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Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......................Respondents Judgment April 20, 1986. Civil Appeal No. 18 of 1986 The Evidence Act, 1872 (1 of 1872), Section 115 Pleading unawareness is one of the most convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, h...... Government and a demand notice for justice urging upon the GovernÂment not to lease out the fishery to any other perÂson. 4. On behalf of respondent Nos. 1 and 2 it was stated that no lease was granted to the appellant by the letter dated 13th March 1985 and no legal right accrued to the appel..Category: Property Law | Date: | Hits: 34
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ...... officer, the plaintiff-respondent filed this suit after the limitation has well-expired. This suit is not maintainable. The appeal is allowed and judgement of the trial court dismissing the suit, restored…........(14,15,16,17) Lawyers Involved: Md Nurul Huq, Advocate-on-Record - For the Appe......Circle OffiÂcer, (Revenue), Rajoir, Madaripur on 9th June 1967 in respect of 9, 14 decimals of land as described in the Kha Schedule land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant Nos. 1 and 2 are ilÂlegal, void and without ..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......r structure taking permission of the Executing Court……………(2) To ascertain value of the part of the judgment-debtor's building so as to compensate him at plaintiffs' cost falls outside the power of the Executing Court and as such the order appointing an Advocate Commissioner has been righ......na Khanam, DefenÂdant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI In a decree of pa......ate Commissioner has been rightÂly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......al Appeal No. 26 of 1984 Judgment Shahabuddin Ahmed J. - The question inÂvolved in this appeal by special leave is of consideraÂble public importance. It is whether the Sessions Judge has got power under s. 439A, Criminal ProceÂdure Code or under any other provision of the Code to direct a ......he witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the only course for the Sessions Judge was to direct further enquiry under section 436 Cr. P.C..………………(7) Lawyers Involved: ......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......he State……………………………………Respondent Judgment March 15, 1988. Criminal Appeal No. 18 of 1987 The Code of Criminla Procedure, 1898 (V of 1898), section 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good a...... order dated 21.7.87, rejected the prayer on the grounds that he was absent during trial and that his Admit card showed that the date of appearing at the examination expired long ago. 5. Leave was granted to consider whether the appellant's bail was properly refused upon a correct assessment of t..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......islature". Section 195 (1)(c) purposely puts a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in t...... (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the literal. Construction results in contradiction or leads to absurdity, which could not have been the intention of the Legislature, then the rule of literal c......o the institution of the civil suit-the suit was filed on 1 June 1975 it could not be said that the offence was committed by a party to the proceeding as contemplated in section 195(1)(c). Leave was granted by us to consider the legality of the orÂder of the High Court Division in view of the fact..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......es of the accused were only disclosed after 5 days. The trial court was conscious of the fact that the hostility developed over the lease of a Hat beÂtween the two rival groups and they were equally powerful in the locality. Hence the trial court considÂered the delay is of no consequence in view ......s no confession in the eye of the law as the maker did not implicate himself in the commission of the alleged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustainin......f the accused in the commission of the crime and found two accused innocent accordingly dismissed the appeal in part while acquitting Hira and Fira by alÂlowing their appeals. 5. Though leave was granted to consider the question of omission of the names in the F.I.R. and subsequent mentioning of..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......6. The Code of Civil Procedure, 1908 (V of 1908), section 151 Exercise of discretion It cannot be conceived that once a stay order is passed by the High Court Division it loses its discretion to vacate the same, even if it is satisfied that the same should be vacated. Further, in view of the...... Writ-Petition No. 307 of 1985 on 12th September 1985 vacating the order by the same Bench on 5lh September 1985. 2. Appellant which is a registered Samity under the Co-operative societies Act was granted lease of five Fisheries in Charandwip mouza within Chokoria Upazila in the District of Cox's..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......ve come into existence after the decree appealed against; consequently, the appellate court is compeÂtent to take into account legislative changes since the decision in appeal was given and that its powers are not confined only to see whether the lower courts' decision was correct according to law ......nts were not drawn the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were drawn under the Rules of 1976 and were pending when the Rules of 1984 came into force. In the provisions for automatic disposal under the Rules of 1984 the qualifying clause "as...... impugned orders disposing of the proceedings beyond the specÂified periods do not suffer from any legal infirmity. In this view of the matter, all the Writ petitions were dismissed. 8. Leave was granted in each of these cases to see whether the interpretation put to the Rules of 1984 by the Hig..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......l has expired, and all appeals have been disposed of, and Whereas the event necessary in the case unÂder section 19 of the aforesaid Act have occurred. Now, therefore, in exercise of the power conferred by section 20 of the Indian Forest Act, 1927 (XVI of 1927), the Governor in Counci......cannot be held that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ...... been given under Article 102(2) (a) Clause-(I), inasmuch as, it could not be argued that the learned Sessions Judge was not permitted by law to do what he did. The learned Sessions Judge was givÂen power under section 439A Cr.P.C. 10. Next, could the appellant invoke clause (ii) "declaring that......aying that the appellant had another remedy e.g. by instituting a suit in the competent court, the writ petition was inappropriate. The appeal is dismissed……………..