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A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......ion was bad in law and accordingly quashed. 5. Mr. Fazlul Karim. learned Advocate for the petitioner, has sought to contend mainly that the learned Sessions Judge illegally usurped the power of the learned Magistrate in deciding the question of possession of the proceeding land a...... A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. Result: The rule is discharged. Lawyers Involved: Fazlul Karim&m......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......Admiralty Suit was not admitted at all by this Court. Secondly, the defendants were not served with any notice of the said suit. Thirdly, the defendants did not enter appearance in the suit by filing power. Therefore, he submits, whether or not the order dated 8.8.83 would be reviewed would be a mat...... ......rt of his submission. 8. If a suit has been Withdrawn by the plaintiff without any leave to file a fresh suit on the same cause of action and if, later on, on an application for review, leave is granted to the plaintiff to file a fresh suit on the same cause of action, the prejudice caused to t..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ...... J Anwarul Hoque Chowdhury J Debabarta Chatterjee...........................Petitioner Vs. Md. Munsur Ali & others........................Opposite parties Judgment October 3, 1983. Result: The Rule is made absolute. Limitation Act (IX of 1908); Sectio...... ground that he could not manage to engage a Senior and he was not competent to conduct the suit as there were complicated questions of law and fact involved but the learned Subordinate Judge did not grant any time and dismissed the suit for default. Thereafter the petitioner filed an application un..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......fering with any measure designed to implement any development plan or programme or any development or public works or being otherwise harmful to the public interest is sine qua non to the exercise of power of granting temporary or ad-interim injunction-Omission on the part of the District judge to r......substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on the face of......th any measure designed to implement any development plan or programme or any development or public works or being otherwise harmful to the public interest is sine qua non to the exercise of power of granting temporary or ad-interim injunction-Omission on the part of the District judge to record suc..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ...................Appellant Vs. Fazle Karim Biswas & others.....................Respondent Judgment August 23, 1983. Result: The appeal is dismissed. Cases Referred to- Hanif-un-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.......or Janab Ali Biswas, the transaction indeed was an usufructuary mortgage with a conditional reconveyance and not a lease though the plaintiff's predecessor had received rent from the defendant by granting dakhila and though defendant's name was recorded in the Revisional Record of Right as a..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....es under them, have no independent right in the suit land and against whom no relief had been given for which they could be said to be aggrieved party and as such they were not entitled to invoke the discretionary jurisdiction of this Court under section 115 of the Code of Civil Procedure.......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal rule of evidence, not one of ......by inheritance and thus the plaintiff has no title to the suit land. Defendant petitioners were bharatias under the co-sharers of Kali Prasanna and being in possession they prayed for lease which was granted to them by defendant No. 2. The order dated 4.3.75 passed in E.P. Case No. 230 of 1973-74 wa..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......s for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpose it is let, in which case the tenant has as option to terminate the lease. Section 108 (e) of the Transfer of Property Act does not deal with the case......estruction of the subject matter of a lease was govern by the general principles of laws instead of the provisions of section 108 (e) of the Transfer of Property Act. 6. Leave was granted to consider whether there was any specific finding by the High Court Division that the enti..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......claim of various owners the Cantonment Board published a final list on the 12th August, 1972 wherein the holding No.40 Mohakhali (i.e. the premises were not declared as abandoned by the authority empowered to do so. It was further denied in the Memo, under reference that the Naval Headquarters ......……………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, G......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... in a S.C.C. suit. Indeed section 23 of the S.C.C., Act gives discretion to the S.C.C. Court to return plaint in a suit involving question of title under certain circumstances. This power is in terms discretionary and it has been held in very many cases that the section clearly indicates that a Cour......n never be decided in a S.C.C. suit. Indeed section 23 of the S.C.C., Act gives discretion to the S.C.C. Court to return plaint in a suit involving question of title under certain circumstances. This power is in terms discretionary and it has been held in very many cases that the section clearly ind......n & others………………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhur...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......his Regulation is ultravires of the proclamation and mala fide and as such this Court can proceed with the present contempt matter. 