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Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....s from disturbing the possession of the plaintiffs in the suit land. Leave to appeal under Clause 15 of the Letters Patent was allowed. Thereafter, this appeal was preferred. 9. In this case the facts of the case as stated by the plaintiffs are not disputed by the defendant appellant. It is und...... Present: Fazle Husain Mohammed Habibur Rahman J Syed Mohammad Ali J Nezamat Ali.................................................Defendant-Appellant Vs. Syed Ahmed Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 1984. Result: ......he said section in which case no permission is necessary. This point was not raised at any stage of the suit or appeals, There is no mention of this point in the pleading of either party nor any evidence was led to show that the permission was necessary but it was not taken or to show whet..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
.... 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both the rules were placed ......Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. ......dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....overnment have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The......ent have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....by the Court. Considering the provisions of Rules 1 and 2 of Order 39 of the Civil Procedure Code it would clearly appear that the provisions of granting temporary injunction do not apply in the facts and circumstances of the present case where an officer of an University has challenged an offi......hi University—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal No.35 of 1983 dismissing ...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ally omitted from the said share register. 11. The respondent No.1, 2, 3 and 6 who are share holder-Directors of the respondent company filed an affidavit-in-oppostion controverting the material facts alleged by the petitioners. Later the said respondents also filed a supplementary affidavit en..................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assurance......nal Inc. It has been submitted that minutes of proceedings of the previous annual general meeting are never read out in the annual general meeting of the subsequent year, but that is a matter of evidence and a judgment on that allegation must wait until the disposal of the main application. ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......ts Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1983. Result: The appeal is dismissed Cases Referred To- Joydayal Fodder and another Vs. Mst. Hazra and others decided by the Supreme Court of India AIR 1974 (SC) 171; India......possessed the lands through her bargadars. The defendant Nos. 3-6 claimed interest in the suit lands by purchases during the pendency of the suit. 4. The learned Munsif on a consideration of the evidence; oral and documentary, adduced before him and on hearing the learned Advocates of the parti..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....er the evidence of the O.P.Ws. in his judgment which is perfunctory. In this appeal we have ourselves considered the entire evidence on record and given our findings regarding the issues of facts and law and the points raised before us. In view of the above discussion of the evidence and q......orted in: 36 DLR (1984) 81. ......mitation? (2) Are the petitioners entitled to pre-empt as prayed for? (3) What relief if any the petitioners (are entitled to get)? 5. The learned Subordinate Judge believed the evidence of pre-emptor P.W. 1 Mohammad Islam that the pre-emptors who were non-notified co-shar..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ...... XXIII of the Code of Criminal procedure comprising sections 265A-265L contain provisions of trial before Courts of Sessions. It is very much necessary for the Sessions Court to fully appreciate when and under what circumstances an order of acquittal can be passed. 4. If, before framing the cha......y, on the application of the prosecution issue any process for compelling the attendance of any witness or the production of any document or other thing, U/S 265F Cr.P.C. 6. If, after taking the evidence for the prosecution examining the accused and hearing the prosecution and the defence ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....n 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth of facts which it states, when the witness is dead or cannot be found or is incapable of giving evidenc......ahbubey Alam—For the Appellant. No one—For the Respondent. Second Appeal No. 319 of 1965 Judgment Mustafa Kamal J. - These two Second Appeals have been heard together and will be disposed of by same judgment as they arise out of the same appellate judgment. 2. T......ible for purpose of proving the contents of the original document.. The copies thus given are in so far as the original registered documents are concerned. Where a case for the reception of secondary evidence is made out under the provisions of section 65 of the Evidence Act, certified cop..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
....of the Ordinance i.e. on 21-8-82. According to him this was not a pending case for trial on the date of promulgation of the Ordinance as such transitory provisions would not be applicable in the facts and circumstances of the case. 5. Mr. M. A. Wahab the learned Deputy Attorney General has......e State.......................................................Respondent Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Lawyers Involved: ...... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......Nazirul Islam— For the Opposite Party. Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending bef......tain materials and circumstances from which commission of the offence charged becomes a possibility, the High Court Division will not quash the pending proceedings on the ground that there is no evidence for the court to go upon”. Thus from the above quotation it is clear that it is not t..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......R (S.C.) 41; Bangladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bangladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T......ularising his period of absence from 10.11.73 on medical ground. These applications are palpably on false ground of treatment which had caused irritation to the authority. He also found the evidence of 2 attending physicians as unsatisfactory. The plaintiff could examine himself in the Mym..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....rned judge was justified in acquitting the accused respondents ................Further investigation, taking the letters Ext. I, II, and III as clues may lead to surprising discoveries and may reveal facts sufficient enough to fix the responsibilities for this murder. With that hope I intend to send..................(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of the process of the court and must be set aside--Code of c......Act to prevent the abuse of the process of any Court to secure the ends of justice..............(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directi..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... much arguments had been advanced at the bar, the point however is simple and it is whether the court at Khulna had jurisdiction to entertain a petition under Section 371 of the Succession Act in the facts of the case and whether in holding so in the affirmative the court had acted illegally in exer......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ......ear (Ref.13 Calcutta Law Journal page 221). Nasu Khan evidently had his good business at Khulna and quite a part of his cash was deposited at the Daulatpur Branch of the Sonali Bank at Khulna as evidenced by the very petition for Succession Certificate and had his money lying with the Cont..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......984) (HCD) 22 ......evious enmity the accused appellants and others were implicated in this case falsely. 4. Mr. Serajul Huq, the learned Advocate for the appellants submits that no reliance should be placed on the evidence of the prosecution witnesses as the F.I.R. named as well as non-F.I.R. named witnesses are ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....the proceeding under the aforesaid section drawn up by the learned Sub-Divisional Magistrate, Sadar (South), Comilla by his order dated 29.3.83 in P.R. No.1140 (A)/8 IE R. No.79 (A)/82. 2. Short facts of the case are that the 1st party-petitioner filed a petition before the Additional District ......urt High Court Division (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. ......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....under Order 47 rule 4 sub-role (2), proviso (a) the defendants are in law entitled to a notice of the review application or not. 7. Dr. Kamal Hossain submits that the defendants in the facts and circumstances of the present case are not entitled to a notice of the review application b......urt High Court Division (Admiralty Jurisdiction) Present: Mustafa Kamal J Khan Sons (a private Ltd. Company)...................Petitioner Vs. Motor Vessel YIH SHEN and others....................Opposite Parties Judgment October 10, 1983. Result: ......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....d the plaintiffs to institute the present partition suit for the allocation of the remaining six plots of lands in Khatian No. 25 between the plaintiffs and the defendants. 6. From the foregoing facts and circumstances of the case, it would clearly appear that it is an admitted fact and co........................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire properties of all the co-sharers ......sting witnesses were examined in Court in support of such deed of gift. The certified copy of the Deed of Gift issued by the Sub-Registrary of Jalpaiguri in India was not however formally admitted in evidence because being a forged document it was not attested by any authority of the Government in t..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
.... McCain International Ltd. Vs. Country Fair Foods Ltd and another, 1981 R.P.C. (Reports of Patent Design and Trade Mark Cases) 69 (CA) in support of his submission. 9. In the aforecited case the facts are that in the beginning of 1970 the plaintiffs introduced on to the U.K. market a novel prod......d...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi—......product. Allowing the appeal it was held by the Court of Appeal that the plaintiffs having consistently advertised and sold their product under the name "McCain Oven Chips", this was strong evidence that the name "Oven Chips" was descriptive of the product and the name "McCa..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......; 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that matter even by a senior counsel may constitute sufficient cause for condoning deley if ......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
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