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Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
....Court has inherent powers to review and restore the Criminal Revision case. 3. The question that arises for consideration in this matter is whether the general principles of finality also attaches to a decision of the High Court Division which was neither an order of conviction nor of......n all fairness and for ends of justice should be afforded an opportunity of being heard in the matter. 5. In the result, the order dated 29-5-82 discharging the Rule for default is hereby recalled and vacated and the Criminal Revision case is restored to its original file and number. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......others………………………Opposite Parties Judgment December 13, 1982 Result: The CR petition is restored to its original file and number. Whether Every Order in a Criminal case is a judgment- The expression judg..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....ip;……………Opposite Parties Judgment December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at......in a judicial proceeding causing a serious miscarriage of justice. The High Court Division of the Supreme Court being a Court of final revision under section 439 of the Code of Criminal Procedure, is called upon to draw the attention of the learned Additional District Magistrate concerned to ke...... 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 ......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 cannot be said that the learned Additional Distri..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....he same cause of action, the accuseds will still continue on the same bail till the disposal of the case. A second prosecution is launched on the same facts after the discharge of the accused persons, it cannot be said that those proceedings are always entirely without jurisdiction. It depends ...... 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)
.... Naresh Chandra Barman & 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......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......e is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....e & another…………………………………State Judgment November 9, 1982. Result: This Rule is made absolute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. S......complaint in the Court of Sub-Divisional Magistrate Sadar (South), Comilla alleging, inter alia, that Jahir Mia, Farid Mia, Manu Mia and Nizam Mia having gone to his house at 9 or 9.30 P.M. on 6-9-79 called away his son, that he and his wife asked the aforesaid persons as to where they were going wi......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......lling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since ac..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....………………………………………State Judgment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal involvement by the accused in the process of ......ious to public health. Bran Bread is quite well known amongst when the eating people. Thus it is quite clear that wheat simply mixed with bran does not by itself become an adulterated food to be called injurious to public health. 7. In order to consider an offence under section 272 of the ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......in the process of adulteration of food- Mere possession of any alleged adulterated food in any premise by itself will not constitute an offence under Section 272 of the Penal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a particular person or ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....966.
2. The appellant which was formerly Dhamai Tea Company Limited instituted Title Suit No. 76 of 1958 in the 2nd Court of Munsif, at Moulvi Bazar, Sylhet against one Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appella......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......wdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ip;………………………………………State Judgment July 15, 1982. Result: The Rule is made absolute. Discharge of the accused by the Magistrate under section 253 Cr.P.C. The......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......t sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neit..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....dhab Karmakar who died leaving Uaharani Karmakar, Bibhuti Bhusan Karmakar, plaintiffs Nos. 1 and 2, and Biswanath Karmakar, Defendant No.2 as heirs. 3. Biswanath in collusion with defendant No.1 sold his and that of the share of minor Bibhuti to defendant No.1 on 24.12.62. The plaintiffs came t......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......roperties to defendant No.1 and subsequently, Biswanath and Bibhuti executed and registered a kabala (Ext. A) in favour of the defendant No.1 pursuant to their father's contract. 5. The trial court decreed the suit, it declared the plaintiffs right, title and interest to 2/3rd sha......lip;.Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: AH Md. Saadat Ali Khan, Advoca..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....;…..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rul......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......e of transfer and such transfer could be made by the High Court or the District Court at any stage either on an application Of any of the parties after hearing them or on its own motion for trial or disposal to any other court subordinate to it and competent to dispose of the same in ......n Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Respondents Judgment January 27, 19..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....principle of law the review is not a matter of procedure. It involves a substantive right. The right of review like of an appeal will not be available unless it is expressly conferred by law. Person aggrieved by an award made under Sub-section (1) of section 7A of the Emergency Requisition Act ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......n for determination of the dispute, and he is not entitled to re-agitate the matter by way of review. 8. In view of the above, this appeal is dismissed with costs. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287......rson aggrieved by an award made under Sub-section (1) of section 7A of the Emergency Requisition Act can only bring a suit in a civil Court of competent jurisdiction for determination of the dispute, and he is not entitled to re-agitate the matter by way of review…………&hel..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
.... from encumbrance, all debts, claims, etc. (ii) Certificate of deletion of the vessel from the Panamanian Register of the defendant No. 2's written undertaking for effecting the same as soon as possible. (iii) Notice of Readiness from the Tag Master of Oabale Advice of the arrival......ot triable by the Admiralty Court is that the contract relating to the purchase of Turbine Steamship TSS 'PACIFIC ABETO' (defendant No.1) and her towage from Singapore to Chittagong cannot be called a carriage of goods in a ship. The view taken by the learned Judge does not appear to be free......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....ares to petitioner No.1 and her husband MA. Muktadir, added respondent No. 10. On 12-4-80 respondents Nos. 8 and 9 transferred their all shares to petitioner No. 2. The transfers were approved by a resolution of the Board of Directors on the same day and the instruments of transfers of shares were a......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
...... not be tried in a summary procedure in an application for rectification of the Share Register under Section 155 of the Companies Act, 1956, because they are more appropriate subjects for a trial in a suit on evidence after a full discovery of document and inspection."
