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Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ection 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 substantiated. If the auction sale stands, the plaintiff-respondent......nd another. .....................Appellants Vs. 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 agains..Category: Property Law | Date: | Hits: 35
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....d 19th August 1984 the learned DisÂtrict Judge rejected the prayer for temporary injuncÂtion and vacated the order of stay. In doing so he placed reliance on a decision reported in AIR 1955 All. 64 holding that temporary injunction cannot be granted against executing a decree passed in a suit unde......ssession in plot Nos. 874 and 875 including the land purchased by the appellant from Jahanara Begum. They instiÂtuted Title Suit No. 141 of 1981 in the 1st Court of Subordinate Judge, Barisal for recovery of possession under section 9 of the Specific Relief Act on the alÂlegations that they have b..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....issing the complaint. The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of l...... of 1980 of the Court of Sub-Divisional MagisÂtrate, Shariatpur, along with G.R. Case No. 106 of 1980, corresponding to Sessions Case No. 51 of 1981. The case has run a zigzag course for a period of over 9 years. For the purpose of deciding the quesÂtion raised before us the relevant facts thereof..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
.... the case was lodged at the Thana eight miles away at 10.15 a.m. on the following morning and in that F.I.R. it was clearly stated that the appellants fired upon Safi-luddin with guns which they were holding. The inÂformant got knowledge of the occurrence from his mother and sister and if he could ......er Sefat after Nazrul was born of another husband who had died. Deceased Safiluddin was Sefat's son by anÂother wife named Sadeka. Admittedly there was enÂmity between Nazrul Islam and the deceased over anÂcestral property for a long time. The other accused are relations and associates of Nazrul ..Category: Criminal Law | Date: | Hits: 32
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....Thus the case was filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting la......In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed 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)
.... the Corporation by Office CirÂculars, act and conduct, adopted the Government Servants (Discipline and Appeal) Rules for their employees and that they applied these Rules in drawing he proceedings, holding enquiries and in issuing second show cause notices; as such they are bound to apply the rule......med. He did not show any cause but filed the writ-petition under Article 102 of the Constitution challenging the order taking the ground that in view of the mandatory provision of Rule 7 (11) of the Government Servants (Discipline and Appeal) Rules, 1984 he stood discharged from the charge as the sp..Category: Employment/Service Law | Date: | Hits: 112
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ourt and obtained Special leave to consider whether, in view of the provisions of section 22 of the State Acquisition and Tenancy Act, 1950 the learned Judges of the High Court Division were wrong in holding that the lands in question were not liable to assessment of rent. 6. Mr. A.W. Bhuiyan Add......ll the lands within the country is amenable under section 22 of the Act for the purpose of collection of rent……………………..(8 & 9) In view of the express provisions of section 22 even Government cannot, by an order or agreement, exempt any land from assessment or payment of rent. The ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....: 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 of Samad Ali continued and that under Ext, B(1) the Taluki interest only was tr......suit properly and they sold their taluki interest by kabla Ext. B(1) to Pitambar, that the vendors of defendant No. 1 had accordingly inherited taluki right from PiÂtambar which was acquired by the Government under the State Acquisition and Tenancy Act since 1956 and consequently defendant No. 1 ca..Category: Property Law | Date: | Hits: 43
....5.)
Judgment
ATM Afzal J.- This appeal by leave is from judgment and order dated 22 July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 4 of 1985 discharging the rule and upholding the Government order canceling the appellant's license for revolver and confiscating the sam......stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping, himself in complete darkness and then presenting him with a fait accompli. The Government order (cancelling the revolver licence) has been passed without lawful authority and is of..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....eded for such period, not exceeding the resiÂdue of the term of such Paurashava, as may be specified. (2) On the publication of notification under sub-section (1)- (a) the person holding, office as Chairman and commissioners of the Paurashava shall cease to hold office; (......upreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelÂopment and Co-operatives, Govt. of Bangladesh............................App..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.....T.M. Afzal J. - This appeal, following leave, by the four accused-appellants arises out of the judgment and order dated 14 February 1985 passed by the High Court Division (Jessore Bench) in appeal upholding the conviction of the appelÂlants under section 302/34 Penal Code and sentence of transport...... the evidence adduced in the case is accepted as true and correct, yet it will not justify the conviction of appellants 2-4 under section 302/34 Penal Code. He has argued that admittedly there was no overt act on their part and there is no reliable evidence to show that appellants 2-4 ordered appelÂ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....ve defendant No. 1 of his interest in this suit land. 4. The appellate Court upheld the findings of the trial Court. In second appeal the High Court Division dismissed the plaintiffs' appeal after holding that "in the background of the changed society and social outlook and the need of the countr...... right of way, right of drainage and right of pasturage on the basis of a lost grant and customary right, and for permanent injunction. Their case is that the villagÂers of Paikpara had been grazing over 1956 acres of the suit plot from time immemorial for over 100 years. The defendants tried to cu..Category: Civil Law | Date: | Hits: 113
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....25 March 1971. M.H. Rahman J. - I think the appeal should be allowed. The Government of Bangladesh has been treatÂing the respondent's property, 'Lismore Court' on plot No.NE (G)-II, Municipal holding No.7, Road No. 75, Gulshan, Dhaka, as an abandoned property since 1972. As the Government re...... Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....an J. - This appeal by special leave, at the instance of defendant No.2 and the heirs defendant No. 1, has arisen out of a suit for partition. 2. The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five person......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 ..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....first appellate court and restored that of the trial court 6. Being aggrieved the defendant-appellants obÂtained leave from this Court to consider whether the High Court Division was wrong in not holding that the contract as mentioned in sub-section (5) of secÂtion 18 of the Premises Rent Contr......of 1979 passed by a Single Judge of the High Court Division Comilla on 11.1.83. 2. Plaintiff- 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-..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)
....ourt Division being Civil ReviÂsion Case No. 152 of 1983. The learned judges of the High Court Division, by the impugned judgment and order dated 27 March 1984 March 1984, disÂcharged the rule upon holding that there was no ground for directing a remand as prayed for by the appellants. 7. Leave......court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....to save such trials which could not be concluded within the time limit specified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bh...... save such trials which could not be concluded within the time limit specified in section 339C. Construction put to the Ordinance by the learned Judges is not found to be correct. This case is fully covered by the Ordinance; the impugned orÂder is not sustainable in law. 5. In the result, the ap..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
.... aggrieved the appellant moved this Court and obtained Special Leave to Appeal to consider the following, contentions- "1) Whether the learned Judges of the High Court Division were wrong in holding that the admission of the plaintiff-respondent that the defendant-appellant paid rent to ......sain 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 recovery of khas possession of the suit premises after rejecting the defendant- appellant and for compe..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....d the findings of the trial Court and allowed the appeal. 3. Facts are as follows: In 1928 Dhaka Lodge was given a lease of the suit plots being Plots No.74, 160 and 163 of mouza Purana Paltan at holding No.71 measuring more or less 1 bigha 5 katha for 99 years. The Lodge Dhaka, a Philanthropic ......iety. 4. There is a two storied building having 3 rooms in each floor and the entire property including the building was under the possession of the plaintiff's society. Trouble started when the Government was given the permissive uses of the premises and since the title of the plaintiff was in ..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e, fraudulent and not binding upon the defendants. 5. The trial court rejected the defendant's claim of title by inheritance, found the plaintiffs title in the suit land, but dismissed the suit by holding that the plaintiffs title had been extinguished by more than twelve years' adverse possessio......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. ..Category: Property Law | Date: | Hits: 35
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