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Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....e plaint. Respondent, defendant No.1, Shamsuddin (died since then and has been duly substituted) had filed the previous suit T.S. No.21 of 1965, claiming partition of his 8-annas share in the suit land against defendant Nos. 2 and 4 of the present suit who were principal defendants, Nos.1 t............Appellants Vs Khalilur Rahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable f......n of the appellate Court has been upheld by a learned Single Judge of the High Court Division on 18 November 1982 in Second Appeal No. 213 of 1976; both these Courts took the concurrent view that plaintiffs' suit is not maintainable as five of them were not parties to the partition suit but......LR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
.... application of law. 2. Respondents, Pre-emptors filed two proceedings, Miscellaneous Cases Nos. 250 of 1974 and 12 of 1975 in the Court of Munsif, Brahmanbaria, claiming pre-emption of two lands which were sold by two kabalas, one dated 18 December 1973 (Ext. A4) and the other dated 19 ......ents (In both the Appeals) Judgment September 1, 1985. The Non-Agricultural Tenancy Act, 1949 (Act No. XXIII of 1949), section 24 Pre-emption In pre-emption cases under section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy b......: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Begum Khodeza Akhter............Appellant (In both the Appeals) Vs. Hajera Khatun & ors...............Respondents (In both the Appeals) Judgment Septemb...... Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Begum Khodeza Akhter............Appellant (In both the Appeals) Vs. Hajera Khatun & ors...............Respondents (In both the Appeals) Judgment September 1, 1985. ..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......D) (1985) 210. ......Order, 1972 (President’s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses Act are clear enough to dictate that any investigation or legal proceedings started under the repealed statute, will not be affected......’s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses Act are clear enough to dictate that any investigation or legal proceedings started under the repealed statute, will not be affected by the subsequent rep..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....g for a decree for specific performance of contract for sale and also for permanent injunction restraining principal defendants (Respondent Nos.1-3) from disturbing plaintiff's possession in the suit land or from transferring the suit land to anyÂbody else by way of sale or otherwise. 3 The plai...... This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......(Respondent Nos.1-3) from disturbing plaintiff's possession in the suit land or from transferring the suit land to anyÂbody else by way of sale or otherwise. 3 The plaintiff's case, in brief, is that the suit land along with other lands belonged to defendant Nos.1 and 2 and Promode Nath Sen, the...... interfering with the finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to come to a conclusion…………â..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... Judgment December 4, 1984. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. The material considerati......ported in: 37 DLR (AD) (1985) 202. ......Question of title is beyond the scope of such a proceeding. The material consideration in a case under section 143A of the State Acquisition and Tenancy Act is the question of possession. Whatever may be the defect in title, if it is found that the appellants, have been poss......Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants Vs. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....he proprietor/permanent tenure holder is the same person. The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (2) It provides for partial merger which takes place if a co-sharer landlord acquires the raiyati interest under him and his other co-sharer landlords. As to sub......ojibur Rahman Mir and others………Respondents Judgment September 5, 1985. The Bengal Land 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 rev......Second Court of Subordinate Judge, Comilla. It was a suit, among other things, for declaration of plaintiffs' raiyati right, confirmation of possession and injunction and also for declaration that the relevant C.S. Khatians in favour of the defendants are wrong and without any basis. The su......ngal Land 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. X..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
..... Plaintiff-respondent instituted a suit under section 77 of the Registration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defendant No.1 executed a sale deed in favour of the pl...... Judgment July 3, 1985. The Registration Act, 1908 (XVI of 1908), section 77 In a suit under section 77 of the Registration Act the Court is concerned only with the question as to whether the document is executed by the person by whom it is alleged to have been executed bu......nim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Moshahaq Ali Mia & ors…………………Appellants Vs. Rabeya Khatun and anr…………………….Respondents Ju...... Supreme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Moshahaq Ali Mia & ors…………………Appellants Vs. Rabeya Khatu..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....ituted Title Suit No.134 of 1974 in the Court of Munsif, Sadar, Faridpur, for declaration title and permanent injunction restraining defendants Nos.1 and 2, respondents, from entering into the suit land comprising plot No. 1071 and 1072. 3. The suit land originally belonged to one Makhan ......1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the deed as either did not exist or it was fictitious………………..(5) ......5. The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the deed as either did not exist or it was fictitious……&hellip......r Chowdhury J Shahab uddin Ahmed J Syed Kawsar Ali…………………………….Appellant Vs. Gahar Kazi & ors. …………………………..Respondents ..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... had been murdered. This information he received at the school while he was appearing in his pre-test examination. He stated that there was litigation, in Fatickchari Munsif Court over a certain Wakf land between his father and the father of accused Harun. He further stated that the deceased and the......life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ...... Judgment December 4, 1984. Result: The Appeal is allowed. Acquittal The state moves the Appellate Division against an acquittal order passed by the High Court Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters th...... Md. Haroon……………………….Respondent Judgment December 4, 1984. Result: The Appeal is allowed. Acquittal The state moves the Appellate Division against an acquittal order passed by the High Court Division Principle that guides the Appellate Division in such a ma..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....Kashem & ors.......................Respondents Judgment March 24, 1985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant fai...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shababuddin Ahmed J Mrs. Malekha Khatun and others............Appellants Vs. Md. Abul Kashem & ors.......................Respondents Judgment M......DLR (AD) (1985) 164. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shababuddin Ahmed J Mrs. Malekha Khatun and others............Appellants Vs. Md. Abul Kashem & ors.......................Respondents Judgment March 24, 1985..