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BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......nless proceedings therein are commenced within two years from the date when the damage or loss etc. was caused. His reference to the words used in the proviso is also of no avail because it confers power on the Court to extend two year period of limitation in accordance with Rules of Government t..........Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused......aint is barred under section 8 of the Maritime Convention Act, 1911. Application filed by the respondent No. 3 for striking out its name was however, not allowed. 9. Leave was granted to consider whether, in view of prolonged negotiations for amicable settlement of the dispu..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......mplicated out of enmity. This shall be a matter for the Court trying the accused……………………..(12) The Code of Criminal Procedure, 1898 (V of 1898), Section 202 The Magistrate's power of taking cognizance under section 190(1) in all cases, including those exclusively triable by......legation. C.R. Case No. 299(1) 82 under various sections of the Penal Code including section 302 of the Penal Code was. The Magistrate examined the complainant on oath, held an enquiry himself and took cognizance of the offence of murder and issued warrant of arrest against the accused. A pet......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......pation of the premises for over 12 years by the tenant did not bring him within the category of "Non-Agricultural tenants" and as such the protection under section 7 is not available to -him…………………(7) Case Referred to- ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ...............Respondent Judgment November 23, 1983. The Criminal Procedure Code, 1898 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person......3. The Criminal Procedure Code, 1898 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such pro......ed a Rule in Criminal Revision No. 56 of 1983 which was ultimately made absolute and the proceeding under section 145 of the Code of Criminal Procedure was quashed. 8. Leave was granted to consider whether the High Court Division was justified in quashing the impugned proceedi..Category: Criminal Law | Date: | Hits: 75
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......before a Magistrate, he may at once take cognizance and proceed with the trial or he may simply direct the police to investigate under section 156 (3) of the Code of Criminal Procedure. The statutory power of the police to investigate a cognizable offence cannot be interfered with under section 561A......d & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a d......bsp; On these facts a complaint petition was filed and the learned Sub-Divisional Magistrate sent the petition for treating it as a F.I.R. for investigation and on 10.8.76 the learned Magistrate granted the accused persons bail. 6. The accused petitioners moved the High Court Divisio..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical mistake. To go into the matter concerning its m...... 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental sli......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......f Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature of kaba......tion case, but the lower Appellate Court, namely, the Subordinate Judge took the contrary view that such a question could be determined in a pre-emption case and, on reversing the trial court's order granting pre-emption, ordered that the case should be remanded to the trial court for disposal acc..Category: Property Law | Date: | Hits: 122
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ...... of the Code of Civil Procedure. His observations are as follows: "it is true that explanation "according to law" in section 25 of the Small Cause Courts Act limits the power of the High Court in revision but the phrase "according to law" cannot be held to ......Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Ghola......ngpur Bench in Civil Revision No. 402 of 1985). Judgment: Mustafa Kamal J.- Leave was granted to the landlord-plaintiff-appellant in this appeal to consider the simple question whether ..Category: Property Law | Date: | Hits: 30
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......s Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal ......dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of ..Category: Criminal Law | Date: | Hits: 57
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
.... it is to be done by the trial Court. When a matter is sent back and the superior Court in its discretion directs that the parties be given an even opportunity to place their respective cases such discretionary order should not ordinarily be interfered with unless it causes a serious prejudice t......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. .......Plaintiff-Appellant Vs. Central Inland Water Transport Corporation Limited and another......... Defendant-Respondents Judgment March 24 1991. Cases Referred to- Mian Kamal Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs...... 2. Respondent No. 1's case for setting aside the ex parte decree is that they entered appearance in the suit through Mr. AM Rashiduzzaman, Advocate, who once informed them that time had been granted by the court for filing the written statement, but the company did not receive any other or..Category: Procedural Law | Date: | Hits: 104
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... Latifur Rahman J.- In this appeal, the accused-appellants have challenged the order of refusal to grant bail in Criminal Appeal No. 173 of 1990 by the learned Single Judge of the High Court Divi...... Latifur Rahman J.- In this appeal, the accused-appellants have challenged the order of refusal to grant bail in Criminal Appeal No. 173 of 1990 by the learned Single Judge of the High Court Divisio..Category: Criminal Law | Date: | Hits: 37
