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Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....perior interest and can possess the land as a tenant but he has to pay rent for the land in his khas possession for use and occupation of the same. As provided in the Explanation, a person holding occupancy right in a land does not lose it by becoming a joint proprietor in the land. ......and Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. XI of 1..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....preferred Before the Registrar but the same was dismissed. Hence the plaintiffs brought the suit under section 77 of the Registration Act. The learned Munsif dismissed the suit holding that the plaintiff had failed to prove the execution of the document Ext.1 and the passing ......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
.... bond, along with the filing of the application, was not, complied with. After the expiry of 8 months of this objection the defendant deposited the decretal amount. But the Court rejected the deposit holding that the deposit could have been made at the time of presentation of the application for set......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....e land and take possession. The tenant, of course, has a right of recovery of the land by filing a suit within two years from the date of the notice. The landlords' right to enter upon the holding under section 87(1) does not depend upon Collector's discretion. But if the landlord e......t failed to pay rent thereof. By serving a notice under section 87 of the Bengal Tenancy Act, 1885 the landlord can enter into the land and take possession. The tenant, of course, has a right of recovery of the land by filing a suit within two years from the date of the notice. The landl..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... Judgment Badrul Haider Chowdhury J. — In this petition for special leave the question is whether the High Court Division was right in holding that the suit instituted by the plaintiff’s petitioners is barred by law and the learned......etition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a ..Category: Property Law | Date: | Hits: 55
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
.... evidence on record reversed the finding of the Trial court and as such it can not be said to be a proper judgment of reversal. The appellate court's reversal of the finding of the trial Judge and holding that entries at the pasted page 163 were conclusive in disregard of the other evidence......0,000/- from the Bank by depositing the title deeds to the Bank, as a security against, the loan. Under section 114 of the Companies Act, 1913 the mortgage was registered. Having failed to recover the principal or interest, accruing thereon amounting to Tk. 2,40,000; the plaintiff Bank inst..Category: Business or Commercial Law | Date: | Hits: 139
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....spondent Judgment February 11, 1985. Words and phrases Discrepancy in the evidence Discrepancy in the evidence of the eye-witnesses and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but th......ede and that additional charge under section 304/34 framed against the four accused, namely, Joynal, Sobhan, Ramjan and Anwar only. This omission in the case of accused Wadud might have been due to oversight. But when evidence was led to the effect that accused Wadud also assaulted Aftabuddin his..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan Model Town, Dhaka in the list of abandoned property publi...... Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....17/- under section 18A of the Act which was also without lawful authority. 7. Appellant preferred an appeal before the Appellate Assistant Commissioner of Taxes who rejected the appeal upon holding inter alia, that ''no officer of the Corporation has any authority to convert profit from ...... Section 13 enjoins upon the assessee no requirement for keeping any portion or system of accountancy for computation of its income, profits or gains. There is no bar on changing over to a new system of accountancy what has not been laid down by the Act, cannot be prescribed by..Category: Fiscal/Taxation Law | Date: | Hits: 102
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....cumstantial evidence adduced is not inconsistent with his innocence. Considering the entire evidence and facts and circumstances of the case the Courts below committed no illegality in holding that the aforesaid evidence was sufficient to implicate the appellant Hazer Ali in the murd...... of circumstantial evidence as adduced by P.Ws. 1, 2, 3, 4 and 8. P.W.1, Md. Nowsher Ali stated in his deposition that the deceased had enmity with accused Hazer Mondal, Wazed Ali and Abbas over land dispute. P.W. 2 Md. Yusuf Ali Biswas, stated in his deposition that a few days bef..Category: Criminal Law | Date: | Hits: 52