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....e a property has been acquired for a valid public purpose under section 44 of the Ordinance, the Civil Court has not jurisdiction to question its validity…………..(8) Once it is held that the land has been requisitioned validity for a public purpose and section 44 barring the jurisdiction of......urt dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......1984. Result: The petition 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 ......rdinance, 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 property has been acquired for a valid public purpose under section 44 o..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....959)11 DLR (SC) 318; Md. Amir Khan Vs. ConÂtroller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. GoÂvernor, Delhi AIR 1980 (SC) 674; De Lasala Vs. De Lasala (1979) 2 All England Reports 1146 (1115). Lawyers Involved: Syed Ishtiaq Ahmed and Rafiqul Hoque, Senior Advoc......ubur Rahman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic ......ate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this power cannot be restricted in any manner whatsoever except by what has been provided in the Constitution itself. Since the power to review has......re, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this power..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ge Bara Char Kazal which is about four miles from the village Choto Char Kazal. Rahela died about six years ago whereupon Rahim Farazi and his son P.W.1 Ismail Farazi inherited her 1½ kanis land. On 14 December 1978 accused Sattar Mir (he is not among the appellants here) went to the......37 DLR (AD) (1985) 139. ...... of a co-accused on the basis of which these four appellants have been convicted and sentenced to transportation for life under section 302/34 of the Penal Code, keeping in view the legal position that the statement of a co-accused under section 30 of the Evidence Act is not evidence as def...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Amir Hossain Howlader & ors…......Appellants Vs. The State.................................Respondent ..Category: Criminal Law | Date: | Hits: 63
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ember, 1984. "Fresh from licence granted in lieu of expired licence No. 3 (35)/626 dt. 8.9.82 (Article No. 9 Schedule) Licence for the Transport of Petroleum in Bulk by land No. 3(35)/657. Name of Vehicle -------BEDFORD Registration ------------D......also Reported in: 37 DLR (AD) (1985) 117. ...... arises from F.M.A. No.173 of 1984. Plaintiff-appellant instituted Title Suit No. 254 of 1984 against the defendant-respondents before the 1st Court of Subordinate Judge, Dhaka challenging that respondent No.1 who participated in the tender for supply and carrying of fuel oil, lubricant e......rul Haider Chowdhury J Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....Abul Hossain who however died before deposing in Court. It was alleged that Abul Hossain and his brothers wanted to use a public pathway leading to Gaibandha Town. This path however ran through the land of the accused Joynal Abedin, who all along protested and even tried to obstruct the complaina......(AD) (1985) 113. ......pellate Court to send back the case on remand for a re-trial of the case on framing on appropriate charge against him, but it was not done. The Appellate Division of the Supreme Court held that there has been a failure of justice due to son-framing of charge under section 304 of the Penal...... Vs. The State ………………………………Respondent Judgment February 11, 1985. Words and phrases Discrepancy in the evidence Discrepancy in the evidence of the eye-w..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....ilding in the said plot as well as to sell and transfer or otherwise dispose of the said property. Mr. Wali Mohammad through his attorney Abdur Rahman entered into a contract to sell the said plot of land to the respondent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt o......aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... 397 of 1989 seeking release of the property was filed before the Court of Settlement as per provision of Section 7 of the Ordinance. 3. The writ petition was filed on the averments, inter alia, that holding No. NE (C)-2 Road No.71 Gulshan Model Town, Dhaka was leased out to Mr. Wali Mohammad by......urt Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respo..Category: Property Law | Date: | Hits: 40
M/s. House BuildÂing Finance CorÂporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....er House Building Corporation Act, 1952 was created for the purpose of providing financial facilities for construction of houses in cities and towns by granting loans on security by mortgaging land and the house to be constructed thereon. Accordingly, the appellant advanced loan to the memb......ome-tax Officer may determine." ......e cannot be charged to income-tax on any income, profits or gains which has not been actually received by it…………..(11) Income, profits or gains that have actually accrued or been actually received by the assessee, is the cash metho...... Appellate Division (Civil) Present: FKMA Munim CJ Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. House Building Finance Corporation………………Appellant all cases. Vs. ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....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 before t......rted in: 37 DLR (AD) 87. ......t 22, 1984. The Evidence Act, 1872 (Act I of 1872) Circumstantial Evidence The circumstantial evidence adduced by P.Ws 5, 6 and 7 is not at all sufficient to prove that appellant Wazed Ali and Abbas Ali were involved in the murder of Dud Mallick. In this view of t...... all sufficient to prove that appellant Wazed Ali and Abbas Ali were involved in the murder of Dud Mallick. In this view of the matter conviction of Wazed and Abbas cannot be sustained and accordingly it is set aside. Lawyers Involved: Serajul Huq, Senior Advocate, instructed ..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser ChowÂdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... capacity, the appeal does not abate even though no application is made to bring them on record. As because Abul Kaiser Chowdhury was already on record but not as Mutwally, it cannot be said that the suit abated due to technical omission of not using the word Mutwally……..(7) ...... November 13, 1984. The Code of Civil Procedure, 1908 (Act V of 1908); Order 23 rule 3 When a respondent in an appeal dies and one of his legal representative is already on record in another capacity, the appeal does not abate even though no application is made to brin..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....1), 9(2), 9(3) Interpretation of Statutes Section 9(1) of the State Acquisition and Tenancy Act substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospe......p; 37 DLR (AD) 71. ......eable interest in the suit land to be transferred by subsequent court-sale - Per Shahabuddin Ahmed J.………..(21) “It was held by the Supreme Court of Pakistan that the legislature which is competent to make a law has full and plenary power to legislate retros...... Interpretation of Statutes Section 9(1) of the State Acquisition and Tenancy Act substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from ..Category: Others | Date: | Hits: 86
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