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....re he stayed as an indoor patient for about a month and could not pursue his normal avocation of life for many months thereafter. The injuries sustained by him included fractures of three toes of the right foot which were severe and reduced his enjoyments of life and expectation of life. He also rec......he was on his normal inspection duty after the college hours as the Programme Officer on 5. 8. 58, he was seriously injured by the fall of a huge C.I. Sheet which suddenly fell on him with a terrific force from the scaffolding at the top of the Assembly Hall of the College. He was immediately remove...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......ect principle and the amount assessed is too excessive. The learned Advocate for the plaintiff respondent has on the other hand submitted that the claim as to damages was carefully scrutinized by the trial Court item wise and the assessment has been made in proper exercise of judicial discretion. It..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....roceed to judgment without setting up the objection, and without moving for a prohibition in the first instance, although it should seem that the jurisdiction to grant a prohibition in respect of the right, of the Crown is not taken away, for mere acquiescence does not give jurisdiction; Knowles V. ......ion in his favor. The said Kunja Mohan Dev is no other than the father of the respondent No. 2, Anil Chandra Dev, who filed an application to the S. D. O. (N) Chittagong, alleging that the petitioner forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitio......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......petitioner such objection can be taken before this Court exercising jurisdiction under Article 102 of the Constitution, notwithstanding the inability of the petitioner to take it before the trial Court at the first instance. Whenever there is want of jurisdiction of the Court concerned, an..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....ties. On an appeal to the Supreme Court of India, the Supreme Court pointed out that no question of res judicata did arise in the said case as the order of remand as not a final order determining the rights of the parties and it was also observed that the provision of section 105 of the Co......ince of East Pakistan, which was defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a pe......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ...... was not properly demarcated and the extent of the lands covered by this Char could not be ascertained with any precision on the available materials, the learned Judges made an order of remand to the trial Court so that the extent of the lands of the said Char could be properly ascertained and demar..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
.... of the originator of the proceedings. It does not fit in with the analogy of the Civil Procedure Code. The hypothesis suggested by Mr. Huq and Mr. Hossain breaks down. 19. Mr. Roy Chowdhury has rightly submitted by pointing to the preamble of the enactment that the word has a direct reference ......put to auction sale on 1.8.70. Syed Maksud Ahmed the petitioner is the auction-purchaser. Judgment-Debtor Basu filed an application under Order 21 rule 90 of Civil Procedure Code on 29.8.70 for setting aside sale. It was registered as Misc. Case No. 354 of 1970. It may be noted that the ju......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......examination reveals that its meaning, if at all, is difficult to apply in the Article,. The word has neither been defined, nor used in any uniform sense. The expression hardly finds place in criminal trial or appeal. In my opinion, we are left with no choice but to apply the general meaning. By so d..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......ith defendant. No. 8 and 9 as also restraining the defendants 8 and 9 from making any payment to defendants 1-7.” 2. The Trial Court was of the view that the suit, in substance, was a suit for possession of property and he also held that the prayer for declaration and for injunction was n......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......ef claimed in the present suit? According to Mr. Ahmad Hossain all the movable and immovable properties in the suit in the management of the plaintiff's Sebait. Apparently, they may be so and the trial Court also took that view. But upon true construction of the reliefs prayed for, it appears th..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....Auction-purchaser resisted the application contending inter alia that Niher Bala Sen and Uttarnn Devi were the same person. These are two names of one and same person. The Respondent or Azim had no right title or interest in the suit property. The present application was not maintainable. Rarn......ugh Court and dispossessed the Respondent, Obaidul Huq on 29-7-61. It was alleged that Ramjan was a benamdar of the landlord-decree holders. The holding belonged to Uttama Sundari Devi who had left for India. There was an agreement of sale between her and Respondent Abdul Azim who was in possess......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......xercising jurisdiction the court has not acted illegally, that is, in breach of some provision of law, or with material irregularity, that is, by committing some error of procedure in course of the trial which is material in that it may have affected the ultimate decision: If the High Court is sat..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....th and may use or deal with the properly in such manner as may appear to him to be expedient.” 9. The learned Advocate has submitted that from the aforesaid provisions it is clear that the right to take possession of the requisitioned property accrues only after the service of the Order o...... D.C. Bhattacharya J. - This appeal is at the instance of the Plaintiff and directed against a decree dismissing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 ......on the same matter in controversy in a subsequent regular suit and that on the general principle of res judicata any previous decision on a matter in controversy after full contest or after affording fair opportunity to the parties to prove their case by a court competent to decide it will operate a......akistan, which dismissed the appeal on the 26th May 1959 upholding the Order of the Dacca High Court. This judgment of the Supreme court has been reported in 11 D.L.R. (S.C.) page 423. 5. At the trial it was contended on behalf of the defendants that the suit was barred by the principle of res ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