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....h dismissed the appeal. 4. Being aggrieved plaintiff-appellant moved this Court and obtained special leave to appeal on the contentions as to whether the High Court Division was wrong in not holding that section 9 of the State Acquisition and Tenancy Act as amended by the Ordinance N...... No. 63 of 1963 passed by the High Court Division on 1-8-79. Plaintiff-appellant instituted Title Suit No.73 of 1961 in the Court of Subordinate Judge, Sylhet for declaration of title and recovery of possession. Facts as stated in the plaint are that his father Haji Kalimullah used to adva..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....on without any prayer for consequential relief on payment of ad valorem court fee cannot be entertained. The suit was dismissed by the Additional Court of Subordinate Judge, Noakhali upon holding that the suit was barred under Rule 161 of the Defence of Pakistan Rules and section 8......he defendant and delivered possession of the same to him. 4. In 1964 defendant returned to Bangladesh permanently and plaintiffs decided to go to Calcutta for good. Plaintiffs made over their title deeds to the defendant and executed and registered the partition dead in question ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....ties according to justice, equity and good conscious. 12. In the case of Latchandhora Vs. Chinnavadu, AIR 1963 Andra Pradesh 31 in a partition suit the trial Court decreed the suit holding that the items 3 and 4 as joint family property. On appeal by the defendants, though n......ends of justice. Contention of Mr. Chowdhury is that the application of this rule would mean the re-adjustment of the rights of the parties when the matter had already been settled. This contention over-looks the rule that the appellate Court may pass such order although the respondents might not..Category: Property Law | Date: | Hits: 38
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....im as witness No. 7 in the charge sheet. 5. After receipt of the charge sheet, the Magistrate transmitted record of the case to the court of the learned Sessions Judge, Chittagong for holding trial. On receipt of the record of the case, the learned Sessions Judge, Chittagong regist......nd going as far as the broken bridge on the road to Kalapaniar Beel. We do not find any break in the chain of events upto the point and there is no other intervening circumstance before the discovery of the dead body of the victim." 15. We find that the High Court Divis..Category: Criminal Law | Date: | Hits: 35
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
.... and the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division dismissed the appeal filed by the petitioners holding that the eye witnesses namely the P.W.4, P.W.5, P.W.7 and P.W.8 in a voice stated that the ......leb Sheikh, Nazrul Islam, Jahangir Alam, Nizam Sheikh, Wahidul Islam, Hannan Sheikh, Rukunuddin and Borhanuddin Mollah being armed with weapon including bhela entering into the land of the victim, over which there was a dispute, occupied the same and on hearing the same the victim told Mohar Ali..Category: Criminal Law | Date: | Hits: 38
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....f car parking spaces and as soon as the new plan is approved said revised plan of 1998 is no longer valid. 15. The High Court Division by the impugned judgment and order discharged the Rule holding that the impugned notices became infractuous. 16. Being aggrieved by the judgment a......rging the Rule. 2. The facts, in short, are that the respondent Nos. 3 and 4 being the President and Secretary of the Mirpur Muktijoddha Bohumukhi Samabaya Samiti constructed 450 shops covering an area of 32000 square feet after the submitted plans were duly approved by the responden..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....i sold out the case land to the pre-emptee No. 1 and 2 on acceptance of proper consideration of money at the mediation of the pre-emptor. The pre-emptor also sold .48 acres of land out of the case holding to the pre-emptees by a kabala dated 05.09.1990. After purchase of the case land by th......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....rnment had no obligation to disclose the basis of treating the property as an abandoned property. Leave was also granted to consider whether the High Court Division fell into an error in holding that the property in question was not an abandoned property without giving any finding as t......self in law in deciding the writ petition in not considering the question that the onus to prove that the property in question was not an abandoned property was squarely upon the claimant and the government had no obligation to disclose the basis of treating the property as an abandone..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
.... fresh appreciation of evidence. That is not its function in the revisional jurisdiction. 10. The learned Judges of the High Court Division appears to have clearly fallen into an error of law in holding that the alleged kabinnama (not even formally proved and marked exhibit) supports the plai......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....vision without issuing any Rule in the matter and in absence of the plaintiffs disposed of that revisional application by the impugned judgment and order, setting aside the order of the trial court holding inter alia, that the trial Judge upon taking an absolutely erroneous view on the Ward Comm......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
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