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......appellants exchanged their property in Murshidabad with said Proddyut Kumar Bose for his aforesaid Wiseghat property in Dhaka, Bangladesh. On 13.2.64 Proddyut Kumar Bose executed and registered a power of attorney (Annexure D) authorising appellant No. 1, who is the brother of appellant No. 2,...... February 27, 1990. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1-3. A......, for permission for execution and registration of the deed of exchange in their favour on the basis of the Power of Attorney executed by said Proddyut Kumar. But the Relief Commissioner could not grant the necessary permission as war already broke out between India and Pakistan on 6 September, ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ............Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For the Appellant. Bahauddin Ahm......ticle 120? 10. We shall first have a brief look at the nature of patni taluk and howla and the patni laws. 11. "The origin of most of the taluks and howlas appears to have been a grant of a considerable tract of waste land upon favorable terms as to rent to someone who underto..Category: Property Law | Date: | Hits: 28
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..........Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily includes the power of t......rder, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily includes the power of transfer of an employee from one mill to another by the BJMC. In view of the Gazette Notification issued under Article 5(a) and the provis......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......ure and proper appraisal of the trial court judgment refused to interfere with the order of acquittal. 9. The High Court Division made three propositions in defining the area for exercise of its power and authority under section 439 Cr.P.C. The relevant portion of the judgment reads thus; "It i...... No. 36 of 1984 The Code of Criminal Procedure (V of 1898) Section 439 In deciding a revision against acquittal the court of revision can legitimately examine whether correct principles relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been ......not file any appeal. By the impugned judgment and order the rule was discharged in the said revision case whereupon the appellant came to this Division and obtained leave to appeal. 8. Leave was granted to consider whether the High Court Division upon a correct view of its powers under sectio..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......on the charge of murder. In the present case, however, there was an express order of acquittal under section 302. 14. Section 417 Cr. P.C. provides for appeal against an order of acquittal and the powers of the Appellate Court in such an appeal are given in section 423(1)(a). Admittedly there w......17 and 423 The process of altering a finding in an appeal from conviction must operate only within the limits prescribed under sections 236, 237 and 238 Cr.P.C. and this process of alteration must stop whenever it comes up against a finding of acquittal and a finding of acquittal can be converted ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......1986 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Bail Rejection of the appeal for appellants non-appearance at the time of filing of the appeal without giving an opportunity to the appellants, to appear before the High Court Division, who are granted bail from the trial cou...... Bail Rejection of the appeal for appellants non-appearance at the time of filing of the appeal without giving an opportunity to the appellants, to appear before the High Court Division, who are granted bail from the trial court (however wrongly), till filing of the appeal and getting bail, is ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......side as not being permitted by law. 4. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney-General who appeared to oppose the appeal, has submitted that in appropriate cases the court has got power, and in fact has exercised power, granting bail on some reasonable condition. He has submitted......n…………………………(4 & 5) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellant. A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record, — For the Respondent. Crimina......he fine as a condition for the bail is not supportable either in law or on the principle of reasonableness. The appeal is allowed and the order for payment of fine as a condition for the bail already granted is set-aside. Realisation of fine be stayed till disposal of the appeal and the bail shall c..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......o the application for review of the said order was raised, inter alia, on the ground of limitation. The learned Single Judge observed that when a fraud is committed on a Court, the Court has inherent power to set it right and no order obtained by practising fraud on the court and on the parties shou......1908 (V of 1908) Order XXI, rule 90 The merit of the case could not be considered before deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the hold...... impugned order summarily rejected the two revisional applications filed against the judgment and order passed by the Subordinate Judge in appeal affirming those of the trial Court. 7. Leave was granted to consider the submission whether the courts below erred in failing to consider the que..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......respondents getting eviction of the appellants on ground of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V.......iffs' guardian, Dr. Aziz Meser Mohammad Ali in that the counter-foils of rent-receipts produced by the plaintiffs in support of their claim contained no signature of the tenant defendant. Leave was granted to consider the point raised by the defendant as it appeared that complicated question of ..Category: Tenancy Law | Date: | Hits: 106
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