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Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....ment August 20, 1984. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrari...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power unde...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... Procedure is entertainable, Section 526B is a new import in Chapter XLIV of the Code by the Law Reforms Ordinance, 1978. It is quite appreciable that by the same Ordinance some other revisional power namely viz. under Section 439A of the Code has been given to the Sessions Judge. The prov......-section 1 of Section 526 of the Code of Criminal Procedure. Judgment Md. Abdur Rouf J.- The informant has moved this application under section 526 of the Code of Criminal Procedure praying to transfer the Sessions Case No.262 of 1983, pending before Mr. Z. H. Md. Dawood, Additional Sessio...... opposite party No.1 prayed for extension of his bail on medical ground the petitioner through his engaged lawyer opposed party No.1 had been maintaining sound health. The petitioner also pressed for calling of a report from the Civil Surgeon. It is further alleged that on 27.6.84 the opposite party...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....in and 7 others from whom the plaintiffs purchased the said land by 7 kabalas. The lands of schedule Ga belonged to Kalipada and Shyamapada who exchanged the said lands with Ataur Rahman by executing power of Attorney dated 6.8.65 and from Ataur Rahman the plaintiffs purchased the said lands by.......63 of 1977 reversing the judgment and decree passed by the Munsif, 3rd Court in O.C. Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....83 convicting accused appellant Kala Meah under Section 302 of the Penal Code and sentencing him to undergo transportation for life. The accused appellant was tried in absentia. He executed power in favour of the learned advocate Mr. Mustafa Niaz Muhammad, from Bandarban Jail on 6-2-1984 w...... Code of Criminal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he ......On 26-5-83 at about 7 or 7.30 P.M. accused appellant Kala Miah along with acquitted accused Anu Mia, Sadhan Chandra Dey, Absar Ahmed and Shabbir Ahmed came to the house of P.W. 1 Dilli Raj Chakma and called his son Rabi Chandra Chakma. They asked him to go to the house of accused Shabbir Ahmed to at......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ............Respondent Judgment July 12, 1984. Result: The appeal is dismissed. The gist of section 157 of the Evidence Act is that former statement of a witness may be proved to corroborate his later testimony as to the same fact. It is based on the principle that if th......shy;monium, cash money of Tk. 1100/- clothings etc. worth in all more than Tk. 12,000/-. Thereafter the robbers left the residence of the doctor along with those goods and the doctor immediately called other persons nearby and narrated the story. The defence case as appears from the trend of cr......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
.... the suit or until the further order of the Court the stock in trade of the defendant firm lying at No. 55-11, Canning Street. Sanderson, CJ. observed: “It is rule 5, which gives the court power to direct security to be given and it is rule 6, which gives the court power to attach the pro......apan Trading Company (1924) Vol. 79 Indian Cases 242; Civil Appeals No.28 and 29 of 1983 of the Appellate Division of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah wi......e properties casually brought within the court's jurisdiction should not ordinarily be attached unless there are other compelling reasons to do so Tested on this principle a foreign ship which is calling at international ports on her usual voyage, if comes within the jurisdiction of the Court, s......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....the Board of Directors can be comprised of a minimum number of 3 Directors and I find that the Company is being run by a Board of Directors comprising of 3 Directors. With regard to amassing all powers in the hands of Managing Director I find that under Article 39 of the Articles of Association................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, 1984. Result: The application is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 42......g Director of the Company Arif Yunus for reasons best known to him. The petitioner was made a director of the company from 2-7-76 but it was in name only. The said Managing Director has not been called any meeting of the Board of Directors since 1978. The petitioner was never called upon to fun......of transfer, after due execution on 18.6.76 was deposited with the Company with the Share Certificate No.005 for registration. Although the transfer was duly accorded by the Board of Directors in its meeting held on 20-6-76 and was duly registered, the certificate of shares bearing No.005 has not be..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....is is an application under section 115 of the Code of Civil Procedure and I am very much conscious of the limitations as under section 115 of the Code of Civil Procedure. This Court must exercise the power on revision within the tenor of the law and not hearing the matter as a Second Appeal. It.....................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941......the plaintiff having not being heard, it caused a violation of the principles of natural justice and therefore, the action taken was illegal and all those were found legally by the Court's below, calling for no interference by this Court. 9. This is an application under section 115 of ...... birth as Head Master and was also the Member Secretary of the School Managing Committee. Regarding the discharge of a teacher and appointment of a new teacher a controversy arose in a meeting of the Managing Committee and out of that grudge defendant No.1 namely Sardar Ahmed Ali Mond..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....tion and without being satisfied. He further submits that the learned Sessions Judge did not at all applied his mind in passing those orders. He further submits that the learned Sessions Judge had no power to extend the time after the expiry of the time once granted by him. 4. Mr. M.S.M. Nasiru......site Parties. No.1 M. A. Wahab—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by ....... Nasirul Islam—For the Opposite Parties. No.1 M. A. Wahab—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passe......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......ion in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs possession in the suit land on the allegation that the suit jote belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was s......the Court in arriving at the finding that there was nothing to prove any fraud on record or mistaken description of the property inadvertently by the parties concerned it cannot be said to be finding calling under proviso (1) to Section 92 of the Evidence Act and that being so, plots descr...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....Chatteswari Kali Devi is a family deity of the heirs of late of Pran Krishna Adhikari, that the Committee collusively formed by the defendants is illegal, is valid and void, that the committee has no power to transfer any property of the deity and that he is entitled to get his share of the pala (of..................