.... on the dead body of Hasan Ali Chowkidar brought and identified: by the contstable; P.W. 3 and another. He found 3 injuries on the dead body; one penetrating' wound at the root of the neck on the right side; one diffused swelling on the back of the loin. Injury No. 1 which resulted in the severa......n and Mafu alias Mafizuddin Oazi have been convicted by Mr. H. M. R. Siddique, Sessions Judge, Comilla, by his order dated 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chow......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......302 B.P.C. A competent magistrate of Comilla held the preliminary enquiry and after finding a prima facie case made out against the accused committed them to the; Court of Session to stand their trial on charge "of murder committed by them in furtherance of their common intention. 3. ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....har on or about the 1st October, 1954 for a sum of Rs. 2874/- although the plaintiff's stock of goods was worth not less than Rs. 62,000/00. The plaintiff's contention is that the Bank had no right to remove the goods from the defendant's godown to a different place without his knowledge......h Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the mo......ho expressly regretted for what had been done through inadvertence. Thereafter the plaintiff made a deposit of Rs. 200/- with the Bank on 17. 9. 54 and went away to Chittagong to look after his own affairs there. The plaintiff has subsequently come to know that the hypothecated timber which was in h......
5. The substantial question which was raised in both 'the suits was as to the legality and regularity in the auction sale of the hypothecated goods held on 1.10.54.
6. At the time of the trial there was absolutely no dispute as to the amount of money which was advanced by the Bank to th..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......nt passed in Criminal Appeal No.153/69, let the case be transferred and registered as special case. Cognizance u/s 4(1) of the Criminal Law Amendments Act has already been taken. To 12-1-70 for appearance of the aced persons.” Seven such orders have been passed by the learned Se......n the-ground that the Appellant had already suffered. Their Lordships held the appellant had to undergo the worry and anxiety of a prolonged trial for a period of over two years. It would be highly unfair to him if he is allowed to be retried in order to enable the prosecution to fill the gaps in th......ommitment proceeding went on before the Magistrate with the remaining accused persons and the accused persons were committed to (he Court of Sessions under section 467 of the Penal Code for trial. The petitioners were tried by the learned Assistant Sessions Judge under section467/34 o..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......yers Involved: Fazlul Karim—For the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......ed Shah is not real petitioner and that he was set up by an interested person, namely Muzammel Haque Shah to grab the property illegally. On the prayer of purchaser-petitioner Haji Gura Mia Shah, the trial court by its order dated 28.11.83 directed the pre-emptor Zahir Ahmed Shah to remain present i..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....5th Fundamental Rights of the 1962 Constitution of Pakistan are as follows:- “13. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property; “15. All citizens are equal before law an......desh, AIR 1963 (SC)1019;M P.V Sundararamier & Co. Vs. State of Andhra Pradesh, AIR 1958 (SC) 468. Lawyers involved: Latifur Rahman—For the Petitioner. Miah Abdul Gafur—for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhatt......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......by setting aside the main order. 54. The result therefore is that the Rule is made absolute and the order setting aside the auction sale in question is set aside and the case is sent back to the trial Court for hearing the application under Order 21, rule 90 of the Code of Civil Procedure,..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......e is directed against the order of the District Controller of Food, Barisal dated 15.12.67 and of the order of the Regional Controller of Food dated 22.4.68 dismissing the petitioner from the service for misconduct. 2. The facts giving to this petition are as follows: The petitioner was a ......cting a major punishment on a servant of government has been initiated, proceedings against him are conducted in a manner which does not give the impression that the principles of natural justice and fair play were observed. The appellate authority recorded the aforesaid finding on a conjecture and ......the 1962 Constitution. The court referred to the appointment letter of the petitioner of that case in which "his services are purely of temporary nature and for the 1st six months he shall be on trial....” The Court took notice of the famous case of Ghulam Sarwar Vs. Pakistan reported in ..