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Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....y is a legal person which could sue and be sued. See section 15(2). It could also own land and dispose of it. See sections 94 & 95 of the Bengal Municipal Act, 1932. It can acquire and dispose of property. It can acquire land within or outside municipality compulsorily through the Government. Se...... (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....rely superintendent of the Madrasah and a paid employee. For the purpose of Madrasah the acquisition was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocational training and the land......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....bdul Rashid. Both of them had contested the Union Council election, against the accused Muslim who succeeded in defeating them. 7. It was also suggested that the accused Muslim had claims over the property which was purchased by Khursheda, daughter of Hatem Hajj. It was also suggested by Kamini...... allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....nt Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the ap......ia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the appellants had led to..Category: Property Law | Date: | Hits: 42
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....0(1), 0(2), 0(3) and a copy of the judgment of the High Court Division in Criminal Revision No. 285 of 1982. Those papers show that the Cantonment Board did not treat the premises as an abandoned property; rather the Board mutated the appellant as owner of the property; the Director, Military La...... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a Notification dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written statement. The Government by a Notification dated 14th ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....laim or resisting this consequences arising from the agreement……(12) Doctrine of estoppel applies to respondent nos. 1 (c) and 1 (e), who having endorsed in the resolution of selling the property, did not come forward to file written statement for contesting the suit, they also cannot c......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....tice against him. No such notice appears to have been served upon him. Respondent's action not only interfered with the appellant's right to publish the weekly but also interfered with his right to property for which he could legitimately raise grievance on account of violation of the principle of.............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ns between the parties over the self-same land. The learned Sessions Judge considered the locus standi of the first party as to whether they had any prima facie title and possession in the disputed property. The learned Sessions Judge considered that the first party failed to produce their basic......so Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....iff’s first cousin (Khalato sister) and Amir Ali was himself one of the witnesses of this marriage. Rent Receipt Ext. E series between 1953 to 1957 show that Khorshed rented a part of the wakf property from his father Amir Ali and he was shown as first son of Amir Ali. The most important doc...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....ion 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged to the defendant Appellant, the property never being in controversy in the suit, the decree is liable to be amended by excluding the......te Division (Civil) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Ismail Ullah, being dead his heirs Bazidullah and others……….Appellants Vs. Sukumar Chandra Das and others………………………..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....d Counsel submitted that there being no proof that the notices were sent to the proprietor of the jote by registered post, the alleged auction sale did not affect the appellants' right to the suit property of jote No. 5 Rajab Ali. In this connection the Counsel also submitted that the learned Jud...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....it is shown that it has ceased…………….(10) If the heirs of the late tenant continue to stay on, but do not pay rent they shall not be permitted to say that the landlord has no title on the property and in case such heirs claiming title must first restore possession to the landlord. These ......tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....of the land for more than 60 years. 7. The arguments are not convincing. Firstly, P. O. No. 90 of 1972 has no manner of application, because the plaintiff has not challenged the acquisition of any property under the State Acquisition and Tenancy Act nor the question of adverse possession arises h...... Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, f..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....-operative Societies Act, primarily and basically a cooperative society, the objects of which include the creation not funds to be lent to members on long terms upon mortgage of their immovable property; and a "co operative society" means a society registered under this Act. Status and managem......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....e Certificate Officer. It was conducted, as evidence shows, by his clerk who is co-accused Syed Ahmed Patwary. It is also necessary that after an order is passed in a Certificate Case for selling a property in auction the Certificate Officer himself will hold or conduct the sale; the sale may be......-Record—For the Appellant (in Criminal Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Divisio..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....afiq Press at 43, Bangla bazar, Dhaka Under the provisions of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972), the Press became an abandoned property. Appellant Nos. 1 and 2 are the Chairman and Secretary respectively of the Shafiq Press Kar...... Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, 1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....January 1972; Secondly, there was no law earlier than 16th February 1972, the date on which the Abandoned Property (Control, Management and Disposal) Order was promulgated for taking over appellant's property as abandoned property, there have been no violation of the conditions in the agreement date......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....iminal Procedure, 1898 (Act No. V of 1898), Section 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the......ction 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court disposes the Appeal on compromise and a..Category: Criminal Law | Date: | Hits: 53
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....khas possession was given on 29.7.61. This over-sight has led the appellate court to come to an erroneous conclusion that the defendants "openly and adversely was in physical possession of the suit property somehow or other" and inferentially recorded the finding the adverse possession had perfect...... Supreme Court Appellate Division (Civil) Present: FKMAMunim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors............Category: Property Law | Date: | Hits: 63
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