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. Result: The appeal is allowed. Cases Referred to- Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap V......mance of contract must fail. 9. Mr. B.B. Roy Chowdhury, the learned Advocate for the appellant has also submitted that it has not been proved that there was any legal necessity whatsoever specifically when plaintiff's witness Shukendu Bikash Chakraborty (P.W. 3) has admitted that with the p......egister the sale deed as Secretary and joint Secretary of the Development Committee in addition to their capacity as Shebayets along with other Shebayets. The defendant agreed to do so. Accordingly a meeting of the Development Committee was held on 8.5.77. Advocate Sukhendu Bikash Chakravorty (P.W. ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....f the goods by port and paper publication whenever any goods are removed and also provides for charging in case of removal of goods for warehousing or open storing , Section 64 of the Act empowers the Port authority even to sell the goods at the expiration of two months from the time when ......agong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong for satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at the rate o......y the plaintiff suffered not loss of Taka 14,108.22. The plaintiff lodged claim against the defendant and made repeated demand for settlement of the claim but in vain. The defendant No. 1 specifically repudiated claim of the plaintiff and as such he has been compelled to file the suit. 8. ......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....will be exhausted if it is exercised once. The jurisdiction which the court granted to the Magistrate by section 252 and 253, Criminal Procedure Code having been exhausted it is for him who invokes a power of revival to establish such power. In the absence of a specific provision the power shall be .............Petitioner Vs. The State...................................................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR 96; Md. Mostafa Chowdhury Vs. Li......or the complainant opposite party No.2. Sk. Atiar Rahman—For the State. Criminal Revision Case No. 507 of 1978. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the Deputy Commissioner, Jessore and opposite party No.2 to show cause as to why the or......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....he officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as maybe fixed in the order." 6. Mr. For............Petitioner Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs....... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......cation for partition through ah Advocate Commissioner. The plaintiff's prayer was allowed and a writ was issued appointing Mr. A. Rashid as Commissioner by order No. 78 dated 9.3.72. From 31.3.72 to 13.1.73, Order Nos. 79 to 86 "the Court awaited for the commissioner's report". On ......Dwe Vs. Ma Tin Lun reported in A.I.R. 1920 Lower Burma 31 where it has been held that the proper time for an aggrieved party to object the findings of the Commissioner is clearly when the parties are called upon to state their objections for the consideration of the trial Court and if either party f......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....e Mr, Md. Sakhawat Hossain, the learned Advocate for the plaintiff submitted an application stating that the sole plaintiff was dead, .without stating the date of death. He further stated that as bis power to work as the advocate for the plaintiff had ceased, he was unable to take any step in t......Md. Sakhawat Hossain, the learned Advocate for the plaintiff submitted an application stating that the sole plaintiff was dead, .without stating the date of death. He further stated that as bis power to work as the advocate for the plaintiff had ceased, he was unable to take any step in the cas......ion for substitution of the heirs and successors of the deceased plaintiff. He submits that the learned Munsif should have treated the petitioners application under Order 9, Rule 4 C.P.C. as basically an application for substitution and should have corrected the erroneous order dated 16 4.76 pa......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
.... against the order of removal. Against the appellate judgment of the District Judge a revision lies to the High Court Division. This is a specific provision of law in a special statute. The appellate power of the High Court Division are specifically provided for in section 32 itself. ......ion) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment January 24, 1984. ......e Opposite parties. Civil Revision No. 369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under Section 115(1) and 115(3) C.P.C. as they stood on 27-10-83, calls into question the judgment and order dated 24-8-83 passed by Mr. Mahmudul Amin Choudhury, Dist......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....in his own individual capacity as the secular owner of the property. A shebait or manager has the right to alienate portions of the endowed property for purposes of legal necessity. He may exceed his powers, but if transfer of the deity's property is by the shebait or the manager as such, the tr......69=ILR 23 Mad 271 (P.C.) and 27 IA 147=ILR 37 Cal. (P.C.); Hemanta Kumari Basu Vs. Sree Iswar Sreedhar Jew, AIR 1946 Cal. 473=ILR (1946)2 Cal. 38=50 CWN 629; Hafiz Vs. Swamp, PLD 1947 (R.C) 239; Mahanto Ram Charan Das Vs. Nurangilal and others, 37 CWN 541=60 IA 124; Mahadeo Prasad Singh Vs. Karia Bh......learned Munsif as conceded by defendant No.1 that the disputed land is covered by the Wakfnama Ext.1. He also found, “the plaintiffs being admittedly the Mutawallis, their title is automatically found (in the disputed land"). He preferred to place reliance on the decision in the case......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....th day of December, 1971, under the provisions of P.O. No.16 of 1973 the case should be deemed to have been withdrawn and the accused persons should have been discharged forthwith as the Court has no power to proceed further with the case. Article 2 of P.O. No. 16/73 reads as follows: “No...... January 3, 1984. Result: The Rule is discharged. Withdrawal of criminal Case President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle fo......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....t in writing can be taken over as abandoned property without lawfully rescinding the agreement. The agreement in the said case of Buxly Paints (Bangladesh) Ltd. was entered into after 25.3.71. If the power to cancel any allotment or terminate any allotment, lease or agreement under which any abandon......Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Inv......e property. 2. On 7.6.74 plaintiff respondent M/S. G.K. Brothers instituted Other Suit No. 41 of 1974 against the appellant defendant Imperial Chemical Industries (Bangladesh) Ltd., (hereinafter called the appellant defendant) /or specific performance of contract contained in the agreement Ext.......es (Pakistan) Limited from the category of abandoned properties for incorporation of a new company in Bangladesh as a successor Company to the said Pakistani Company. Mr. Ghaznabi was asked to call a meeting of the share-holders to adopt a resolution for incorporation of a new successor Company and ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
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