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....decided on 25. I. 73 and it has been held in the said case that it is in the nature of a preliminary decree. But the introduction of default clause of the nature referred to above, whether it is done rightly or wrongly, undoubtedly transforms the character of the decree, and it becomes final, so far......Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners f......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......rs Vs. Widow of Lalmon Shah and others, AIR 1958 ;Jyotish Chandar Sen Vs. Rukmini Ballav Sen and others, 62 CWN 588; Bhupendra Nath Vs. Prabhat Kumar, 63 CWN. 460; AIR 1960 Cal. 75; Printing and Industrial Machinery Ltd. Vs. Swastika Press Ltd. 90 Cal. L.J. 105; Bokaro and Ramgarh Ltd. Vs. State of ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... a notice of the said application, himself submitted an application to the Arbitration Court disagreeing with the said arbitration proceeding and stating, inter alia, that the respondent No. 2 had no right whatsoever in the house in dispute and that the story of his possession or dispossession there...... 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca…………………………&hel......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ......his Court. He refers to an unreported decision of this Court in F. A. 503 of 1968 (The district Council of Comilla Vs. Mr. M. Khalilur Rahman). It was an appeal, by the Govt. against the order of the trial Court setting aside an order of dismissal of a public servant. In that appeal, the case of M. ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
..... Briefly stated, the plaintiff’s case was as follows. One Rai Charan Ghose was a tenant under Profulla Kumar Ghose in respect of the suit land which was under mortgage. Rai Charan sold his right, title and interest in the suit land to Sarat Sashi Devi by a registered kabala dated 9-7-28 ...... 1973. Result: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Sp......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ...... said power of attorney was burnt. Charred pieces of paper were produced by the plaintiff alleging that those were portions of the said power of attorney. They were marked material exhibits at the trial. 8. Both the Courts below rejected the contesting defendants plea of abandonment of the ..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....would reconvey the suit land to the pro-defendant on repayment of the consideration money within 1376 B.S. This agreement was duly registered. Thereafter the vendors sold the suit land along with the right of reconveyance lo the plaintiffs for a consideration of Rs. 3,000/- on the 5th Ashar, 1368 B....... M. A. Rouf-For the Respondent No one -For the Deputy Registrar. Appeal from Appellate Decree No. 1188 of 1965 Judgment Ruhul Islam J.- This appeal is by a defendant in an action for specific performance of contract. Plaintiff-respondents 1 and 2 instituted the O.C. Suit No. 52/...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....Government of Bangladesh by its order No. Ind/XIV/SPC-16/74/227 dated 16-1-76 transferred the liabilities of the firm including all their properties movable and immovable and assets including all its rights and interest accrued or likely to accrue under any contract and money payable to and for the ......as filed on 19-2-68 by M/s. Hardeo Glass, Aluminium, Enamel and Silicate Works, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellane......
(a) Such person shall be deemed to be acting as the agent of the firm and, subject only to such restriction as the Central Government may impose, shall have in relation to the management of the affairs of the firm all such powers and authority as the firm itself would if it were not an enemy fir......on the issue of law before settlement of other issues. The learned Subordinate Judge by his order dated 16-8-69 held that the question of maintainability of the suit would be heard at the time of the trial. On a revisional application against that order the then High Court Division of the Supreme Co..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....e Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Loobacharra Tea Estate and also for a declaration that the defendants have no right or authority or jurisdiction to disturb the plaintiff's possession and management of ......tate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Looba......tened or actual injury. The learned Subordinate Judge was also of the view that the injury, if any, could be compensated by money, that the conduct of the plaintiffs could not be held to be fair and honest and that the balance of convenience was also in favour of the defendants. On all the......his rule has been obtained by some of the defendants, namely, defendants 1-3, 5 and 7-9 against the appellate order of the 1st Court of Additional District Judge, Sylhet, whereby an order of the trial Court refusing to issue temporary injunction was reversed and an injunction was granted p..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....sly and without any interruption from any quarter. Though the plaintiff took settlement of the suit land in the year 1351 BS in the SA record his name was not recorded and for correction of record of right the plaintiff filed Title Suit No. 258 of 1976 in the Court of Munsif, Barisal and obtained a ......sing the Judgment and Decree passed by the learned Upazila Munsif, Agailjhara, in Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Az......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ......y previous defendant No.1, the Sub-Divisional Officer. 4. In this case both the parties adduced evidence both oral and documentary. After hearing the parties and perusing materials on record the trial Court decreed the suit in favour of the plaintiff by his Judgment dated 93.85. Against the afo..Category: Property Law | Date: 3 May, 1972 | Hits: 4
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