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Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....onal application against the Subordinate Judge's order in appeal. On their submission the learned Single Judge of the High Court Division set aside the order of the Additional District Judge as if no legal proceeding were taken in revision before the District Judge, and then suo motu proceeded to re...... 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. ..Category: Property Law | Date: | Hits: 122
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....e that the conditions for depositing the rent with the Rent Controller were satisfied. It is not enough to prove that the rent was deposited under section 19 without further proof that the tenant was legally entitled to make the deposit. There cannot be any presumption as to due offer of rent to the......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
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....ouse for his residence or that he had even any intention to shift from his sister's house and reside in the suit house. The High Court Division held that the learned SCC Judge did not commit any illegality in discarding the plaintiff s case of bonafide requirement. 8. Mr. TH Khan, learn......Dhaka city. The plaintiff generally resides at Comilla. The story of bonafide requirement is false. The plaintiff has not stated the number of members of his family and their occupation and social status. The suit premise is not needed for any addition, alteration and renovation and the plaintif..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....t No. 378 of the same Court for a declaration that the aforesaid orders dated 29.9.88 making the "so‑called" award a Rule of the Court and the subsequent order dated 10. 11.88 are illegal, fraudulent, null and void, inoperative and not binding upon the plaintiff‑appellants.&...... 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. ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
.... as an official act, without considering that the proceeding was initiated at the instance of a private party and if it was concluded without serving notice on necessary parties it would not have any legal effect. In view of the above, the judgment and decree of the High Court Division are set as......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
...., Bangladesh Council of Scientific and Industrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case is that since his joining the service of the Council ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....o pay the highest bid money of Tk. 84, 00,000.00 but the Ministry rejected her prayer. It has been alleged that the appellant having found no other way and in order to grab the disputed property illegally managed to bring the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and go...... 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. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....y but before that it may be noticed as to what are the circumstances sought to be proved in the case, who are the witnesses proving each of such circumstance and how much of the circumstance has been legally established. As I Proceed, I shall refer to the findings made by the High Court Division in ...... 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
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......said judgment shall not be quashed or set aside "on the finding that the proceeding under section 145 of the Code, in the said P Case N 383 of 1987, was without jurisdiction" and also why status quo as prevalent on 5.10.87 should not be restored. The Rule, therefore, was concerned with..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
.... their interest in the suit lands had no longer any subsisting interest to contest the suits. PO No. 12 of 1972 was promulgated on 6th February, 1972 to provide for the saving of limitation for all legal proceedings and for the nullification of all judgments, decrees and orders passed ex parte o......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....ch of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. 2. The appellants filed the aforesaid writ petition against respondents Nos. 1-4 challenging the legality of the Memo No. Da-73/84/202 Acqn. dated 28.2.85 (Annexure-M to the writ petition) issued ......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. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....6A of the Bengal Tenancy Act. No rent being due from the pattani holders the howla could not be sold under section 9 read with section 11 of Patni Regulation of 1819. As the auction sale was made illegally it was void and illegal and did not affect the rights and interests of the plaintiffs in th......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. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....d 14 annas share in Khatian No. 5 which was inherited by his son and on his death it devolved upon Nur Hossain who sold it to the plaintiff by a registered kabala dated 1.9.1964 for Tk. 4000/-. The legal heirs of the recorded tenant in RS Khatian No. 7 transferred their interest to one Hafizur R...... 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. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... be an over generalized statement, but basically it is a correct finding, because the incriminating circumstances for which the respondent could at all be arraigned lost all its relevance for lack of legal evidence for establishing the crucial fact that the accused was in his house when his wife was......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. ..Category: Criminal Law | Date: | Hits: 49
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
..... It is true that the Sessions Judge was not competent to grant such bail under section 426 of the Code of Criminal Procedure since the sentence was in excess of one year. The order was, therefore, illegal but the fact remains that the appellants submitted themselves to the sentence passed and obt...... 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 ..Category: Criminal Law | Date: | Hits: 97
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....ammad 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 beneficial owner and as the legal title is in him he can maintain in his own name a suit for possession. Mr. Khandkar cited th......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..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....aneous remedies from different forums are not contemplated in law. We do not find any wrong in such an observation. 4. Dr. Hossain has, however, contended that the Election Commission is under a legal obligation to dispose of any matter like this according to 'law in fair and impartial manner a......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....the appellants during hearing of the matter before the Minister in spite of clear knowledge of everything 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 prin......i ever arises requiring 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 ..Category: Property Law | Date: | Hits: 34
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....f 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 illegal, void and without jurisdiction. 3. Facts of the case according to plaintiffs are: The dispu......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 ..Category: Property Law | Date: | Hits: 35
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
.... case was neither in quality or quantity adequate to support a conviction. The Court found that the finding of the High Court with regard to the credibility of this witness was not based on correct legal principles and could, therefore, be legitimately interfered with. 7. In the instant case ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
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