(6,7 & 13) Cases Referred to- Shahjahan Sheikh and others Vs. The Sessions Judge, Pirojpur (Criminal Appeal Nos. 48 and 49 ......n No. 435 of 1985.) Judgment: Badrul Haider Chowdhury J. - This apÂpeal by special leave is directed raglans the order of the High Court Division in Writ Petition 435 of 1985. 2. Leave was granted to consider the question whether the High Court Division was justified in reÂjecting the pe..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......r the quesÂtion whether the trial Court which, having been satisfied that the summons was duly served upon the defendant recorded a finding to this effect and passed the decree, has, thereafter, got power to go against its own finding and set aside the ex-parte decree when the defendant did not app.......................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this ......application, under section 115 of the Civil P.C, before the High Court Division, which was dismissed by a learned Single Judge of the High Court Division by order dated 6 April, 1986. 2. Leave was granted by us to consider the quesÂtion whether the trial Court which, having been satisfied that t..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......y the plaintiff-respondent Mills, this could not, for reasons stated above, be granted, because directions for payment of rent as made therein are intra vires the provisions of law. Government has no power to grant exemption from payment of rent in respect of lands mentioned in secÂtion 22 of the A......y Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act ......the letter dated 28th November 1960 as illeÂgal, without jurisdiction, null and void, but even if such prayer was made by the plaintiff-respondent Mills, this could not, for reasons stated above, be granted, because directions for payment of rent as made therein are intra vires the provisions of la..Category: Property Law | Date: | Hits: 47
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......ant' license were there in the report, notes and recommendations made by the officers with whom the Minister only agreed. The question, there-fore arises, is it imperative that the person/authority empowered to take action must himself or itself record the reasons for cancellation and finding as to ......espondents
Judgment
July 29, 1987.
Result:
The appeal is allowed.
The Arms Act, 1898 (XI of 1878), Sections 16 & 18
In the facts of the case we think it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought ......
7. The High Court Division by the impugned judgment and order discharged the rule upon finding that the order of cancellation of license was neither illegal nor malafide as alleged.
8. Leave was granted to consider several contenÂtions but the appeal, was pressed mainly, on the ground that the..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......ity of being heard to the elected commissioners. They must have an opportunity before an action is taken. Section 133 contemplates an enquiry and sub-section (2) the enquiry officer shall have the powers of the Court under the Code of Civil Procedure 1908 to take evidence and to compel the attend...... for his removal which is authorised by law. But certainly the Paurashava a corporate body which is elected by direct adult franchise cannot be superseded without giving an opportunity of being heard to the elected commissioners. They must have an opportunity before an action is taken. Section 133 c......nt Badrul Haider Chowdhury J.- This apÂpeal by special leave is directed against the judgment and order passed by the High Court Division, Dhaka, in Writ Petition No. 57 of 1987. 2. Leave was granted to consider whether before passing an order under section 135(1) of the Pourashava Ordinance..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the pe......ted in representative capacity O.C. Suit No. 244 of 1958 in the 1st Court of Munsif, Kishoregonj for declaration of their right of way, right of drainage and right of pasturage on the basis of a lost grant and customary right, and for permanent injunction. Their case is that the villagÂers of Paikp..Category: Civil Law | Date: | Hits: 113
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......itizenship of Bangladesh Now, therefore, in pursuance of the ProclamaÂtion of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the followÂing order :- 1. ......impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of th...... at Gulshan Model Town, Dhaka is not an abandoned property and directÂing the appellant to restore the possession of the same to the respondent within three months thereof. 2. Leave no appeal was granted to consider the only point of public importance as quoted below: "For that the respondent..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......ssain...............................Respondent Judgment January 18, 1984. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a t......statement. Their contentions were that they took lease of the premises in the month of June, 1971 and according to an oral agreement reÂspondent used to collect rent of several months toÂgether and grant receipts ante-dating them month wise. Defendant appellants never failed to pay rents to the re..Category: Tenancy Law | Date: | Hits: 112
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......s heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of oral evidence as hel......wfully admitted into evidence on behalf of the apÂpellants but could not be considered for want of oral evidence, we think that the suit being a partition suit, the High Court Division ought to have granted the prayer for remand made before it. It is desirable that the dispute between the co-sharer..Category: Property Law | Date: | Hits: 34
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ...............Respondent (In both appeals) Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual positi...... 10. Mr. M. Nurullah, learned Attorney-General appearing for the appellant, submitted that the conclusion of the High Court Division is founded on certain surmises and pointed out that the leave was granted to consider the question whether the plaintiff could make any claim in view of the express s..Category: Property Law | Date: | Hits: 39
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