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Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....Government on a monthly rental. The appellants applied on 8.9.66 to the Relief Commissioner, Dhaka, under the provisions of the Disturbed Persons (Rehabilitation) Ordinance 1964, for permission for execution and registration of the deed of exchange in their favour on the basis of the Power of At......attorney said to be executed by him and maintained that the disputed property was neither an enemy property nor a vested property. On 31.1.75 he entered into an agreement with respondent No. 4 for sale of the disputed property and received Tk. 3,85,000/-. He disputed the authority of the ADC (Re...... Nos. 1-4 challenging the legality of the Memo No. Da-73/84/202 Acqn. dated 28.2.85 (Annexure-M to the writ petition) issued under the signature of respondent No. 3, setting aside, inter alia, the deed of settlement (Annexure-G) dated 9.10.79 and declaring further that the property, Holding No. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......hers, predecessors-in-interest of some plaintiffs and defendant Nos. 2-15. On 20.11.1931 Jatindra Kumar Basu and Basanta Kumar Basu auction purchased the entire pattani howla which was put to sale by the Bhulua Zamindars for arrears of rent. The auction purchasers took delivery of possessio......tially not one for determining whether there has been "no balance due" but whether there was existence of any land at all. The suits mentioned in section 14 of the Patni Regulation are indeed suits alleging that "no balance was due" to the Zamindar or that there was material ..Category: Property Law | Date: | Hits: 28
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. ...... 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. ...... 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. ..Category: Civil Law | Date: | Hits: 99
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
.... granted by the learned Judges of the High Court Division is not contemplated in law, in this case, in section 426, Criminal Procedure Code. The learned Counsel contends that realisation of fine by execution of the sentence is not the duty of the appellate court and that specific provision has b......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....or setting aside the sales were barred by limitation. The trial Court further held that the petitions were not maintainable as no case had been filed by the appellant for setting aside the decrees in execution of which the impugned sales took place. The appellate Court concurred with the said findin......d before deciding the question of limitation. The applications being clearly time-barred, the courts were not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,1......nt finding made by the courts below that the applications for setting aside the sales (Misc. Case 37/ 67 and 38/67) are barred by limitation and this has been approved by the High Court Division. Indeed it does not appear from the impugned judgment of the High Coir Division that the concurrent fin..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....s described in the schedule to the plaint previously belonged to Dinerdra Nath Ganguli who entered into an agreement on 11.8.19.66 with Dr. Aziz Meser Mohammad Ali for sale of the suit property. Upon execution of the said agreement the plaintiffs were delivered part possession of the suit property. ......inter alia, that the properties described in the schedule to the plaint previously belonged to Dinerdra Nath Ganguli who entered into an agreement on 11.8.19.66 with Dr. Aziz Meser Mohammad Ali for sale of the suit property. Upon execution of the said agreement the plaintiffs were delivered part p......ises from Ahsan Ahmed and started a Printing Press. Further case of the defendant is that Surendra Nath made a gift of the suit land in favour of his grandson Chitta Ranjan Tarafdar by a registered deed dated 4.8.1940 Ext. ka and thus Chitta Ranjan Tarafdar began to possess the suit land. The re..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......er, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. There is no answer as to why no steps were taken by the appellant Society for executing a lease deed incorporating the terms of lease of the fishery in question from 1392 to 1394 B.S. as decided..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......as entitled to pre-empt the land sold in auction on 12th December 1969 to the pre-emptees who were strangers to the case holding. Respondent No.1 also asserted that he had no knowledge of the auction sale till 12th February, 1967 when he heard about the sale from one Nurullah. After obtaining a cert...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......procedure for granting licence, said to be followed by the licencing authority. The procedure has been changed several times. It is not a statutory rule. 7. The appellants' right is based on the deed of licence. Paragraphs 11 and 12 of the deed of licence read as follows: "11. This licenc..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
.... suit was filed on 3rd February 1977. Section 36 of the Public Demands Recovery Act reads as follows: "36. Notwithstanding anything hereinbefore contained, a sale of immovable property in execution of a certificate shall not be held to be void on the ground that the notice required by ......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 setting-aside the auction sale. The respondent’s allegation of fraud and collusion in holding the auction has not been subst......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 ..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....a decree of partition, decree-holders are not liable to pay any compensation for demolition of a part of the building which fell to their saham. Function of the Executing Court is strictly limited to execution of the decree as it is. The Executing Court got no authority to go beyond the decree and a......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....g the decree-holder from executing the decree and if an injunction is granted purpose of the suit under section 9 will be frustrated. No injunction can be granted on the plea of title to restrain the execution proceedings, because this tends to deprive the decree-holder of the fruits of the decree o...... the fruits of the decree obtained by him. 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) 251 ...... the fruits of the decree obtained by him. 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) 251 ..Category: Tenancy Law | Date: | Hits: 114
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man used to torture, his father Sefat although he got a deed of gift from him in favour of his sons. Sefat died an unnatural death and Bourbi Bewa, Nazrul's..Category: Criminal Law | Date: | Hits: 32
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 ......e Suit No. 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ashutosh Debnath for specific performance private complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owne......ously while the proceeding is pending in the Civil Court, the offence of using a forged document must wait until a complaint is made by the civil court. The two offences are so inseparably linked-indeed the latter offence is dependent on the former - that it cannot be conceived that the trial of..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......on Act applies to an application under section 26F by a co-sharer tenant who has not been served with notice under section 26C and his application would be in time if made within three years of the sale (52 CWN 64). Although the learned Munsif mistakenly held that three years limitation would run ......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..Category: Procedural Law | Date: | Hits: 92
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......al of the goods by him did not come in conflict with any Instructions and directions and that from the disposal of the goods the Corporation did not incur any loss, allegedly of Tk.30,000/-, as the sale was held according to the previous price rates. On a similar charge of "inefficiency, miscond......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......exercise of its jurisdiction can decide wrongly as well as rightly. In Malkarjun V. Narahari and another reported in 25 (Bom) 337 P.C. it was pointed by the Judicial Committee that the judicial sale was not a nullity and could not be treated as invalid notwithstanding any irregularity even t......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
.... Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte decree in Title Suit No.308 of 1980 and got delivery of possession of the land in suit in execution of the decree. But on an application filed by the defendant-respondent under Order IX, r......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. ......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. ..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 ...... 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 ......d Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made over to the requiring bodies under a deed of transfer allowing them to hold such land free of rent after realising capitalized value of..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. ......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. ......04 B.S. Ext B(1). Pitamber died leaving 3 sons from whom the property devolved upon Raj Mohan and others by inheritance. They exchanged their lands including the suit land with defendant No. 1 by a deed of exchange dated 22.2,64 (Ext.B) Defendant 1 is in possession of the suit land by virtue of th..Category: Property Law | Date: | Hits: 43
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