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Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....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......; 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 ......Opposite Party. Civil Revision No. 657 of 1982. Judgment Abdul Matin Khan Chowdhury J. — This Rule was issued calling upon the opposite parties to show cause why the judgment and order dated 29-12-81 passed by the Additional District Judge Court No. 1 Khulna in Miscellaneous App..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)
....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 .................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Invol......d Sakhawat Ali–For the respondent. Appeal from Original Order No.153 of 1982. Judgment Mustafa Kamal J.- This First Miscellaneous Appeal is directed against the judgment and order dated 24.05.1982 passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 grant..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....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......oint holding sub-section (3) of section 117 that that when an order under sub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the pu............Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarcating a joint holding sub-section (3) of section 117 that that when an order under sub section (1) has been passed subdividing a joint holding, such sub-division may be de..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....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......lt: The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Revi......t Vs. Dhaka Municipal Corporation & others................Respondent Judgment September 29, 1983. Result: The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....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...... Judgment September 8, 1983. Result: The appeal is allowed. Confessional statement of an accused can not be sole base for conviction Confession of a co-accused is no evidence and that no conviction can be based on it unless there were other evidence on which conviction could......, Advocate with Altafur Rahman, Advocate— For the State. Criminal Appeal No. 177 of 1983. Judgment Amin-Ur-Rahman Khan J. — This appeal is directed against the judgment and order passed by the Assistant Sessions Judge, Pabna convicting the accused-appellants under section ..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....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 ......hmudul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. Judgment Mustafa Kamal J.- This Miscellaneous appeal is directed against judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 f......ul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. Judgment Mustafa Kamal J.- This Miscellaneous appeal is directed against judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 filed..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....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...... Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at the instance of the defendant Jaha Baksha Par, son of late Madhu Par and on the death of said appellant his heirs namely, Mozem Par, Ahmed Ali Par and Asmani Bibi is dir......ge and subsequent reconveyance, the patta itself would not establish the real intention of the parties and that being so the oral agreement would be admissible under section 92 of the Evidence Act in order to find out from the surrounding circumstances the real intention of the parties to the contra..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....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 ......urt High Court Division (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Hossain Mia....................................Appellant Vs. Shujayatullah and others........................Respondents Judgment August 6, 1983. Result: T......ossession 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 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
.... 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...... This Case is also Reported in: 36 DLR (1984) (HCD) 235 ....... Ruhul Amin—For Opposite party No.2 Title Appeal No. 171/78 Judgment A. T. M. Afzal J. - This Rule, at the instance of the defendants 5-7, is directed against the judgment & orders dated March 27, 1979 passed by the learned Addl. District Judge, 2nd Court Comillain Title Ap..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....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......Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgment June 29, 198......overned by the principles of general law. 14. Mr. Khondker vehemently argued against the reference to general principles of law upon which the learned Judges are seen to have relied upon in order to negative the appellant’s contentions. The controversy was raised as to whether the provi..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....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...... & 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, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawy......on bail on 30.5.81 the complainant opposite party No.1 filed an application for inclusion of section 467 of the Penal Code in the petition of complaint. The learned Magistrate allowed the prayer by order dated 2.781 on 28.10.81 the records of the case were sent to the Court of Sessions for trial. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
.... 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...... ...... Ali, Md. Altafur Rahman, & Malik Syed Ahmed Advocates— For the State. Criminal Appeal No. 113 of 1981. Judgment Latifur Rahman J. — This appeal is directed against the order of conviction and sentence passed against the 5(five.) appellants by the Additional Sessions J..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....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......……………………..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 Chowdhury, Advocate— For......D.W. 1 and that of D.W.2 who sought to prove the aforesaid documents. I am satisfied that the alleged istifanama and Ekrarnama Ext. A and B were created during the pendency of the suit collusively in order to put up a defence on behalf of the petitioner. It is not necessary to make further comment i..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....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......;……….Contemners Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hos......s issued calling upon the opposite parties to show cause as to why they should not be prosecuted or proceeded against for committing contempt of Court for disobeying and disregarding the judgment and order of this Court passed in Writ petitions No.653 of 1976 and 627 of 1980. 2. In pursuance of..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....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,......e Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 19...... 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 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....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...... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......ssity in respect of the transfer in question being based on evidence on material on record 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 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....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......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal......f the Evidence Act, it is an error of law or procedure, which has been unfortunately committed by the lower appellate court in the instant case. In the result, this appeal is allowed without any order as to costs. The judgment and decree of the lower appellate court are set aside and those of t..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....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 ...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………...... of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the Magistrate must not find possessi..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....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. ......shy;take 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 the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the ......ner, but it is difficult to accept such plea because of the fact that the act was done deliberately. There is no doubt that the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the present Government the Magistra..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....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......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali......he Appellant. Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 62 of 1982. (From the judgment and order dated 9-6-81 passed by the High Court Division in Second Appeal No. 5 of 1968.) Judgment ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
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