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Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....the respondents filed a revisional application as referred to above and thereupon the learned Single Judge of the High Court Division set aside the order of conviction and acquitted the respondent holding, among other things, that then participation in the incident of arson and rioting being dou...... of doing that act. The alteration of the finding by applying section 149, instead of section 34, is not bad in law as ‘‘common intention" and "common object" have overlapped in this case……….(9) The respondents being members of an unla..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....desh cannot claim the property without following the procedure in case of intestacy and secondly notwithstanding the evidence of the plaintiff's witnesses the High Court Division erred in not holding that the plaintiff had sufficiently proved the case so as to seek the declaration as prayed......ved a notice under section 92 of the State Acquisition and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as abandoned property and the Government of Bangladesh would not enter into the khas possession on the death of Gouri Dasi w..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
.......Respondent Judgment November 17, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 107 (1) (b), Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shea...... evidence the learned Judges observed as follows: 'It appears that when O. Ps. Ws. were examined no rent-receipt or document was filed. After the examination of O. Ps. 1 to 4 was over, certain documents were filed on 17.12.79 and they were marked as Exts. A, A(1), B, B (1..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
.... In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the defendant was no better than a licensee and the appeal was correctly allowed in a...... exchange. It was held that such Memorandum is not a contract or deed of exchange which along on registration can pass title to the parties concerned. The Court observed “that the whole controversy between the parties rest on the fact of a memorandum on the rights of the parties under..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... that there was no illegality on the face of record and dismissed the revision by his order dated 26.2.82. 9. The High Court Division dismissed the revision (C. R. No. 692 of 1982) by holding that the "receiver's lien was not liable to be frustrated" and considered that t......y it transpires that the receiver appointed some persons for seeing the works without taking prior permission of the Court and he should pay out of salary against these persons. It is illegal Moreover it is apparent chat & huge work of market construction investing several lacs has been ta..Category: Property Law | Date: | Hits: 39
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
.... have been preferred when another construction is open. Subsequently, in the case of Krishna Chandra Paul Vs. Khoyar Sardar, 20 DLR 746 another Single Bench took the view that a person who is holding land by giving a share of the crop must be doing so under the system known as Borga, Adhi o...... Appeal No. 1355 of 1968. 2. Defendants are the appellants Plaintiff respondent filed Title Suit No. 66 of 1966 in the Court of Munsif, 2nd Court, Serajganj for declaration of title and recovery of possession. His case was that the suit land described in the schedule ‘Ka’ and..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....order of the court. He argued vigorously that the judgment of the High Court Division in Second Appeal clearly shows that on point of possession there was ‘conflicting' decision—the trial court holding that the plaintiff was in possession while the appellate court below found possession in fav...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..Category: Civil Law | Date: | Hits: 114
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... decree on 27 February, 1978 granting probate of the will. But on appeal by defendant Krishna Moni Devi, a Division Bench of the High Court Division reversed the finding of the District Judge, and holding that the execution of the will was not duly proved on fulfilling the requi...... or thumb impression on the will. When a written will is sought to be proved, it must be proved by fulfilling the statutory provisions namely, provisions of sections 67 and 68 of the Evidence Act governing proof of a document. In addition, the special requirements of section 63 of the Succession..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
.... 2. Appellant No. 1, M/s. Gannysons Limited was incorporated under the Companies Act in East Pakistan, as it then was, on 19th September, 1962. Appellant No. 2 is a resident Director holding 19,000 shares of the company since 1962. Other Directors are (1) Ashraf A. Ganny, a British......983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachme..Category: Property Law | Date: | Hits: 47
