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....ave the power to withdraw the amounts under certificated bills under his signature." This order was understood to be a protection for the respondent No. 1. In such circumstances whether the facts disclosed that there had been a willful disobedience of the order of the Court. The distinctio......te Division
(Criminal)
Present:
FKMA Munim CJ
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Syed Md. Mohsen Ali J
Mahbubur Rahman Sikder and others................................Petitioners
Vs.
Mujibur Rahman Sikder alias M. R...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....eased, an universal or a residuary legatee may be admitted to prove the will, and letters of administration with the will annexed thereof as may be unadministered.” From the above narration of facts as mentioned above it is clear that Jalada Devi initially intended to take probate but when it......(1983) 102. ......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
....C) 1. The Supreme Court of Pakistan also took a similar view in the case of Golzar Hasan Shah Vs. Ghulam Murtaza reported in 22 D.L.R. (SC) 258. 4. We are, therefore, of the, opinion that in the facts and circumstances, the case having been dismissed for default when it was neither heard n......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...... 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. ..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......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......ed. As a normal practice that has been followed so far under the Code of Criminal Procedure, an appeal being a creature of statute, the Court is to decide the same on merit with reference to the evidence on record. The Court of course is competent to reject an appeal even at the initial st..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....ceforth having been discharged formerly on the 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 alway......; ......ows on his person and suecumber to his injuries Tangail P.S. Case No.10(11)/81 was started on the basis of the said F.I.R., The Police investigated into the case, examined witnesses, recorded Memo of evidence and submitted a final report (true) in respect of the said case on 26-12-81. It was stated ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
.... 6. From the submission of the learned Advocate for the petitioners, it appears that a question of law has been raised squarely in this case and the same needs to be determined with reference to the facts and circumstances of the present case. In this case admittedly the deed of reconveyance to the......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)
....isfied from the police diary and other papers that there were sufficient materials to proceed against him framed a charge under section 302/109 Penal Code by his order dated 22-6-82. 5. From the facts enumerate above it is found that the accused petitioner is an FIR. named accused. His name as ......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...... which they replied that the petitioner was standing on the road to meet him, that on the next day his dead body was found in the drain to the west of the graveyard and that there was sufficient evidence regarding the complicity of the accused in the murder of his son. The Sub-Divisional M..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
....d large the decisions of the High Court Division as well as of the Courts below rest on the finding of exclusive possession by the respondents' predecessor over a long period. Whether in the facts and circumstances of the case, possession of land, even if exclusive, could convert a lic......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:
......ervations in his judgment:
"The uninterrupted possession of the Suit land for the last 25 years suggests that the defendent was given exclusive possession of the suit land. There is no evidence on record that the plaintiff over executed an act of ownership over the suit land during th..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... proceeding in G.R. Case No.716 of 1973 pending in the Court of the Sub-Divisional Magistrate, Madaripur should not be quashed under section 561A of the Code of Criminal Procedure. 2. Short facts leading to the issuance of this Rule arc that Mr. K.A. Khan, Magistrate 1st Class lodged an FI......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......arge of the accused by the Magistrate under section 253 Cr.P.C. The accused petitioner is not 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 effec..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....g those passed by the learned Subordinate Judge, 1st Court, Faridpur dated 21-1-1977 in Misc. Case No.41 of 1976 passed under Order 39 Rule 2, Sub Rule (3) of the Code of Civil Procedure. 2. The facts relevant for the purpose of this Rule are to the effect that the petitioner as plaintiff filed......n Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Respondents Judgment January 27, 19......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. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
....urt 90.
13. In these cases it is held that when an agreement is invalid every part of it including the clause as to arbitration contained therein must also be held to be invalid.
14. In the facts and circumstances of the case provisions of section 53A of the Transfer of Property Act or the......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 ......ssee has entered into possession under a lease which is found to be legally defective, for not complying with the provisions of section 107 of the Transfer of Property Act. the lease is admissible as evidence of the agreement contained therein and for determining the rights and liabilities of the pa..
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)
....owage of 'TSS PACIFIC ABETO' from Singapore to Chittagong did not involve its carriage in a ship. Naturally he submitted, the bill of lading need not be considered by the Admiralty Court. The facts of the case show the necessity of determining the liability of each party to the contract for ......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. ......r the admiralty jurisdiction is not sustainable. Finally, since no materials were before the Court, either by filing the written statement of documents arising out of the transaction or any oral evidence in respect of it, it was clearly unjustifiable to hold that there was no cause of action. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....tice of the shifting of the registered office of the Company back to Dacca appeared to have been filed before respondent No. 2 by respondent No.1. The company wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, ......D) (1982) 345; 3 BLD (HCD) (1983)149
......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 Bhagat Singh and anothe..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....cted by deceitful means or by force or if she was ravished against her will and without her consent, she is not on accomplice. In such circumstances she is a victim of an outrage. On the basis of the facts of each case the trial Court has to come to a finding whether it is safe to act upon the testi......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&......ra Nath Des Vs. Emperor 38 C.W.N. 52 and The King Vs. Baskerville, (1916) 2 KB, 658. 6. Mr. Kazi Shafiuddin Ahmed, the learned Assistant Attorney General has argued that on the basis of the evidence on record it has been proved that the victim girl P.W.2 Ferdousi Begum, was below the age o..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....ransfer of Property Act has no part to play. The decision in the case of Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others reported in 13 D.L.R. (S.C) 111 is distinguishable in facts and principles. It arose out of a reference. It rather assisted the plaintiff's case to th......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......d 3-11-1931. Exhibit 6 series are copies of certain written statement filed in T.S. No 5 of 1958 and Exhibit 7 is the certified copy of the judgment passed by the said case. 9. P.W.1 in his evidence stated that his grand father Girish Chandra Aich was the owner of the suit land and he made..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......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......n. The plaintiff is run by its own Board of Directors. P.W. 2, the Chief executive of the Company has asserted that he acts independently and reports to the Company's Board of Directors. From the evidence on record it appears that the plaintiff company paid for the consignment. Defendant No. 3 d..
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)
....ant by her written statement discarded a document being fraudulent she could not be allowed to take any plea in her favour by reference to such document. This decision can not be said to apply to the facts of the present case which is quite different. In this case the present petitioner being O.P. N......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......s argument on behalf of O.P. took a last moment plea that Ext. A (I) was a sham document as the vendor had already exhausted all his lands before executing Ext. A(I). But this plea was not placed nor evidence in that regard was placed before either the original or the appellate Court nor that was co..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
.... within the scope of section 144 C.P.C. Thereafter, it is evident that section 144 C.P.C. has a limited application for the purpose specifically mentioned therein. In the back ground of the facts disclosed, it appears that a contention has been raised as to the identity of the decreta...... 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
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....e bail petition. In the affidavit-in-reply on behalf of the petitioner to the affidavit on behalf of respondent No. 2, it was stated that respondent No. 2 had not correctly stated that materials facts and that his statement that at no point of time from 8.11.78 to 18.11.78, the petitioner let h...... (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........................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 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....r. Mainul Hosein has referred to certain decisions reported in A.I.R. 1955 S.C. 70; P.L.D. 1939 S. C. 13; A.I.R. 1959 Calcutta 356; A.I.R. 1967 Calcutta 326. These decisions are not applicable to the facts of the instant case. For the reasons stated therein above there rules must fall and are t......olla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
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