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Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... the word does not attempt to put any narrow construction and that it is the duty of the Court to put such construction on statutory provisions as it appears to it to be most in accord with reason, justice and fairness and to avoid such construction as may cause hardship and injustice. The Supr......as wrong in not holding that the provisions of section 108(e) of the Transfer of Property Act, and not the doctrine of frustration as contained in section 56 of the Contract Act applied. Further, according to him, principles enunciated in Golam Rahman Sowdagar Vs. Imratannessa, 22 DLR 126 did ......s for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpose it is let, in which case the tenant has as option to terminate the lease. Section 108 (e) of the Transfer of Property Act does not deal with the case......d. The suit premises, however, remained vacant and in possession of the plaintiff-respondents. Defendant-appellants in collusion with each other and ignoring the plaintiff’s protest and also the lawyer’s notice, wrongfully reconstructed new huts and houses on the premises and refused to deli..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....d 5 had requested him to pray for some time so file a counter affidavit. As though we had passed an order on 10.5.83 that no further adjournment would be given, we made a departure in the interest of justice and allowed 3 days time to the opposite party Nos. 4 and 5 to file a counter affidavit. The ......whatsoever in support of his aforesaid contention. To allow the proceeding to continue in such a situation will be to allow the accused petitioner to be tossed about by the complainant opposite party according to his whims and caprices. The prolongation and continuation of the proceeding against the......……………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, G......aid Maqsood Alam with regard to the premises in question. The said deed of lease is void. The execution of the said deed of lease is an act of forgery and it conferred on Maqsood Alam no title in law. The state sustained a wrongful loss of about Tk. 50.00.000/- thereby in addition to the loss by..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....rned advocate for the appellants. In this connection, it may be pointed out that the law Reforms Ordinance, 1978 came into being to amend certain law for the purpose of quick and easy dispensation of justice by providing some amendments in the procedural system. Thus we find that the legislature in ...... after the accused persons pleaded not guilty with the charge and claimed to be tried. According to Mr. Azizul Haque, section 4 of the law Reforms Ordinance contemplates that the trial should be held according to the old Code of Criminal Procedure as if no amendment has been made and in that view he......………………………………..State Judgment May 12, 1983. Result: The Appeal is dismissed. Cases Referred to- 6 DLR Dacca 647; 10 DLR 61; 19 DLR (SC) 241. Lawyers Involved: Azizul Haque with ...... started in the case on 16-3-1981 after framing of the charge and after the accused persons pleaded not guilty with the charge and claimed to be tried. According to Mr. Azizul Haque, section 4 of the law Reforms Ordinance contemplates that the trial should be held according to the old Code of Crimin..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......n & others………………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhur......ssers bedside neither their predecessor nor they entered the premises wrongfully, and so their continuance in the premises will be that of a tenant by sufferance, which is a concept under the English law. It has been held further that such a tenant may be ejected at any time without demand of posses..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......li, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hossain Amin, Altafur Rahman and Md. Sajjad Ali, Advocates — For the Contemners. Sultan, Ahmed Deputy Attorney General as Amecus Curie. Civil Revision No. 36(w) of 1983. Judgment Latifur......Division of the Supreme Court of Bangladesh. The said deed of exchange dated 20-8-65 was declared to be a genuine document and the actions of the respondents were treated as arbitrary and without any lawful authority by the judgment of this Court in the writ petition No.653 of 1976 on 12th July, 197..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debuttar property belonging to the deity......s 'Kali Bari' was owned and possessed by Hemangini as a Shedait. 8. In Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli reported in AIR 1974 Calcutta 126 B.C. Mitra, J held that the law recognises the power of a shebait to alienate the debuttar property in particular circumstances,..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......an Halder..................Appellant Vs. Shubbadra Bachar & others............Respondent Judgment March 23, 1983. Result: The Appeal is dismissed Cases Referred to- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ......ed Appellate Court the plaintiff has filed the 2nd appeal. 3. Mr. Latifur Rahman, the learned Advocate has appeared on behalf of the appellant. He submits that the lower appellate court erred in law in reversing the judgment and decree passed by the learned trial court without reversing his fin..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......lip;……………………………Respondent Judgment March 18, 1983. Result: The Appeal is allowed. Cases Referred to- Erfan Ali Vs. Ali Joinal Abedin Mia, 1983 BLD (AD) 342; Sk. Abdul Latif Vs. Abdul Malek Kaz......lf of the plaintiff-appellant has urged that on the face of preponderance of evidence on record which he has referred to, in the course of his submission, the lower appellate court erred in law in not holding that the tenancy of the defendants was not annulled. 8. Mr. Md. Latifur Rahm..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ...... Judgment March 9, 1983. Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Pr......e paddy in question over which the apprehension arose as to breach of peace. The learned Magistrate further ordered that the first party will be in possession until or unless evicted in due course of law. The members of the second party were forbidden to disturb the possession of the first party in ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....er of the Sessions Judge. Since under the new dispensation of the present Government the Magistracy has been vested with wider responsibility and accountability in the administration of criminal justice, such reckless act on the part of a 1st Class Magistrate cannot be treated lightly…&h......3. In that view the contemner is seriously warned not to repeat again this sort of reckless act in future under any circumstances. With this warning the contemner is let-off. This Rule is disposed of accordingly. 