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Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
.... to the condition that in case first executrix failed to take Probate the second executor Digindra Chandra Bhattacharya would be entitled to take Probate and became the sole legatee in respect of the properties bequeathed under the said will. 3. Jalada Devi applied for Probate which being content......(1983) 102. ......l would arise only after the death of Jalada Devi. As to the substitution of the heirs of Digindra the High Court Division considered section 222 of the Succession Act as a bar to substitution of the legal representative of the deceased executor. In this view of the matter it was observed: “Henc..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....gistrates concerned are disposing of appeals summarily without giving any reason at all, it has become incumbent on this Court to direct such Courts concerned to dispose of appeals on merit with proper reason. Utmost expedition does not mean disposal alone but disposal in accordance w......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......dvocate appearing for the petitioners, submits that summary dismissal of the appeal by the learned Additional District Magistrate Dinajpur without assigning any reason whatsoever amounts to an illegality resulting in a serious miscarriage of justice. The learned advocate further submits that th..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....matter is whether the second prosecution is a revival of the first prosecution or whether it is a fresh prosecution. In the case reported in 14 D.L.R. (S.C.) 96 the Supreme Court observed, "In a proper case an application for revival may amount to a fresh complaint but barring that we would not......; ...... 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. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e Acquisition and Tenancy Act. 2. The pre-emptor filed an application for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1. 3. Th......e is also Reported in: 3 BLD (HCD) (1983) 99. ......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. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....Judge ultimately took cognizance against the petitioner and straitaway framed a charge against him. The question for consideration is whether the Additional Sessions Judge could legally and properly take cognizance against the accused petitioner in the facts and circumstances of the p......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......al Sessions Judge ultimately took cognizance against the petitioner and straitaway framed a charge against him. The question for consideration is whether the Additional Sessions Judge could legally and properly take cognizance against the accused petitioner in the facts and circumstan..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....) 96. He however cites the case of Pir Badsa and another Vs. The State, 15 DLR (SC) 55 which has laid down that when an order of discharge has been passed on the merits, fresh proceedings, would be improper on the same evidence but there is no bar to a fresh trial by a different tribunal so that mor......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......ccused petitioner was also not being tried before a separate Tribunal altogether. He was being tried by the same Court. As such revival of proceedings against him in respect of the same offence was illegal and without jurisdiction. Cases Referred to- Abdul Hossain Sana Vs. Suwalal Agarwala..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
.... Second Appeal No. 303 of 1974. Judgment MH Rahman J.—This appeal is by the heirs and legal representatives of defendant No.1. 2. The plaintiffs case, in brief, is that the properties mentioned in schedule Kha and Ga to the plaint belonged to Beni Madhab Karmakar who died ......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......te— For the Appellant. A.N.M Shahidulah, Advocate— For the Respondent. Second Appeal No. 303 of 1974. Judgment MH Rahman J.—This appeal is by the heirs and legal representatives of defendant No.1. 2. The plaintiffs case, in brief, is that the properti..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
....e it is not available to the plaintiff-appellant. As there is no agreement to the contrary the effect of such holding over under section 116 is that the lease is renewed for the purpose for which the property is leased, but it will not be correct to say that such renewal of the lease within the mean......p;……………………Respondent
Judgment
June 15, 1982.
Result:
These Appeals are dismissed.
Cases Referred to-
Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum ......he lessee became a monthly tenant under the provisions of the Transfer of Property Act as well as under the Premises Rent Control Ordinance; that the arbitrator misconducted, and that the award was illegal and without jurisdiction.
7. The learned Subordinate Judge dismissed the two suits, Title..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....eliver the vessel to the plaintiffs within the validity of the letter of Credit; (d) The defendant No. 2 shall deliver or cause to deliver the vessel at the port of Chittagong; (e) That the property in the vessel shall vest in the plaintiffs upon delivery of the vessel to the plaintiff and......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. ......all loss and damage arising from such default shall be recoverable from the plaintiffs "together with interest @ 2% per annum and if there is default by the defendant No. 2 in the execution of a legal transfer or in delivery of the vessel and all her stores in the manner and within the tim..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
.... obviate an irreparable injury to a party. This provision was not intended for settling controversies under several heads necessitating a regular investigation. When serious disputes are involved the proper forum for their adjudication is a Civil Court."
7. In Peoples Insurance Co. Ltd. V.......D) (1982) 345; 3 BLD (HCD) (1983)149
......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
..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
.... had fallen in love with accused appellant Abdul Quddus and voluntarily fled away with him. The relations of P.W.2 Ferdousi wanted that appellant Abdul Quddus should give her (P.W.2) some landed property and a share in the taxi. He agreed to give 11/2 bigha of land and half share of the taxi bu......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&......gum voluntarily went with the accused appellants as it will be evident from the letters Exts. A-A3 written by P.W.2 Ferdousi Begum, that the intention of the appellants was to get P.W.2 Ferdousi legally married to accused appellant Abdul Quddus as she was above the age of 16 years and not to fo..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....l at the instance of defendants 16, 18 and 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties along with a prayer for accounting. 2. The plaintiff filed the......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...... The will, if any as alleged by the plaintiff was fraudulently and collusively created with a view to defraud the creditors. The clause restraining the legatees from transferring the properties was illegal and void. According to him, the bequest was absolute and complete by itself and the reser..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
....ng as agent of the East Asiatic Company Limited, ought to have been impleaded in the suit along with the owners of the ship. 7. It has been conceded by the plaintiff that defendant No.1 is not a proper party in the suit, but as defendant No.2 filed a suit for declaration under section 55(1 )(e)......M/S Brestern Shipping Company Ltd. & others…………………Defendants Judgment April 29, 1982. Result: The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- ...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
....g as agent of the East Asiatic Company Limited, ought to have been impleaded in the suit along with the owners of the ship. 4. It has been conceded by the plaintiff that defendant No. 1 is not a proper party in the suit, but as defendant No. 2 filed a suit for declaration under Section 55(.................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment April 29, 1982 Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To- ...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....No.93 was taken. The contention was opposed by the plaintiff According to him the defendants were trespassers to the holding and in a previous suit the plaintiff acquired title in respect of the suit property. The plaintiff opposite party accordingly contended that the application was liable to...... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………........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. ..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......February 17, 1982. Result: The appeal is dismissed. Appointment of Receiver— Appointment of Receiver is one of the harshest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. ......vil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would be expedient to issue such notice on the opposite side, before appointing..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
....ayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner dedicated the property, filed Writ Petition No. 24 of 1971, though the then Receiver Mr. Moazzem Hossain Khan chal......ected the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner ......nal Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he along with his mother, wife and childr..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....in two Advocates, namely Mr. Anisur Rahman and Mr. Dhirendra Nath Mukharjee, stated that at about 4 P.M. on 18.11.78 certified copy of the stay order passed by this Court along with bail petition was properly moved before the Resident Magistrate by the Lawyers but the court did not agree to accept t...... (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........................ed by the petitioner that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he grabbed illegally government land at mouza Narayanpur in plot No. 14, Khatian No. 22 measuring 29 acres. The p..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
.... January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy p......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua......ellip;………….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a property to the petitioner ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: ......her grounds, mainly argued that the impugned order was passed without the approval and knowledge of the President of Bangladesh as required under the law and as such the impugned order was ex facie illegal. He has further argued at length on malafide and submitted that it was passed in colourable ex..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
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