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Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......r 15, 1983. Result: The appeals are allowed. Admissibility of Certified copy of the registered documents --Proof of the contents of the original document- Registering Officers are to give certified copies of all registered documents which are admissible for purpose of proving the......t under the provisions of section 57(5) of the Registration Act…..(9) Under section 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..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... 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. ...... 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. ......reme Court High Court Division (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Mortoza Elahi @ Tipu & others...........................Petitioner Vs. The State............... In the result, the Rule is discharged. The order of stay for further proceeding of Sessions Case No.508 of 1982 is vacated. The Sessions Case No.508 of 1982 is now proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. ..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. ......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. ......ip;…………………………Opposition Party Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- M.G. Towab Vs. The State, 34 DLR page 390. Lawyers Involved: M. A. Aziz— Fo...... his men proceeded to that direction and when they reached the place they were surrounded and one accused person hurled a hand bomb upon them in consequence of which complainant's brother-in-law was injured. Accused Abdus Sattar caused bleeding injury on the head of Ruhul Amin by giving a D..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....ring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 3.6.74 under the Local C......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 ......ase is also Reported in: 36 DLR (1984) (HCD) 71 ...... service on the falsa plea of leave on medical ground. As he was purely a temporary employee under the work-charge establishment he had been dismissed from service after following due process of law. 7. The learned Munsif found with regard to the first order under challenge that the post o..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....l Powers Act but this Court has jurisdiction under section 561A Cr.P.C. in an appropriate case under the Special Powers 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 cou......ceased Abdur Rashid's son Md. Hossain along with Sultan Ahmed informed the local Chairman and the members of the local Union Parishad who advised him to go to the Police Station. Md. Hossain accordingly went to the police Station and made G.D entry with Banshkhali Police Station. On 7.6.77 ...... Rahman J Syed Md. Ali J Abul Hossain & others............................Petitioners Vs. The State.............................................Petitioner Judgment October 25, 1983. Result: The Rule is made absolute. Section 29 of the Special Powers A......lead to surprising discoveries and may reveal facts sufficient enough to fix the responsibilities for this murder. With that hope I intend to send back the case on remand for fresh trial according to law having regard to the observation made herein." Being aggrieved by the aforesaid o..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......yeda Sultana and she was never his legally married wife. Before the hearing of the Miscellaneous Case, the petitioner filed an application for a hearing on the point of maintainability of the case as according to her it was filed beyond the territorial jurisdiction. The application for hearing ......hellip;…Petitioner Vs. Salahuddin Khan & others………………………………Opposite-Party Judgment October 23, 1983. Result: The Rule is discharged. Lawyers Involved: Molla Abdus Sa......site parties in this Revisional Application on the other hand has urged that the impugned orders suffers from no illegality because the court had not exercised a jurisdiction not conferred upon it by law nor it had in exercise of that jurisdiction acted illegally with material irregularity only..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 ......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 ........................Petitioner Vs. The State……………………………………Opposite Party Judgment October 20, 1983. Result: The appeal is dismissed. Cases Referred To- The appeal i...... in the F.I.R. that he saw the occurrence from the pond where he was washing his face nor did he state in the F.I.R. that he went to the bridge. He also submits that P.W. 2 Dalilur Rahman (brother-in-law of the deceased) and P.W. 4 Zaker Hossain (nephew of the deceased) did not tell the Investigatin..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....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 ......wholly misconceived and in such view of the matter the arguments of the learned Advocate for the 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 ...... A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. Result: The rule is discharged. Lawyers Involved: Fazlul Karim&m......between the parties over the same subject matter in which an order of injunction was already passed requiring the parties to maintain status quo it was held that the proceeding in question was bad in law and accordingly quashed. 5. Mr. Fazlul Karim. learned Advocate for the petitioner, has..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)
....or leave to sue afresh on the same cause of action, the plaintiff cannot be denied a substantive right to sue over a huge sum of money. To reject the application for review will be to perpetuate an injustice to the plaintiff. The plaintiff's reasons for delay in filing the application for r......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. ...... ...... the Court would have allowed the said prayer, but the failure of the plaintiff to so submit was inadvertent, unintentional and purely accidental. This, Dr. Kamal Hossain submits, is an error of law apparent on the face of the record within the extended meaning of the word 'record'. ..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)
.... include the entire properties of all the co-sharers held and possessed jointly in a suit for partition is a rule of equity and which could be relaxed when a partition might be necesesary for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......sent: Syed Muhammad Hossain J Md. Shahidul Alam Khan...........................Appellate Vs. Md. Gulzar Alam.......................................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall incl......tition is a rule of equity and which could be relaxed when a partition might be necesesary for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law shall be applied on the convenience of the parties concerned and may be relaxed from time to tim..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ......inted on the carton of the plaintiff. There is nothing resembling the picture and devices of CRESCENT AND STAR with the monogram of letters 'HB' within the black base of a triangle which are, according to the plaintiff, the distinguishing and essential features of their Trade Mark. The defen......ction) Present: Mustafa Kamal J M/s. A.B. Biscuit Co. Ltd.......................Appellant Vs. Haque Brothers Ltd...