also required to prove that the plaintiff purdanashin illiterate lady had independent advice. In the instant case, at the relevant time the plaintiff was living jointly with the defendant No. 2 petitioner and the defendant......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......ellip;……………Opposite parties Judgment March 18, 1984. Result: The Rule is discharged. Cases Referred To- Ayna Dasi Vs. Arena Bala Dashi and others, 12 DLR 603 ;Siddique Ahmed Chowdhury and others Vs. Ganl Ahmed and others, 33 DLR (AD) 1......0 purported to be executed by the plaintiff in favour of defendant Nos. 1 and 2 admittedly belonged to the plaintiff. The plaintiff instituted the suit alleging that the defendant Nos.1 and 2 got the documents executed from her by practising fraud. She claimed that in spite of the documents she was ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....loss of the car under the terms and conditions of the policy. 7. The plaintiff further alleged that he purchased and imported the car in suit for his personal use. Market value of the car at the relevant time was Taka 20,000/- and the present market value of the said car is much more than Taka ......by letter sent to his address by post or otherwise, that the liability of the Board, if any, in respect of such good has ceased to exist and such notice may also be published in one or more daily newspapers shall specify as far as possible the number marks and description of such goods. In Sub-......mp; others..............................Respondent Judgment March 14, 1984. Result: The appeal is dismissed. Cases Referred To- Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; C......d 4 this witness stated that Jetty Superintendent of the relevant time was still in service and the staff of the F: Shed were available then. Delivery order was being issued on production of shipping documents including the original Bill of Lading. From 2nd March, 1971 they started non-co-operation ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....e purview of section 95A of the State Acquisition and Tenancy Act and has to be treated as a mortgage. Whether in fact it is mortgage or an out and out sale with a condition of reconveyance is irrelevant. Even if the transaction is an out and out sale with a condition of reconveyance ...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswa...... Sub divisional Magistrate or the officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as maybe fixed in t..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
.... the cases of 6 DLR 589 and 51 C.W.N. 644 are altogether different from that of the instant case.........If a pre-emption is sought to, be resisted on the ground that no transfer took place under the relevant kabala in that the vendor did not part with his possession but simply made a show of transf......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 ......D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. Result: The Rule is made absolute. Cases Referred To- Ashwini Kumar Karmaker and others Vs. Hari Mohan and others, 36 DLR (AD); 51 C.W.N. 644. Lawyers Involved: Rokanu...... Tenancy Act, 1949 alleging that plaintiff opposite party Nos.1 to 3 Sree Din Dayal Singh Hazari, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari sold the suit land by five registered documents to opposite party No.4 Sreemati Kalyani Biswas, opposite party No. 5 Sreemati Parul Rani C..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....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 ......rd of rights, the defendant No.13 and Hashem Ali, the predecessor of defendant Nos.14-21 took pattan of some portion of the suit land from the defendant No.1 and created some collusive and fraudulent papers. In fact neither the defendant No.1 nor the defendant Nos.13-21 have any right, title, intere...... Md. Nizamul Huq with Moslem Alt Howlader—For Opposite-party Nos.1-3. Civil Revision No. 582 of 1982. Judgment Daliluddin Ahmed J.—This Rule was issued Against the judgment and decree, dated 5.1.82, passed by the Subordinate Judge, 2nde Court, Barisal in Title Appeal No.13......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 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....sion since the date of his settlement which was well over 12 years and as such he has acquired- good and valid title by adverse possession. 18. So. on consideration of evidence on record and the relevant laws, I find that the plaintiffs have been in uninterrupted actual physical possession of t......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 ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Sarendra Nath Halder & others.......................Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 19......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 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ......titioner. Md. Hannan with Abul Quasem—For the Opposite parties. Civil Revision No. 369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under Section 115(1) and 115(3) C.P.C. as they stood on 27-10-83, calls into question the judgment and order da......p;of the Waqfs Ordinance, 1962 alleging breach of trust, misappropriation and mismanagement of the Waqf property. The Administrator of Waqfs after hearing both sides and taking into consideration the documents filed by the parties decided that the appointment of any one person as a sole mutwalli wou..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
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