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Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....vision, the High Court Division considered the provision of Order 41, rule 27 C. P.C. and observed as under: "Additional evidence cannot be taken unless the court finds that there is some inherent defect or lacuna in the evidence for which the court will not be able to pronounce its judgment prop......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ...... Indian Evidence Act, though they are not conclusive proof of the matters admitted. We are of opinion that the admissions duly proved are admissible evidence irrespective of whether the party making them appeared in the witness box or not and whether that party when appearing as..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......rst proviso to article 6A (3) inserted in President's Order No. 5 by article 4 of President's Order No. 91 of 1972 resulted in the abatement of the appeals. It is submitted that Government is not a party in these appeals, but the officers of the Government are parties and the relief contempl..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....of an erroneous finding of fact, however gross and inexcusable the error may seem to be, unless there is an error in the procedure provided by law, which may possibly have produced an error or defect in the decision of the case on the merits." in the instant case it has been argued tha...... an error or defect in the decision of the case on the merits." in the instant case it has been argued that onus has been wrongly shifted on the appellant but it should be remembered that the party who alleges forgery must lead evidence in support thereof. In the present case the Courts bel..Category: Business or Commercial Law | Date: | Hits: 113
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
.... be instituted by two only. The suit as instituted must conform to the consent. On the other hand if the three persons join as plaintiffs and two of them die pending suit, the suit does not become defective or incompetent. There is no provision whatever in the Code for recourse being had to th......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....t. A "remedial enactment" is one which improves and facilitates remedy already existing for the enforcement of an existing right and for the redress of wrongs or injuries, as well as to correct defects, mistakes and omissions in a former law: See Crawford, section 73 at page 105. Such an enact......he Constitution that this petition for special leave to appeal was lodged. Subsequently, on the 25th August, 1973 the petitioner filed an application for joining the Government of Bangladesh as a party respondent in the petition. A copy of this subsequent application having been served on Govern..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......1972 and the fact that the ownership, dominion and control of the properties and assest of the firm came to be vested in the Government of Bangladesh thereunder, the said Government was a necessary party in the application before the High Court Division and whether on account of the failure of the..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......se on the Constitutional Limitations" at page 345 mentions that "As a general rule the protection of personal liberty rests with the States, and to the State Courts the party must apply for relief on habeas corpus when his liberty is restrained. The jurisdiction of t..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......al possession of the subject of dispute on the date of the preliminary order passed under sub-section (1). The first proviso of sub-section (4) makes an exception to this rule in favour of the party, which has been forcibly and wrongfully dispossessed within two months of the date of t..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....which a contrary view was taken. Hence this contention also fails. 5. It was next contended that the examination of petitioner under section 342 of the Criminal Procedure Code was defective. This contention was also taken before the learned Judges of the High Court who observed ......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......red under Section 426 of the Code was considered in the case of Haji Md. Akil Vs. The State reported in 25 DLR page 126 by a Division Bench of the High Court of Bangladesh, to which one of us was a party in another capacity, and it was held therein that since the provision of Section 426 of the Co..Category: Criminal Law | Date: | Hits: 104
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......tration Act was completed on 24-10-57 and as per section 54 of the Transfer of Property Act the sale was complete on 24-10-57. The learned Munsif dismissed the suit on the finding that neither party's case being that possession of the property was delivered on the date of sale, that is, on 1..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......the Kol-karsha. But their evil design was foiled when they, defendants, got the auction-sale set aside by filing an application under section 174(3) of the Bengal Tenancy Act making the plaintiffs party thereto. 4. The trial Court dismissed the suit holding, among others, that the pl..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......e prosecuting of the complaint but it does not end there and is not limited to the prayer contained in it. As the application of the rule of absolute privilege in English law to words spoken by a party in the ordinary course of any proceeding before any court or tribunal is recognised by law..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......respondent on the sale of a portion of the holding remains un-affected by the sub-division of the holding under the order of Revenue Officer, vide exhibit 'B' as the respondent who was not a party to proceeding before a Revenue Officer is not bound by such order and is not required t..Category: Property Law | Date: | Hits: 47
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......at he is a co-sharer in the kabala land that was executed on 26.3.58 without serving any notice of transfer and as such he is entitled to pre-empt the same. 3. The appellant-purchasers opposite party contested this case on the ground that the petitioner is no longer the co-sharer in the holdin..Category: Property Law | Date: | Hits: 48
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ...... Khondker is of the view that no application for execution of a decree can be filed without a copy of the decree. It is also not the duty of the court which has passed the decree to compel any party to put in the required stamped-paper within a particular time for drawing the decree. If the ..Category: Procedural Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....d but was not given any notice of the transfer to a stranger. The transferee, Who is the appellant here, contested the application contending, among, other things that the application suffered from defect of parties in that a number of co-sharers by inheritance were not impleaded in the appli&sh......or non-impleading a person at contemplated in sub-section (2) is the invalidity of the order which may ultimately be made in the said proceeding. The question whether a person is a necessary party under sub-section (2) is a question of fact and the object of this provision seems to provid..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... with the property cannot be deemed to claim any interest in the estate of the deceased. Since the petitioners does not claim interest through the testator they got no locus Standi to be added as a party to the probate proceeding……..(8) Lawyers Involved: Md. Abdul Rouf, Advocate, instr..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....vernment's power to retire a person should be exercised. If this is so, the law needs not be struck down, and while giving relief to the appellant on the other ground an observation pointing out this defect in the law would serve the purpose. According to established principles of interpretation c......ct was not ex facie discriminatory inasmuch as it has been made applicable to all government servants and it contains an element of mutuality ;(iii) when a law was not ex facie discriminatory, the party challenging its constitutionality must show that it had been administered in an unjust, disc..Category: Employment/Service Law | Date: | Hits: 180
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