Search Options
Judgment Advanced Search
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......lip;………Respondents Judgment July 9, 1985. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellants who are co-sharers of the vender in the tenancy by purch...... Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......m the judgment and order dated 6 July 1983 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 22 of 1983.) Judgment Shahabuddin Ahmed J.—In this appeal the simple question is whether a contiguous landholder is entitled to pre-empt the land which has been tra..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......jurisdiction of the Court can be arrested or detained. He has submitted that this Court having derived its Admiralty jurisdiction from the practice and procedure of High Court of Admiralty of England and the English Statutes, namely, the Admiralty Court Act, 1861, Colonial Court of Admiralty Ac......so Reported in: 38 DLR (HCD) (1986) 30. ......nswered at this stage without going into full evidence which may he led by the parties to substantiate their respective case in this regard. Moreover, for the reasons lam proceeding to give on a main question, it need not be answered. 6. Now the principal question in this application is, assumi..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....General Manager as defendants in the suit. 2. The plaintiff opposite party filed the said suit against the defendant for permanent injunction restraining the defendants from interfering with the possession of the plaintiff in the suit premises and also not to evict him therefrom. The plain...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. .......Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. Lawyers Inv...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....settled at Tk. 9,00,001/-. The plaintiff paid in cash Tk. 1,00,001/- as earnest money and the deed of agreement for sale was executed on 9.1.79 and it was stipulated that defendants would hand over possession of the suit property to the plaintiff on receipt of a further sum of Tk. 4,00,000/- out ...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ......;37 DLR (AD) (1985) 126. ...... decree dated 29-7-1984 passed by the High Court Division, Dhaka Bench in F.A. No. 221 of 1981.) Judgment Badrul Haider Chowdhury J.— In this petition for special leave the only question is whether there was an agreement for sale of the suit property which could be enforced by..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......e trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......ng authority added the deeming provision in section 9 Cr.P.C. which is in Chapter II of the Code of Criminal Procedure dealing with constitution of criminal Courts and offices. After the amendment in question by Ordinance No.XXIV of 1982 section 9 Cr.P.C. reads as follows:— "9(1) The..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......t. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......inance No.XL of 1983) (hereinafter called the Union Parishad Ordinance) has no jurisdiction to grant the prayer for stay of the operation of the order passed by the Election Tribunal. 5. Now the question arises whether the District Judge who entertained the Election Appeal is a Court or a '..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ......and general file and he sat by the side of the Munsif-Magistrate and started taking police and general file. The Munsif-Magistrate eagerly observed the procedure and also asked him some relevant questions to which the contemner replied and the matter ended there. The contemner denies that he ut..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ...... Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ...... She lost control of her senses when she became angry. There is however absolutely no evidence on record that in the night of occurrence she had suffered any epileptic fits or that the murder in question was done in a frenzy of epileptic attack when the condemned prisoner lost all control of he..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....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. ......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. ......I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......shy;trate, 1st class, Nawabganj on 31-10-80. The substance of their confessional statements is similar. They have clearly implicated themselves and the other accused-appellants in the dacoity in question. Appellant Firoz has confessed that he struck one of the victims with a hashua. If the..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ......dul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. .......8.83 to 4.12.83 are quite in order and valid as he duly exercised his power under section 167(6) Cr.P.C. The charge sheet has been submitted by the police already on 24.12.83. At this stage the question of quashing the acceptance of the charge sheet dated 24.12.83 does not arise. The learned A..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......ab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......r the appellants, has forcefully submitted that the confession was self-exculpatory in nature, we do not think it to be so. Appellant Zaheda Begum has sufficiently implicated herself in the murder in question. If believed to be true and voluntary, that confession alone can form the sole basis of her..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....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. ......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. ...... This Case is also Reported in: 37 DLR (AD) (1985) 43. ......ained the loan before being treated as abandoned would have to pay up the decretal amount. In either case the Bank has nothing to lose, but the petitioners' stake will be very high if the decree in question is allowed to be put into execution. 8. The main contentions seem to be not so m..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the litigant who is ......ultimate responsibility of the Court to confine the parties to the pleadings should not be over-looked or lightly brushed aside.... It will be for the trial court to examine the propriety of those questions in terms of law". In view of this matter the rule was discharged. Order 18, rule 17 C.P..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....land in question for consideration of Tk 2,500/- out of which Tk. 1,500/- was paid in cash on the date of execution of the bainanama through the hand of his brother Nazir Ahmed, who is D.W. 5 and the possession of the land was delivered on the same day to Nazir Ahmed. The defendant possessed the lan......65. After making necessary inquiries the suit was filed on 9.6.65 against as many as seven defendants. The further case of the plaintiffs is that the defendant No. 1 proposed to purchase the disputed land from the plaintiff but the plaintiff having refused, the defendant No. 1 in collusion with the ......llip;………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 Momtazuddin Ahmed-For the......bricated and forged the bainanama and the kabala. 3. The defendant No. 1 alone contested the suit. The defence is that the bainanama was executed on 16.1.68 on a contract for sale of the land in question for consideration of Tk 2,500/- out of which Tk. 1,500/- was paid in cash on the date of ex..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... 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 one Mortoba Azad, nephew of the informant, being seriously injured......wood, 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......rocedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ......ce of the offence in C.R. Case No.568 of 1983 under Sections 147/148/149/324/326/307/302/109 of the Penal Code against 51 persons, including the aforesaid 43 persons against whom the Sessions Case in question has been pending. On 9.2.84 the petitioner filed an application under Section 344 of t..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....ather" plaintiff has in substance claimed declaration of her title to a legal character as legal heir of her father……............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any dec&......iff's case was that Sree Kanta died in 1377 B.S. leaving a widow Khata Barmani and the only daughter namely the plaintiff. Upon his death his widow namely the plaintiff's mother inherited the lands of Sree Kanta in life interest and subsequently upon death of Khata Barmani in 1380 B.S. her o...... costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
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. ......, appellant since deceased and substituted by his heirs as plaintiff filed other suit No.45 of 1967 in the Court of Munsif, North Raozan for specific performance of contract for sale of the suit land. The suit land admittedly belonged to Dula Meah who transferred the same to the defendant ......hout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......otice or there is sufficient balance of improbability to displace his opinion as to where the credibility lies, the appellate Court should not interfere with the finding of trial Court on a question of fact." 6. In the case of Badruddin Khan Vs. Bangladesh and another reported in..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....sif, 3rd Court in O.C. Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The suit was in respect of 4 schedules of lands namely schedules K......Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The suit was in respect of 4 schedules of lands namely schedules Ka to Gha. 2. The p......This Case is also Reported in: 37 DLR (HCD) (1985) 79. ...... the basis of power of Attorney and since the defendants 12 to 17 claimed right and possession in schedule Gha lands by claiming the same to be their paternal property so there was a complicated question of title and in such a position when the plaintiffs did not bring the suit for declaration ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... Saleh Ahmed and Mostafa Kamal as plaintiffs instituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registration sale deed, confirmation of possession and permanent inju......allenged the right of executing the bainanama by defendant No. 1 alone as the sole owner of the suit property. This defendant No. 3 also admitted that he along with defendant No.1 transferred certain lands including the suit lands to different persons including the petitioner Abut Hashem. He further......................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petitioner. No one&mda......t to have been joined, whether as plaintiff or defendant or whose presence before the Court may be necessary in order to enable the Court effectually and completely adjudicate upon and settle all the questions involved in the suit, be added. 10. In this particular case the petitioner has alread..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5