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Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....against accused opposite parties on 1.4.83 at about 9-45 P.M. alleging inter-alia that such riot took place on the same date at about 11 or 11-30 A.M. Police submitted charge-sheet against 43 persons under sections 147/148/149/324/326/302/109 of the Penal Code and prayed to discharge the rest. ...... 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. ......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 ......ood, 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 one Mortoba Azad, nephew of the informant, being seriously injured died and the F.I.R. was ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
.... upon by the plaintiff as fabricated. 3. The plaintiff examined himself as P.W.2, the scribe of the agreement as P.W.4 and one of two attesting witnesses of the document as P.W.3. He also obtained the opinion of the handwriting expert who was examined as P.W.1. According to the p......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......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..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....dates nor directed the sureties to produce the accused on any such date, there was no compliance with the provisions of sub-section 2 of section 339B of the Code of Criminal Procedure and also since the accused neither can be said to have absconded nor can be said to have failed to appear ......On 26-5-83 at about 7 or 7.30 P.M. accused appellant Kala Miah along with acquitted accused Anu Mia, Sadhan Chandra Dey, Absar Ahmed and Shabbir Ahmed came to the house of P.W. 1 Dilli Raj Chakma and called his son Rabi Chandra Chakma. They asked him to go to the house of accused Shabbir Ahmed to at......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......ed to appear before the Court. since neither the Upazilla Magistrate nor the Ex-Officio Sessions Judge asked the accused to appear before the trial court on any particular date including 23-1-S3 and subsequent dates nor directed the sureties to produce the accused on any such date, there was no..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....tence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......shy;monium, cash money of Tk. 1100/- clothings etc. worth in all more than Tk. 12,000/-. Thereafter the robbers left the residence of the doctor along with those goods and the doctor immediately called other persons nearby and narrated the story. The defence case as appears from the trend of cr......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...... 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..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....;………..Defdt-Petitioner Vs. Jugal Kishori Sarkar & others.............Plaintiff-Opposite Party Judgment June 20, 1984. Result: The rule is made absolute. Cases Referred to- Khirode Ch. Goshal Vs. Saroda 21 CLJ 525; Bota Krishna Vs. Akho....... 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......uya Vs. Jabbar Huq (1959), 11 DLR 355; Habibulla Vs. Movi. Salek (1968), 20 DLR 489. Lawyers Involved: Md. Anser Ali with Abdul Majid-For the petitioners. B.N. Chowdhury with P.K. Base and Mansur Habib-For the Opposite Parties. Civil Revision Case No. 1750 of 1981. Judgment ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....dant No. 1 and ex parte against the rest without cost. The vessel in question is attached before the judgment until further orders. The attachment order of the vessel in question shall be vacated, as soon as the defendant No. 1 shall furnish bank guarantee or sufficient surety upon the claimed amoun......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 ......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....alleged contract of reconveyance no period was fixed for repayment of the amount and as such it is not enforceable in law inasmuch as it offends against the rule of perpetuity. The learned Advocate also submits that the contract is bad for uncertainty. Section 14 of the Transfer of Propert......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......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..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....has got the signatures of all the senior Advocates the local Bar as such the petitioner could not get an Advocate of his choice to defend his case and that the defendant petitioner is not financially solvent enough to bring the Advocate from Chittagong town or from any other bar which will be very m......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......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." ......e 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 a bal..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....ent of land imposed by section 76 of the State Acquisition Act are; (I) settlement should not be made with anyone who is not a bona fide cultivator; (2) settlement should not be made with any person unless he is a person to whom transfer of land can be made under section 90 of the said Act. -Th......junction. It is evident that with the dismissal of the appeal, the temporary injunction granted in the Civil Rule 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 &n......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......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)