8. The proclamation of Martial Law of March 24, 1982 clearly empowers the Chief Martial Law Administrator to make from time to time Martial Law Regulations, orders......li, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hossain Amin, Altafur Rahman and Md. Sajjad Ali, Advocates — For the Contemners. Sultan, Ahmed Deputy Attorney General as Amecus Curie. Civil Revision No. 36(w) of 1983. Judgment Latifur......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......ter's daughter Charu Bala, defendant No. 3, for assisting her in the seba-puja. Before her death she created in collusion with defendant No. 3, a will. Defendant No. 3 obtained a probate and gave power of attorney to defendant No.1; Anil Kumar Sarkar, who on the basis of the power of Attorney cr......title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debuttar property belonging to the deity...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......ower appellate Court which is a final court of fact cannot be interfered by the High Court in it's jurisdiction under sections 100 and 115 of the C.P.C. i.e. in exercising the power in appeal as well as revision. In the present case the fact arrived at by the lower appellate ......an Halder..................Appellant Vs. Shubbadra Bachar & others............Respondent Judgment March 23, 1983. Result: The Appeal is dismissed Cases Referred to- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......d that the order of the learned Magistrate dated 21-10-81 directing payment to the opposite parties, being the first party in the proceeding was competent and it was passed legally in exercise of the power conferred on the said Magistrate by law and the said order having been passed with lawful auth...... Judgment March 9, 1983. Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Pr...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51. Ext. 1, in favour of one Sekandar giving him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting of all......represented by his legal heirs Golenur & others…………… Respondent Judgment March 9, 1983. Result: The appeal is dismissed. Cases Referred to- Midnapur Zamindary Company Vs. Uma Charan, AIR 1923 PC 187; Durga Chowdhurani Vs. Jewahir S......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. .............Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. ......d to be executed." 4. Thereafter the Government of Bangladesh filed Civil Petition for Special Leave to Appeal No. 146 of 1982. It was pending for hearing as to whether leave was to be granted. At this stage the Proclamation of Martial Law dated 24-3-82 came into force and in cla..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......withdrawals on certificated bills. In case of refusal of plaintiff No. 1 to subscribe his signature on the cheque in respect of such disbursements/withdrawals, defendant No. 1 will have the power to withdraw the accounts under certificated bills under his signature.
(7) Civil Appeal N......ioners
Vs.
Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent
Judgment
February 1, 1983.
Result:
The petition is allowed.
Cases Referred to-
Matilal Ghose and others, 45 Cal. 165; Onish Vs. Dulla Mia, A.I.R. 1969 Delhi 214; Express ......ourt that are not of a criminal nature, for instance, when a man does not obey an order of the Court made in some Civil proceeding to do or abstain from doing something as where an injunction is granted in an action against a defendant, and he does not perform what he is ordered to perform, and..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......tion (2). This proposition is supported by the decision in the matter of Monohar Mukherjee 5 Cal 756. To take section 222 in its absolute term will be erroneous. Such provisions confer a faculty or power but they do not follow by such words as ‘that anything done contrary to these provisions, sh......TM Masud J Khitindra Chandra Bhattacharya and another…………….Appellants Vs. Jalada Devi…………......................Respondent Judgment January 16, 1983. Cases Referred to- Sarat Chandra Banerjee Vs. Nani Mohan Banerjee, 36 Cal. 799; Haripada Saha and another Vs. ......Judge, Mymensingh in Probate Suit No.5 of 1976. 2. Facts are as follows: Late Digindra Chandra Bhattacharya, the predecessor of the appellants instituted a suit being Probate Suit No.5 of 1974 for grant of Probate in respect of the last will dated 30-12-62 executed by Kitish Chandra Bhattacharya...Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......) Cr.P.C. the appeals from Magistrate were disposed of by the Additional Sessions Judges or any Assistant Sessions Judge of the Sessions Division. Now after this second amendment, this appellate power under section 407 of the Cr.P.C. has been given to the Additional District Magistrates wh...... December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admission but the Court must give its reas...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......us officio in respect of the new proceedings. Power of taking Cognizance Offence by Magistrates- Magistrate has the sole jurisdiction to decide whether cognizance should be taken- This power of taking cognizance of any offence is not limited only to those offences which are triable ex......second prosecution is based on a fresh complaint, it will be valid because the Magistrate does not preside over the same proceedings. He takes cognizance of the same offence but in a different case altogether. He is functus officio in so far as the first proceedings are concerned but he is not funct...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ther law for the time being in force, no Court of Sessions shall, take cognizance of any offence as a Court of original jurisdiction unless the accused has been sent to it by a Magistrate duly empowered in that behalf." So far as the Court of Sessions is concerned, proceedings must be......ute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. Shehabullah, Advocate— For the Complainant-Opposite Party No.2. AFM Shahid, Assistant Attorney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
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