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....four sons who left for India long before and the case land vested in the Custodian of Enemy Property. The learned Munsif allowed the Miscellaneous Cases and directed the correction of the Khatians, holding, inter alia, that the pattannamas Exts. 1 to 1 (b) and the Dakhilas Exts. 2 to 2(g) are gen......ealising rent by granting dakhilas. Further case of the plaintiff respondent was that the revisional record-of-right was wrongly prepared in the name of the said four sons of Anath Bandhu Guha overlooking the possession of the plaintiff on the basis of the settlement from the owners. T..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... is entitled to get her in his custody after release. 3. The learned Judges of the High Court Division after hearing the parties and perusing the affidavits rejected the appellant's prayer holding that on the facts disclosed the appellant has no locus standi to be impleaded in the proce...... and to send here in his custody. The appellant move the High Court Division for being added as a party in the said proceeding stating, inter alia, that the said Chandana Rani Deb Nath, aged over 16 years, has embraced Islam and re-named as Nadia Begum, his legally married wife and he has ..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
.... benamdar of defendant No. 1. Defendant No.1 further contended that the Miscellaneous Case No. 116 of 1942 was filed against the plaintiff and others for the separation of jama of the disputed holding. As the plaintiff did not claim the rent of the lands in his share the jama was divided. By......tion of jama of the disputed holding. As the plaintiff did not claim the rent of the lands in his share the jama was divided. By virtue of his purchase by the kabala and adverse possession for over the period of limitation the mortgage had been extinguished and, therefore, the plaintiff..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....y of possession of immovable property and for declaration of title. In this view we held that the learned Additional District Judge committed an error of law apparent on the face of the record in holding that the present suit by the plaintiff against the order of dismissal from his servic......egisters which, he said, were lying in his residence, but he did not return. Subsequently, an ejahar was lodged against him and a criminal case was also started. Police sealed his house and recovered some official registers and documents from his house in the presence of a Magistrate. Specia..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....n acquittal, there can be no second prosecution of the accused for the same offences. The Code of Criminal Procedure, 1898 (V of 1898), Section 202 Witness’s statement before the Magistrate holding enquiry under section 202 may implicate persons not named before the Investigation Officer. ......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
....and 6 months each, in default, to suffer rigorous imprisonment for further period of 6 months. 6. On appeal by the accused respondents, the learned Session Judge set aside the order of conviction holding, inter alia, that Exts. 2-2(b) are not genuine and further there was no evidence to hold tha...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....ct of the portion so omitted or relinquished " A Division Bench of the Calcutta High Court which considered this question on a revisional application, rejected the defendant's contention holding that the provision of sub-rule (2) could not apply when the omitted claim is set up in the ......ht from the defendants." 5. This decision is not helpful to Mr. Karmaker’s argument. The decision reported in 45 ILR as relied upon by Mr. Shahabuddin Ahmed appears to cover both law and fact of the instant case. There the plaintiff filed the suit for recovery of mone..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ntested the suit. They denied that the reversion for temporary appointment to his substantive post in his parent department amounted to reversion by way of punishment. Further, as the appellant was holding the post of E. P. C. S. (Executive) Class II temporarily there was no malafide or illegali......unts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohammad Siraj Vs Pakistan, PLD 196..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... receive money in fiduciary capacity then he could not be charged with fraudulent breach of trust by reasons of his failing to account for that money. He considered that if the partner is holding property belonging to the partnership then he is holding it as one of the partners and entit......had a different intention……………………(9) Partnership business- Partner cannot be held liable u/s 405 of the Penal Code In case of partnership every partner has dominion over the partnership property by reason of the fact that he is a partner. It is a kind of dominion w..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ssession and as such the court got no further jurisdiction to entertain any objection as to execution, discharge or satisfaction of the decree. The Executing Court dismissed the Miscellaneous Case, holding, among other things, that the alleged death of the defendants was not proved by producing a......has been left for the final decree is the execution of the consequential work, such as, demarcation of different sahams in a partition suit, or ascertainment of mesne profit it in a suit for the recovery of such profits. Opinions were however divided on the question, whether on the death of a par..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....tered kabala dated 22 December, 1972 alleging that the vender-respondent No. 2 sold the land to the appellant, a stranger, without serving any notice upon him although he was his co-sharer in the holding by inheritance. The appellant contested the Pre-emption case alleging that no transfer took ......suo motu. The learned Single Judge has rightly relied upon a decision of the Supreme Court in the case of Md. Swaleh V. Messers. United Grain and Fodaer Agencies, 16 DLR (SC) 155 on this point. Moreover, the order of remand was based upon the view that the question of benami can be gone into, but ..Category: Property Law | Date: | Hits: 122
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