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Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip...... preferred by Bangladesh from the common judgment and decree of the High Court Division dated 2.8.93 in First Appeal Nos. 181 of 1990 and 30 of 1992 dismissing both. 2. Admittedly, the suit property, to wit, a two- storied building with other tin shed and structures being House No. 145A. ......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....the SDO Dacca. He visited the place of occurrence, prepared a sketch map with the index and also examined witnesses under section 161 of the Code of Criminal Procedure. After the investigation was completed the said Mujibar Rahman obtained an order of sanction from the Superintendent "of Po......l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos. 290 and 362 of 1967. Revision No. 568 of 1967 Judgment: &nb......ellant to show cause why the sentence of rigorous imprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which led to the trial of the accused appellant Abdul Gani on a ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......s and one month shall run consecutively. Ed. ......urrence took place in their kalai field at some distance from the ditch when the informants cattle trespassed into the field and, as such, the assault was in exercise of right of private defence of property and was justified. The learned Magistrate thought that this plea was not true and, on con......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....e. Consequently, it was void being in contravention of the provisions of section 75A of the East Bengal State Acquisition and Tenancy Act, 1951. The learned Munsif thus found that the plaintiff was completely devoid of all titles to the properties in suit with the result that there was no relatio......reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ......ase terminated or plaintiffs title continued. This is a question which may be and ought to be determined in the present suit and it will be unfair to drive the plaintiff to go in for a title suit proper. I am, therefore, of the view that the suit is maintainable in the present form and the i...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....s got no title in any land of the 1st Schedule or in any house mentioned in schedule No.4 of the plaint. The defendant previously started construction of a building for his residence but could not complete the same as the plaintiff being envious raised a false claim. His further case as regards ...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv......nce of the defendant No. 1 is against the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Mohd. Idris Ali the pred......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....ner. It is not claimed on behalf of the respondents that any notice or any opportunity was given to the petitioner to meet these allegations. It is obvious that the inquiry and the report was made completely at the back of the petitioner. Nowhere in the affidavit-in-opposition it has been stated......p; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. ...... co-sharers at the time of disbursement of compensation money. On receipt of this letter the respondent No. 2, the controlling authority, requested the respondent No. 1 to convene a meeting to take proper step, for removing the petitioner. Thereafter, the Deputy Commissioner, Khulna who is also ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......e court concerned. Ed. ...... on behalf of opposite party No. 2, on the other hand, contended that if the Sessions Judge found that the offence was triable exclusively by the Court of Sessions and the learned Magistrate had improperly discharged the petitioner, then he was entitled to exercise his jurisdiction under section...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....id to be a continuation of a suit or is included" within the word suit. The legislature when it provides a hierarchy of tribunals for the determination of a dispute is really providing one complete procedure for such determination, proceedings before different tribunals being only steps......ed application is also thus disposed of. Ed. ...... Justice Cornelius (as his Lordship then was) held : "Plainly there are substantial differences between the two suits. Whereas the first suit was for a mere declaration that the properties in suit were waqf and in consequences, alienations thereof by certain persons were void...... June, 1969 by the petitioner with a prayer that the said Rule may be extended to cover the final disposal of the subject matter of the aforesaid Title Suit No. 114 of 1965 which is now pending for adjudication in Title Appeal no. 229 of 1968 before the 4th Court of Subordinate Judge- Dacca bein..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....gonally woven single layer matting as per direction 3,17,000 sft. at Rs. 22/- per sft. 2. Supplying 2-1/2" to 3-1/2" dia full bamboo walling pieces including fitting, fixing complete excluding cost of nail 3640 sft. at Rs. 15/- per running feet. 3. Supplying a......red to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchan......on of the Superintending Engineer of the Circle for the time being in the manner provided by law relating to arbitration for the time being in force who after such investigation as he may think proper shall deliver his award which shall be final, conclusive and binding on all parties to this......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......I leave the parties to bear their own costs. Ed. ......, who was a reputed lawyer of the Narail Bar, died in Agrahayan, 1363 BS leaving her as the sole her as she was the only married daughter capable of bearing a child. Accordingly, she inherited the properties in question from her father and has been possessing the same through bargadars. The alle......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
