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Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Kader Chowdhury..............Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: Sultan......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......ting aside an order of the trial Court cancelling its earlier order dismissing a miscellaneous case under Order IX, rule 13, CPC and restoring the miscellaneous case to its file and number. 2. The plaintiff-respondent's suit for declaration of title was decreed ex parte and the defendant-petition..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... 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. ......din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an...... 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. ......) Act 1952 (Act X of 1953) directing to vacate the land and deliver possession thereof to the Railway by 15.8.1968 whereupon Abul Bashar instituted the suit as aforesaid. 4. The case of the plaintiff is that in the last revisional survey the suit land was recorded in possession of the per..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ....... Defendant-Appellants Vs. Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ...... Judge, Chittagong on 8-8-87 for permanent injunction impleading the appellants as defendant Nos. 1 and 2 (defendant-appellant No. 2 has since died and been substituted by her heirs). 3. The plaintiffs also prayed for temporary injunction restraining the appellants from disturbing in any ..Category: Civil Law | Date: | Hits: 91
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....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......nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kutubuddin Ahmed..................................Appellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27......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...... the findings of the trial court and again judgement of the sub-ordinate judge being set-aside by the high court confirming the findings of the trial court confirms the defendant as tenants under the plaintiff’s in respect of the premises and entitling the respondents getting eviction of the appel..Category: Tenancy Law | Date: | Hits: 106
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....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 ...... (1988) 257 ......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 ......s. Surendra Nath Falia and Others.............Respondents Judgment November 23, 1986. Civil Appeal No. 41 of 1985 The Public Demands Recovery Act, 1913 (III of 1913), section 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of sett..Category: Property Law | Date: | Hits: 35
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......xecuted in his favour by the owner, the said Ashutosh. The suit was, however, dismissed on merit by a judgment merit dated 15 September 1980 with the observation that the Bainapapatra produced by the plaintiff was a forged document. Thereupon, the owner's bargader, Md. Ziad Ali Kkan, who is responde..Category: Criminal Law | Date: | Hits: 63
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......hers... ..................................Respondents Judgment July 24, 1985. Result: The appeal is allowed. The Attia Forest (Protection) Ordinance, 1982 (XXXIII of 1982), sections 3 and 4(2) The section did not provide anything about the suits already disposed of and even then i......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......gainst the suit decreed, it cannot be held that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance an..Category: Property Law | Date: | Hits: 63
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... Vs. Mir Abdus Salam............................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this onus is found to have been fully discharged as the process server submi..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......ion that the assessment of rent under the provisions of the State Acquisition and Tenancy Act, 1950 in respect of the Schedule land is without jurisdiction and in violation of the agreement between plaintiff and defendant - Government. Plaintiff also prayed for refund of Tk. 95, 0007- paid by the ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......er & others..................Respondents Judgment July 1, 1987. Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......h; Ganu Mian died leaving son Abdur Rashid who died leaving son janu Miah and daughter Amena Khatun. Thus Jaitun Bibi, Janu Miah and Amena Khatun inherited the suit land and they sold the same to the plaintiff and defendant Nos. 2 and 3 by two registered kabalas died 193.63 and 233.63 respectively. ..Category: Property Law | Date: | Hits: 43
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......ncerned as to what direction should be given to the Commissioner for completing the partition. It is true that the defendant is a purchaser but the law allows under section 4 of the Partition Act the plaintiff to claim for repurchase of that share because the purpose of the law is to keep away the t..Category: Property Law | Date: | Hits: 45
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......an & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inc......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......end or even disallow a right based on a custom that was otherwise reasonable at its inception, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the plaintiffs a fluctuating body of persons were used to graze their cattle on the low waste, land only..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors..........s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ........................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters of succession. The plaintiff and the defendant both took the position that Hindu law is applicable in their case. A cou..Category: Property Law | Date: | Hits: 32
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......nce Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admissio......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......d 1 anna and odd each. The holding was put to sale for arrears of rent in 1938. It was purchased by eight persons-three sons of Babu Khan, four sons of Miajan Khan and one son of Akimuddin. 3. The plaintiffs, the heirs on Miajan Khan, filed Title Suit No. 310 of 1964 in the Court of Munsif, Secon..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......is Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......ntiff- respondent instituted Other Suit No. 3 of 1974 in the 1st court of Subordinate Judge Chittagong for recovery of arrear rents as monthly tenants in respect of the suit premises. The case of the plaintiff-respondent is that the appellants took rent of the premises at the rate of Tk. 350/- pay..Category: Tenancy Law | Date: | Hits: 112
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......der Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......interest of respondent Nos. 1(ka) to 1(chha) filed partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of the plaint. Hajrat Ali, predecessor-in-int..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......dgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amou......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......peal No.79 of 1980 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for reco..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......s also Reported in: 40 DLR (AD) (1988) 86 ......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......after the evidence was closed and those papers thus not taken into evidence. The case is therefore sent back on remand to the trial court allowing the defendants to adduce additional evidence and the plaintiff to confront the same. Lawyers Involved: M.Nurullanh, Attorney-General (A.F.Hassan Ari..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......fzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 17, 1988. R......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. .......................Respondents Judgment February 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants en..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......n Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......t Judgment July 7, 1987. Result: The appeal is allowed. The Registration Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defend..Category: Property Law | Date: | Hits: 118
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