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AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......emanded Tk. 20,000.00 from the defendant as salami whereupon he was compelled to deposit rent with the Rent Controller in Misc. Case No. 202 of 1982 and that the suit was barred, among others, by the principle of res judicata as the previous Title Suit No. 22 of 1982 was dismissed. 4. The learne......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......ed ex parte in favour of the respondent on 29.9.88 and the award was made a Rule of the Court. Another ex parte order was passed by the Court on 10.11.88 directing the appellants to pay the awarded amount to the Contractor by 30.11.88. By order dated 19.11.88 the learned Subordinate Judge, lst co..Category: Others | Date: | Hits: 88
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. ......ot been properly tried and decision in such case cannot be sustained. In the instant case the decision by the learned Small Cause Courts Judge has been arrived at in defiance of well recognised principles of law and in such a case the High Court will interfere in revision. So the contention ......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. ..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. ......t with the intention of causing it to be believed that such document was executed by or by the authority of a person by whom or by whose authority he knows that it was not executed. The underlying principle is simple. If a property belongs to A and B purports to sell it by executing a deed in hi...... ought to have been considered whether in the admitted facts of the case and having regard to the provision of law under PO 16 of 1972 as quoted above it could be said that the act of the accused amounted to creation of a false document within the meaning and definition of forgery under the Pen..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......ase and some other cases have been relied upon by the High Court Division in recording the order of acquittal in the present case. It will be for our ultimate consideration in this appeal whether the principle relating to circumstantial evidence as referred to above has been correctly followed in th...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
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. ......ed thereafter in the last part of 1357 BS and reformed in 1364 BS.Government is in possession. The auction sale was held in due conformity with the provisions of the Patni Regulations. Moreover the principle of abatement of rent as provided in section 86A of the Bengal Tenancy Act is not applicab...... such suit been brought. The sale took place on 18.5.50 and was confirmed on 4.7.50. A patni sale does not need confirmation. It becomes final and conclusive on payment by the purchaser of the full amount of the purchase money. Hence the suit should have been filed within one year from 19.5.50. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ...... the learned Judge of the High Court Division failed to presume the necessary facts which were correctly presumed in the Calcutta case and had the approval of the High Court. Mr. Hoq submits on the principle laid down in that case that the courts below and the High Court Division must be held to ......hink that due and proper importance was attached to the public documents Exts. B and C which were fairly ancient and thus had sanctity of their own. It cannot be denied however, that there was some amount of laches, either by default or by design, on the part of the defendants in that they ought..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......onus to prove its case lies on the prosecution, that Viscount Sankey in Woolmington Vs. Director of Public Prosecutions, 1935 AC 462, observed that" no matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of E...... though it is information regarding a cognizable offence leading to the cause of death of deceased Halima. It is not the First Information Report in the present case. A particular information whether amounts to an FIR or not is essentially a question of fact in a given case. In this case this exhibi..Category: Criminal Law | Date: | Hits: 49
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 ......appeal altered the conviction of Lakhan from section 302/149 I.P.C. to one under section 326 I.P.C. maintaining the sentence of life impriÂsonment. 20. It was held that the case is covered by the principle laid down in the case of State of Andhra Pradesh Vs. T. Narayana AIR 1962 S.C. 240 and tha......ase of Kishan Singh vs. The Emperor, 55 1.A.390 that when a person is tried for the offence of murder under section 302 Penal Code and is convicted under a lesser section (in that case it was 304) it amounts to an acquittal on the charge of murder. In the present case, however, there was an express ..Category: Criminal Law | Date: | Hits: 55
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