4. Let a copy of this order be forwarded to Secretary, Cabinet Division, Governmen......r cancelled the bail of one accused Ayub Ali knowing that he was granted bail by the Sessions Judge earlier. Although the plea of mistake is taken by the contemner, but it is difficult to accept such plea because of the fact that the act was done deliberately. There is no doubt that t......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....rdinarily called ‘mixed question' of law and fact. In those cases the High Court's interference with the decision of the lower appellate court may be warranted to prevent miscarriage of justice. 14. In the well-known case of Sm Bivabari Vs. Ramendra Narayan, AIR 1947 PC 20, the Pr......rty and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51. Ext. 1, in favour of one Sekandar giving him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting of all the three plots to the plaintiff by executing a......represented by his legal heirs Golenur & others…………… Respondent Judgment March 9, 1983. Result: The appeal is dismissed. Cases Referred to- Midnapur Zamindary Company Vs. Uma Charan, AIR 1923 PC 187; Durga Chowdhurani Vs. Jewahir S......onsidered and re-assessed the entire evidence in second appeal as if it were a first appeal, whereas such re-assessment and reconsideration of evidence on a question on fact is strictly prohibited by law. The learned Counsel has argued that there was no illegality in the decision of the lower Appell..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. .............Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. ......it under section 9, C.P.C., but more akin to the proceeding under section 115, C.P.C., that only those provisions of the C.P.C. which are procedural and not in the nature of the substantive law may apply and that those provisions laying down penalties for failure to comply with the provisi..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......ellip;…………………………Opposite Party Judgment February 6, 1983. Result: The Rule is discharged. Cases Referred to- 25 DLR at page 248, 476; Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madra......sional application and obtained this rule. 6. Mr. Syed Shamsur Rahman, the learned Advocate has appeared on behalf of the petitioners. He submits that both the Courts below committed an error of law dismissing the suit of the plaintiffs in as much as the order of acquisition of the suit land is..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
.... the court shall not impose a sentence for contempt of court unless it is satisfied that the contempt is of such a nature that it interferes or tends substantially to interfere with the due course of justice."
We ourselves have taken the view that this is mere an adhoc arrangement for the ......tter and spirit would not in my opinion bring the respondent within the ambit of contempt of court In my opinion, the facts, as they are, call for giving benefit of doubt to the defendant and I would accordingly pass the order.
Shahabuddin Ahmed J. - This is a petition for committing respondent......ioners
Vs.
Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent
Judgment
February 1, 1983.
Result:
The petition is allowed.
Cases Referred to-
Matilal Ghose and others, 45 Cal. 165; Onish Vs. Dulla Mia, A.I.R. 1969 Delhi 214; Express ...... 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)
....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. ......al right to the grant from nomination in the will. While in the other case the grant is by reason of the Court. In either of the cases purpose of the grant is to administer the estate of the deceased according to the provision of the will. In the will in question Digindra has been nominated at secon......TM Masud J Khitindra Chandra Bhattacharya and another…………….Appellants Vs. Jalada Devi…………......................Respondent Judgment January 16, 1983. Cases Referred to- Sarat Chandra Banerjee Vs. Nani Mohan Banerjee, 36 Cal. 799; Haripada Saha and another Vs. ......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)
....erent powers to review and restore the Criminal Revision case. The order dismissed for default when it was neither heard nor disposed of on merits, the petitioner in all fairness and for ends of justice should be afforded an opportunity of being heard in the matter. Cases Referred to- ...... 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. ...... Fariduddin Ahmed & 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- ...... 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)
....…Opposite Parties Judgment December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admi......side and the learned Additional District Magistrate of Dinajpur is directed to dispose of Appeal No.4 of 1982 on merit in the manner indicated herein-before. This application is thus disposed of accordingly. 9. Let a copy of this judgment be forwarded to the Secretary, Cabinet Divisio...... December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admission but the Court must give its reas......dinate to the District Magistrates. 5. In the present case, the learned Additional District Magistrate without admitting the appeal passed the following order:- "Heard the learned lawyer. I find no ground for its admission. Hence rejected. This order shows a total non application..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... 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. ...... 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. ......second prosecution is based on a fresh complaint, it will be valid because the Magistrate does not preside over the same proceedings. He takes cognizance of the same offence but in a different case altogether. He is functus officio in so far as the first proceedings are concerned but he is not funct......xclusively by the Court of Sessions coming within the ambit of clause (b) of Section 190 Cr.P.C., the Magistrate after the amendment omitting enquiry under Chapter XVIII Cr.P.C. is required under the law to send the case to the Court of Sessions for disposal in accordance with law. In a complaint ca..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-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. ......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. ......; others………………………Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre....... 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. The pre-emptee contested the proceed&sh..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......s for proceeding against him the Court may discharge the accused or send the 'petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2(A) of section 202 Cr.P.C." The next impugned o......ute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. Shehabullah, Advocate— For the Complainant-Opposite Party No.2. AFM Shahid, Assistant Attorney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ......;ceeding against him the Court may discharge the accused or send the 'petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2(A) of section 202 Cr.P.C." The next impugned order is dated..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
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