....h; For the Respondent. Matter No. 14 of 1982. Judgment Mustafa Kamal J. - This application under section 166 of the Companies Act preferred by the petitioner Motiur Rahman seeks the dissolution of May Industries Ltd., a private limited Company incorporated under the Companies Act, 191......g Director of the Company Arif Yunus for reasons best known to him. The petitioner was made a director of the company from 2-7-76 but it was in name only. The said Managing Director has not been called any meeting of the Board of Directors since 1978. The petitioner was never called upon to fun...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......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 (..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....owever be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......stant case the pertinent question is whether the finding of the Courts below with regard to the relationship of the Headmaster and the Managing Committee of the school was a finding which can be called illegal. 12. This question as to condition which constitutes the relationship between a ......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......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: ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....nterfering with plaintiffs possession in the suit land on the allegation that the suit jote belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was sold to defendant No.1 by two kabalas dated 29.1.37 and 3.5.38 respectively. But their sale deed did...... 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...... 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..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... prejudice” the value of such evidence in determining the disputes between the parties is very little. If, however, a portion of letter is written “without prejudice”, that portion should not also been given consideration in decision the case against the party or the other…………………...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ipal and interest accrued up to date of filing the application. Respondent No. 1 succeeded, under the above-mentioned President's Order No. 128 of 1972, to the undertaking and assets of Pakistan Industrial Credit and Investment Corporation hereinafter referred to as "THE PICIC". Facts as stated in (......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..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....ah Katgar, P.S. Kotwali, Chittogong belongs to the deity defendant No.1 Sri Sri Chatteswari Debi Bigraha, Defendants 1(a) Chandra Sekhar Chakraverty (Adhikari) (Son of late Kalipada Adhikari and grandson of the last Shebayet late Prankrishna Adhikari), defendant No. 1(b) Shyamapada Adhikari, defenda......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 ......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? ......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..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....ervice of summons. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Court, t...... 4. On appeal the learned Additional District Judge held that though the service return did not contain any affidavit of the serving peon that is no an absolute requirement of law and that the so-called irregularity did not result in the suppression of the summons. He accordingly found that ther......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......egally amounts to non-service of summons. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on oath, or cause him to be so exami..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....nsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a......ly decreed the suit in reversal of the judgment and decree of the learned Munsif. The learned Subordinate Judge has not committed any error of law in his decision and no interference by this Court is called for. The Rule is accordingly discharged. Parties are made to bear their own costs. ......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..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
.... to 23.9.70. Out of his foreign exchange savings in U.K. the plaintiff purchased a Volkswagen 1200 Sedan 1971 Model Car through defendant No. 3 namely Messrs Modern Motors Ltd. who happened to be the sole distributors of Volkswagen in Pakistan. It was agreed between the plaintiff and the defendant N......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 ......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..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)
....s.............................Petitioners Vs. S.D 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......did not part with his possession but simply made a show of transfer for any purpose such as to put away his creditors, as in the case reported in 51 C.W.N. 644, then such a transaction, whether it is called 'Benami' or colourable may be gone into.” In the instant case it is obviou......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......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..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....e allowed to urge his objections which if he had done before the lower Court the points in dispute could have been adjusted and settled in a satisfactory way by the lower Court.” 5. I am also referred to Ma Dwe Vs. Ma Tin Lun reported in A.I.R. 1920 Lower Burma 31 where it has been held t......Dwe Vs. Ma Tin Lun reported in A.I.R. 1920 Lower Burma 31 where it has been held that the proper time for an aggrieved party to object the findings of the Commissioner is clearly when the parties are called upon to state their objections for the consideration of the trial Court and if either party f...... 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......preme Court High Court Division (Civil Appellate Jurisdiction) Present: M. H. Rahman J Jaharunnessa...................................Appellant Vs. Safed Ali Bepary and others.................Respondents Judgment February 24, 1984. Result: The a..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....mal Anwar & others..................petitioners Vs. Md. Kabir Khan...............................Opposite party Judgment February 7, 1984. Result: the Rule is made absolute Case Referred To- Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L.J. (PC) 9.......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 ......y;tiff had ceased, he was unable to take any step in the case. The learned Munsif fixed 16 4.76 as the date of positive bearing of the suit. On the said date no steps were taken by the plaintiff and hence the learned Munsjf dismissed the suit for default. 4. On 9.6,76 the present petitione..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
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