.... hearÂing by the High Court Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four installments within the time specified in the order of bail and warned that in case any of the insta......de of Criminal Procedure, 1898 (V of 1898), section 426 Condition of payment of fine for bail Order for payment of the 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 ......peal which was admitted for hearÂing by the High Court Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four installments within the time specified in the order of bail and warned th..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 ......sale but a clear and definite knowlÂedge of the facts which constitute the fraud before time can run against him. 11. It will be seen that in the facts and circumÂstances of the present case the principles referred to in the said cases nave no manner of application. The appellant could not prov......upon which the question of limitaÂtion depends. It is difficult to follow his argument, because the merit of the case could not be considered before deciding the question of limitation as that would amount to putting the cart before the horse. Mr. Chowdhury in course of his submission has stress..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there apÂpears 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......to the said observations by submitting that the suit for eviction at the instance of the wife and son of Dr. Aziz Meser Mohammad Ali in whose name the kabalas stand is in any case maintainable on the principle that a benamdar is a trustee for the beneficial owner and he represents the real and benef......ng the 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..Category: Tenancy Law | Date: | Hits: 106
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.  Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......verything binds the appellants hand and foot by its own conduct disentitling them form any relief. No illegality has been committed in passing the order by the government and there is no violation of principle of natural justice and no question of estoppel. Hence the appeal is dismissed…………â......ed the disÂputed fishery. It was further claimed that after the exÂpiry of the lease on 30th Chaitra 1391 B.S. appelÂlant Society had no possession of the fishery and its claim to have invested an amount of Tk.1,00,000/-for the preservation and maintenances of the fishery afÂter it had received ..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 ......11 years after the delivery of possession was made in the aforesaid certificate case. The plaintiff-respondents filed objection in Miscellaneous Case No. XII-37 of 1973-74 and deposited the aforesaid amount upon which the Circle Officer (Revenue) set aside the auction sale. In the meantime, however,..Category: Property Law | Date: | Hits: 35
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......2 in the absence of any objection raised by the pre-emptee in that behalf. The point could, be raised by raising an issue of fact which the pre-emptee never did at the revision stage and upon general principle he is not permitted to raise any issue of fact for the first time before this Division. ......In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..Category: Procedural Law | Date: | Hits: 92
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 ......4. It is well settled that it is the trial court which had the opportunity of seeing the demeanour of the witnesses and the assessment of such evidence need not be lightly interfered with unless some principles of law are attracted for doing so. The High Court DiÂvision in a well considered judgmen......t appears to us that concurrent finding was clearly based upon a misconception of the facts or was so patently impossible or was so clearly opÂposed to physical laws that to leave it unaltered would amount to perpetuating an injustice. In such circumstances this Court ought not to have any hesiÂta..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 ......llified the issuance of the orÂder of the rule itself and that begs the question whether the satisfaction in granting the rule and vacating the ad-interim stay could be justified on the well settled principle of judicial discreÂtion. Points merit consideration. Leave is grantÂed." 7. Along ......le Court was of no avail and use. 11. Syed Ishtiaq Ahmed, Counsel for the appel-quite vehemently deprecated the defiance shown by the respondents as just mentioned and submitted that their conduct amounted to obstruction of the course of justice and they were, therefore, guilty of gross contempt ..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. ......sed. 8. Leave was granted in each of these cases to see whether the interpretation put to the Rules of 1984 by the High Court Division is correct, reasonable and in accordance with the established principles and rules of construction. In addition to this question as to interpretation, another gro......f the new Rules, that is, 20.7.84. But charged, for the impugned orders were passed severÂal months after 20.7.84. The learned Judges did not accept this interpretation and observed that "this would amount to rule making" on the part of the court. The learned Judges further observed: "We cannot ..Category: Employment/Service Law | Date: | Hits: 110
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. ......to have retrospectively abated. In support of the judgment of the High Court Division the learned Counsel submitted that the suit having been disposed of long ago and therefore, being not pending the principle that appeal is the continuation of the suit is not attracted in the present case for direc......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
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 ...... 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 ......quisition of Property Act, 1948 in favour of the plaintiff to whom delivery of possession was made in terms of a bilateral agreement between the Government and plaintiff. Government received the full amount of compensation paid to the owner with capitalised valÂue from the plaintiff. Since then pla..Category: Property Law | Date: | Hits: 47
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