6. In Bhag......D) (1982) 345; 3 BLD (HCD) (1983)149
..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....Afzalul Haque, Additional Sessions Judge, Rangpur in Sessions Trial Case No.411 of 1979 on 16-1-81 under section 376 of the Penal Code and each of them has been sentenced to suffer rigorous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no sep......d appellants Abul Hossain and Abdul Quddus @ Nausha suddenly caught hold of her in the inner yard and carried her away from the said house to the house of acquitted accused Abdus Sattar who called a Kazi through his men. Accused appellant Abul Hossain took a paper from the Kazi and st....... After completing investigation he submitted charge-sheet on 3-7-79 against the two accused appellants as well as against accused Abdus Sattar, Samiruddin and Serajul Islam. At the time of trial accused Samiruddin was discharged. Accused appellants Abdul Quddus @ Nausha and Abut Hoss......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....andra Aich Chowdhury executed, a will on 12-1-1911. One Rain Kumar was an elder cousin of the testator Girish. Girish Chandra Aich and Ram Kumar were in joint mess and property. Ram Kumar had no son. Girish Chandra Aich had three sons, Mohendra, Nabin and Nikunja. Mohendra was taken in adoption...... following provisions of the Trust Act. Section 3 of the Trust Act defines and interpreted the expressions used in the Act namely, "the person who reposes or declares the confidence is called the "author of the trust": the person who accepts the confidence is called the &quo......ds in part, namely, in respect of the homestead and the tank appertaining to Schedule (B) of the plaint as claimed by defendants Nos. 16 and 18. Barring the extent indicated above, the decree of the, trial Court needs no interference. 29. In the result the appeal succeeds in part. The judg......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....liver the cargo when the ship berthed in Chittagong on 15.3.80 Their local agent, M/S M.M. Isphahani Limited, defendant No. 2, acknowledged a short landing on. 22.5.80 and the Chittagong Port Trust also issued a Certificate to that effect. The plaintiff sent on 13.6.80 its claim bill dated 12.6.80 f......n or by the sea, or public rivers, or ports.”
8. This clause describes the Admiralty jurisdiction of the Supreme Court "as the same is used and exercised in that part of Great Britain called 'England', together with all and singular incidents, emergents and dependencies annex......e Policy is in the custody of the Corporation. P.W. 2, the General Manager of the plaintiff company, has also admitted that the company is controlled, supervised and managed under the Bangladesh Industrial Enterprises Nationalization Order, 1972 (P.O. No. 27 of 1972) by the BCIC and that the company......llip;…………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Re..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
.... Mst. Shirin Begum………………………………Respondent Judgment March 7, 1982. Result: The Rule is made absolute. Lawyers Involved: Mian Aftabuddin Ahmed—For the Petitioner Md. Anser A......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ...... preemption and consequently failed to exercise a jurisdiction vested by law. 13. In the circumstances the orders of both the Courts below shall have to be set aside and the case remanded to the trial Court for apportionment of preemption in favour of the present petitioner and the present O.P.......es. Civil Revision No. 76 of 1982. Judgment Amin-Ur-Rahman Khan J. - This Rule was obtained by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....fter evicting the Petrs." 4. In reaching this conclusion the learned Subordinate Judge considered Exhibits A and B relating to Title suit No.164 of 1946. The learned Subordinate Judge was also of the view that the petitioners were entitled to restitution in respect of the same holding......ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ...... stage to enclude and say anything as to the identity or otherwise of the suit land. We have taken sufficient precaution in our decision so that the parties to the suit are not prejudiced in the trial. In our considered opinion, the learned subordinate judge embarked upon an investigation beyon...... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………....Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....ioner should not be declared to have been made without lawful authority and is of no legal effect. While issuing the Rule the court stayed all further proceedings of the said Sherpur P.S. Case No.14, so far it related to plot No. 14 of Khatian No. 22 mouza Narayanpur. 3. The petitioner stated t......lleged by the petitioner that on 18.11.78, he went to the court of respondent No.1, met him at his office Chamber to get some photographs attested by him and while he was waiting said respondent No.1 called the court Sub-Inspector and in a whisper ordered him something and then the said Sub-Inspecto......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ...... (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangladesh and others………..Respondents and Surendra Mohan Shaha....................Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
..................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government...... Judgment Abdur Rahman Cbowdkcry J.— In this Rule the petitioner has challenged a latter issued by the Sub-Divisional Officer, Sadar, Sylhet (Respondent No.3) and the respondents were called upon to show cause why they should not be directed to restore vacant possession of the premis......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
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