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Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ...... exhibit 'C and also the judgment decree passed in previously instituted suit, namely, exhibits E, F and Fl and the deposition of the plaintiff in the said suit marked as exhibit C. In view of the order, I propose to make in this second appeal, I do not like to make any comment on the evidentiar......d. ......y Mr. A K M Azizul Huq, Munsif, 2nd Court, Chandpur on 12th April, 1960. 2. The plaintiff instituted the aforesaid suit for partition alleging, inter alia, that the property mentioned in the Ka and Kha schedules to the plaint belonged originally to three brothers Guru Charan B..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... 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. ...... appreciate his argument I would like to mention here that the said Article 47 provides that the period of limitation is three years for institution of a suit by any person bound by an order respecting possession of immovable property made under the Code of Criminal Procedure or by ......; Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 13th, 1970. Cases Resferred- Shankhta Shukul vs Sm Govindi Devi AIR 1950 All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and anothe......bed in schedule 'Ka' to the plaint along with some other lands originally belonged to Fatema Khatun Chowdhury who granted a lease in respect of the same in favour of the defendant Nos. 3 and 4 and one Osman Ghani Talukder in Kayami Howla right by a patta dated 15th of Aghrahayan, 1332 BS. The pr..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......in section 447 PPC is not criminal trespass. Similarly, dishonest intention is the gist of the offence under section 379 PPC. Without finding regarding the intention of the accused petitioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accord......79 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......set aside. Ed. ..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......sentence under section 307 PPC. 6. The learned Sessions Judge has made a reference under section 374 Cr.P.C. for confirmation of the sentence of death and the condemned prisoner has challenged the order of conviction and sentence passed in the case. 7. Mr. T Talukdar, the learned Advocate for ......d. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
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. ......Cr.P.C. on 26.6.56 and the matter was sent to PUB for report whether the principal defendants were in possession of 5 sub-plots against which the plaintiff filed an objection to the SDO who passed an order on 2.8.1958 directing Mvi Abdul Majid Mukthear for local inspection. Report went against the p......ecovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ...... maintainable, was maintainable and the learned Munsif was right 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..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. ......e levellrd against them and their contention was that Jahiruddin died of diarrhoea but that PW 3 Kashimuddin Ahmed falsely implicated them in this case with the help of his relations and others in order to extract money from them (accused party). 7. The trial was held with the aid of 4 as......ing the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......nbsp; Soley alias Soleman who frequently used to visit Tofa Mohammad's house developed illicit connection with her arid as a result accused Amina did not like to live with her husband. About one year before the present occurrence Tofa Mohammad and his sons forcibly obtained divorce of Ami..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......ment: Siddiky CJ: This is an application under Article 98 of the late Constitution of Pakistan by one Shuk Deb on behalf of Sree Lakshmi Narayan Jiu Thakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking ......ot;A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ...... Ed. ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....eld: "Presumption which is stated in sub-section 5 of section 5 of the Bengal Tenancy Act is a weaker presumption than the presumption that attaches to the entry in the finally published record-of-rights. Where the lower appellate Court had evidence before it to come to a fi......earing as far back as on 9.2.66 and the hearing was concluded on 10.2.66 and the matter was kept for judgment on 11.2.66. Instead of delivering the judgement on 11.2.66, Ali, J passed the following order, "11.2.66 after hearing the learned Advocates on both sides this appeal was......nbsp; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja......it measuring 2.72 acres recorded in RS Khatian No. 258 appertaining to Jote No. 138 of Mouza Jalia Palong. 2. The plaintiff’s case, in short, is that he auction purchased the aforementioned jote on 26.11.49 in a revenue sale and took possession therein on 20.8.51. It is the further ..Category: Property Law | Date: | Hits: 67
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. ...... capable of giving rational answers to questions and whether he was capable of distinguishing the right from the wrong. In view of the absence of such note, either in the deposition sheet or in the order sheet, Mr. AW Mallick, the learned Advocate for the condemned prisoner contends that the tes......y prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......atham, reported in (7907; A.C. 495, at page 506. Lawyers Involved: ATM Masud, Deputy Legal Remembrancer with Md Batin—For the State. AW Mallik—For the Condemned Prisoner. Death Reference No. 6 of 1970 and Appeal No 237 of 1970. Judgment: &nbs..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......e held to be one which is barred by limitation. These are all the points that were raised by Mr. MH Khondkar in this second appeal and we find that there is no substance in them. It is, therefore, ordered that the appeal is dismissed with costs and the judgments and decrees of the courts below ar......3 DLR 70, Bharat Bhandhu Chattopadhya vs. Ranendra Kumar Dutta and others 70 CLJ 370; Halimunnessa vs. Hemendra Kumar Roy Chowdhury and others 12 DLR 448. Lawyers Involved: M H Khandker, Salauddin Ahmed. B K Das-For the Petitioner. Ahmed Sobhan. Md. Ruhul Amin-For Respondents 1 & 2. ......adhya vs. Ranendra Kumar Dutta and others 70 CLJ 370; Halimunnessa vs. Hemendra Kumar Roy Chowdhury and others 12 DLR 448. Lawyers Involved: M H Khandker, Salauddin Ahmed. B K Das-For the Petitioner. Ahmed Sobhan. Md. Ruhul Amin-For Respondents 1 & 2. Appeal from Appellate Decree No...Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......gistration Act 3. More than 6 months thereafter the petitioner was informed by a letter being Memo No. 10283 dated 22.12.65 that the respondent No. 2 refused to register the document by his order dated 8.12.1965 under section 76(1) (a) of the Registration Act in view of the operation of t...... In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......upreme Court High Court Division (Special Original Jurisdiction) Muksum ul- Hakim J. Fazle Munim J. Hasina Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Departmen..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....it has no legal effect. The relevant provision in section 54AA of the Inland Mechanically Propelled Vessels Act, 1917, provides as follows: "(1) The owner of a mechanically propelled vessel shall publish as often as may be necessary (i) tables showing the times of sailing and fares and (ii) tari......the Petitioner. Respondent- Not represented. Petition No. 465 of 1969. Judgment Kemaluddin Hossain J.- The petitioner, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as......s and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... A M Sayem J.- This Rule was issued at the instance of Star Alkaid Jute Mills Ltd. a public limited company (hereinafter called the Company). In it, the Company calls in question the validity of an order of a Magistrate of the 1st Class at Chandpur restraining the Company permanently from construc......this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
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. ......klader Advocate-on- Record — For the Petitioners. Not represented — the Respondents. Civil Petition for Leave to Appeal No. 656 of 1999. (From the judgment and order dated March 25, 1999 passed by the High Court Division, Dhaka in Writ Petition No. 4375 of 19...... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others ………&hel......y J AM Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners Vs. Bangladesh Bank and others……………&hellip..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......qur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record —For the Respondents. Civil Petition for Leave to Appeal No. 605 of 1999. (From the Judgment and order dated 11-5-1999 passed by the High Court Division in Writ Petition No. 4992 of 1997). J...... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………...... The Financial Institution Act, 1993 (XXVII of 1993), Section 48 i) Section 25(3) is not a provision which is concerned with the individual or representative character of a director. Petitioner Nos. 2 and 5 may be the nominee-directors of Appollo Steel Mills Ltd in the Board of Directors..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ...... Deputy Commissioner, Chittagong filed two separate written statements but defendant No.2 did not contest the suit. Defendant No.1 claimed ownership of the suit land and stated that the plaintiffs in order to grab the suit land created some documents. Defendant No.1 did not grant any settlement of t......ttagong, represented by its Secretary and another…….. Respondents Judgment June 1, 1998. The Specific Relief Act, 1879 (I of 1879), Section 42 The High Court Division was well-founded in law in holding that under the circumstances the plaintiffs have established a case of possession ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Salma Khatun and others…………………… Petitioners Vs. Zilla Parishad, Chittagong, represented by its Secretary and another…….. Respo..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ...... SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advoacte-on-Record-For the Respondents. Civil Petition For Leave to Appeal No. 930 of 1997. (From the judgment and order dated April 29, 1997 passed by the High Court Division, Dhaka in FMA No. 62 of 1989). ......hellip;.. Respondent Judgment November 13, 1997. The Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. T......nt: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Red Sun Limited & Others………………………… Petitioners Vs. Uttara Bank………….. Respondent Judgment ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......for making an application in that behalf if sufficient cause is shown explaining the delay……..(8) (ii) It is a misconception that for condonation of delay for setting aside an order of abatement a petition under section 5 of the Limitation Act is necessary as because the pe......;..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay……......petition under section 5 of the Limitation Act is necessary as because the petition for setting aside the order of abatement on the ground of delay is self contained. (iii) On the demise of one of such plaintiffs if no substitution is made the suit may abate not as a whole but as against ..Category: Property Law | Date: | Hits: 72
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. ......t No. 1 (In Criminal Appeal No. 12 of 1999). Not represented—Respondent Nos. 2-5 (In Criminal Appeal No. 12 of 1999). Criminal Appeal No. 9 of 1998 (From the judgment and order dated June 4th, 1998 passed by the High Court Division, Dhaka in Criminal Appeal No. 1013 of 1...... over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......ughter Suma Chatterjee was alleged to have been kidnapped on 4-3-97 and who is now in judicial custody in the Tangail District Jail is the appellant in the present appeals by leave and also the petitioner in the connected leave petition. The matters relate to the custody of the said minor girl. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....ly. 2. Following the publication of an Article under the caption “The Parliament and the judiciary at Loggerheads” written by the appellant, then as Assistant Judge. Tangail and published in the Daily Star dated the 6th February, 1995 a suo motu Rule was issued on the 22nd Ma......torney-General with him) instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondent. Criminal Appeal No. 16 of 1996 (Direct Appeal). (From the judgment and order dated 29-6-95 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 814 of 1995......y the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......ubt but they cannot rob the people of the right which exclusively belongs to them. If the Judges can be called as formal Judges, the people are informal judges who are more powerful than the formal ones. At the time of national crises, the judiciary cannot overlook it or become a mere onlooker. ..Category: Criminal Law | Date: | Hits: 75
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