.... when the appellant was waiting at the Mirpur Depot of the EPRTC at about 1-30 PM, an EPRTC bus being EDB 9127 came from the west and knocked him down from behind as a result of which his left leg completely went under the wheel of that bus and he was injured severely in various parts of the bod...... M A Aziz - For the Appellant. Abdus Subhan — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commissioner, Workmen's Compensation, Dacca, dated the 19th day of June, 1967 in Workmen Miscel......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....mises but in paragraph II of the written statement filed by the defendant 2 the case set up by him is that he was never in possession of the disputed premises and thus he pledged therein a case of complete disclaimer as regards possession. The case of the defendant 2 is that his son defendant 5 ......15 of the Letters Patent is refused. Ed. ......at naught; and in the said criminal case the principal defendants disclosed for the first time that defendant No. 1 executed a kabuliyat in favour of defendant No. 3 The plaintiffs thereafter made proper enquiries and obtained the certified copy of the kabuliyat which is dated 6.9.46. It is asse...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ....../- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......t in his decision on this point. The learned Subordinate Judge was wrong in holding the award is binding on the plaintiff as next reversioner inasmuch as the reversioner has no vested interest in the property. This finding of the learned Subordinate Judge is uncalled for and without any basis or the......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......he case. Ed. ......we are unable to agree with the learned Deputy Legal Remembrancer. 18. For the reasons stated above, the order of conviction, we think, should be an order for retrial of the accused under a proper charge. 19. In view of the order we propose to pass we thought it was neither necessa......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown,......for Pabna on a visit to his sister's house, so he was not in any way connected with the occurrence. The further defence appears to be that deceased Maleka Khatun was to get a share of his paternal properties now in possession of her step-brother Hobi Durani. That Chunnu, the nephew of Hobi Duran......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......Court High Court Division (Special Original Jurisdiction) Presents: Siddiky CJ Kemaluddin Hossain J Pak Waterways..........................Petitioner Vs. EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This applicati...... Authority after observance of all formalities with the prior concurrence of the Director of Ports and Traffic". From the time-table annexed to the petition it is clear that it was granted by the proper officer oil behalf of the Authority. The contention of the learned Advocate for the petitione...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......l) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners V......said company. Section 25(3), therefore, cannot have any manner of application where a corporate shareholder nominates a director to the Board of a financial institution to represent it. It is only proper and legal that petitioner No. 1 company is represented by its own directors in the Board of ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......l CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Result: Both the ap......aneous Case to have become infructuous finding that the victim girl was presently in the judicial custody by order of the Appellate Division and as such, her present custody could not be held to be improper or illegal. The High Court Division by the same judgment dismissed the appeal, Criminal Appea......t of the later is more acceptable. Thus finding the victim girl minor, she should be delivered to the custody of her father with option to produce the victim before the court as and when required for adjudication………………………(19) Lawyers Involved: MA Wahhab Miah, Advo..Category: Criminal Law | Date: | Hits: 71
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ord......….(11) ()ii Before opening the election materials for recounting of ballot papers the Election Tribunal is to satisfy itself positively that those materials had been preserved by the proper authority in accordance with law and the same has also been found intact under proper seal a......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....nt and sale of the property without intervention of the Court of law has been challenged in the suit the plaint should have been rejected since Article 34 of the Presidents Order No. 128 of 1972 is a complete bar and the view taken by the High Court Division was not legally correct. Secondly, the Hi......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R......suit, namely, Title Suit No. 24 of 1993 which are as follows: “(a) A decree be passed in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the auction sale of schedule property and taking over possession of the properties from the plaintiff on 3-3-93 are illegal, coll...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
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