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain Internation......hat the trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by the trial Court without being influenced in any way by any prima facie finding ..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 ......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 ...... J Anwarul Hoque Chowdhury J Debabarta Chatterjee...........................Petitioner Vs. Md. Munsur Ali & others........................Opposite parties Judgment October 3, 1983. Result: The Rule is made absolute. Limitation Act (IX of 1908); Sectio......n Sardar who was his junior filed an application for time on the ground that he could not manage to engage a Senior and he was not competent to conduct the suit as there were complicated questions of law and fact involved but the learned Subordinate Judge did not grant any time and dismissed the sui..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ...... on the carton of the plaintiff. There is nothing resembling the picture and devices of CRESCENT AND STAR with the monogram of letters 'HB' within the black base of a triangle which are, according to the plaintiff, the distinguishing and essential features of their Trade Mark. The ......mal J M/s. A.B. Biscuit Co. Ltd..........................................Appellant Vs. Haque Brothers Ltd................................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain Intern......he trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by the trial Court without being influenced in any way by any prima facie finding ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....n that the pre-emptor has either lost his right of pre-emption as a co-sharer or his interest in the original jama still exists In such view of the matter I am of the opinion that for the interest of justice the applications for pre-emption should be heard by the trial court afresh. For the rea......of the opinion that for the interest of justice the applications for pre-emption should be heard by the trial court afresh. For the reasons as started above, I find substance in these Rules and, accordingly, I make these Rules absolute and set aside the judgments and orders of the Courts below ......ahmud Hossain —For Opp. Party No.1 in all the three Rules. Civil Rev. Nos. 497, 498 and 500 of 1981 Judgment Md. Abdur Rouf J.- These three Rules have been obtained by the pre-emptor-petitioner calling in question the judgment and order dated 27.12.80 by the learned Subordinate ......rstly, that the opening of two separate jamas under the State Acquisition and Tenancy Act by way of sub-division of the original jama i.e. C.S. Khatian No. 803 having not been done in accordance with law, the Courts below committed an error of law in holding that on the basis of two separate khatian..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....e had also directed the learned Munsif to dispose of the main suit within 2 months from the date of receipt of the record from his Court. If both these time-limits are not extended in the interest of justice, the plaintiff-appellant will be seriously prejudiced and will suffer irreparable loss and i...... the present the review is sought on the ground of mistake or error on the face of the record and not on the ground of a clerical or arithmetical mistake or error on the face of the decree. Therefore according: to R. 2 of Order 47, the application should have been made to the Judge, Shree ......substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on the face of......ategory-In Martial Law Order No. 40 of 1982 "any Corporation" is disjunctive from "other body or authority-Since any Corporation also includes a corporation established by or under any law martial law order So. 40 of 1982 applies to a development plan undertaken by Dhaka Municipal Cor..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......mself. Such a confessional statement which does not give a free and full account of the occurrence indicate that it was not a true and voluntary confession. Besides that it is worthwhile to note that according to the F.I.R. huge items of gold ornaments such as one pair of gold earring, ten pieces of......nce and that no conviction can be based on it unless there were other evidence on which conviction could be based and that the confession of the co-accused could only be referred as lending assurance to the conclusion in respect of the guilt of the co-accused on the basis of other evidence. Confessi......re was absolutely no evidence to involve the other accused with the alleged robbery. 10. Regarding the confession of accused Forkan Ali it is true that as against the maker his confession can in law form the sole basis of his conviction but for that also the court must be satisfied and must bel..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......rected against judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 filed u/s 53 of the Patents and Designs Act, 1911, hereinafter referred to as the said Act. 2. The plaintiff Md. Harunur Rashid is the sole proprietor of M/S. Ismail &......was disallowed but the defendant was permanently restrained from manufacturing and marketing the rest of the articles in suit so long as the copyright of the plaintiff over the same remains under the law. 7. Thereafter the defendant has preferred this appeal. The first point urged by Mr. Abdur ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......he defendant Jaha Baksha, a village money lender and as security of the loan mortgaged the suit land with him as a token of that mortgage he obtained a patta from the plaintiff dated 9.3.53 (Ext. A), according to the local custom on an oral agreement that the defendant will recovery the land wh...................Appellant Vs. Fazle Karim Biswas & others.....................Respondent Judgment August 23, 1983. Result: The appeal is dismissed. Cases Referred to- Hanif-un-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.......sirul Islam, the learned Advocate appearing in support of the appeal having taken me through the judgment of the Courts below and the evidence on record, has urged that the Courts below erred in law in not considering that the dakhila Ext. B which clearly shows payment of rent by defendant to t..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......to discharge the onus of proving possession because presumption is an inference as to existence of a fact from the existence of some other founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 ...... learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs purchased the lands in suit in Chaitra, 1364 B.S. appertaining to C.S. Khatian No. 386. After their purchase the plaintiffs grew crops therein but the defendant di......documentary evidence produced by the defendants but he rejected them as collusive and fabricated and held that the defendants could not prove their title to the suit lands. I do not find any error of law in the finding of the court of appeal below that the plaintiffs have acquired good title in the ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal rule of evidence, not one of ...... relied on the oral evidence of P.W. 2, exhibits 2, 6 series and 7 and a recital in the Kabala, exhibit-A. Mr. S.R. Pal in his short but incisive submission inexorably brought forth the errors of the law apparent on the face of the decision in arriving at the aforesaid finding which has turned the t..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
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