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Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....n or charge against him or them. The trial actually started on 16.03.1981 and it is the date which should be reckoned as the starting point of the trial. The High Court Division committed no error in holding that there was no illegality in the trial without the aid of the assessors as because the tr...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ion at the right moment, and the Salimabad hat is running under management of the Government who leased out the tame as a Government but I do not like to interfere in the matter at this stage. But as holding of the new hat on the same day on which the old hat also sits is seriously affecting the old......e passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish hat and bazaar and to fix days of their sitting..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....nt and sub-let the premises and was a defaulter are finding of facts. As for the third point, namely, whether the agreement is void Mr. Khondker argued that the learned Single Judge erred in law in holding so. 8. The trial court had found that the tenant was a defaulter the revisional court cam......es, he may apply to the Controller to increase the standard rent to the extent of the increase in the amount for the time bung payable by the landlord in respect of such rates, taxes or cases over the amount paid in the period of assessment which included the first date of December, 1941."..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
.... the station with intimation to the contemner because he is a second class Magistrate. The feeling that flows underneath is that the contemner is a first class Magistrate and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after in......riminal Miscellaneous Case No. 24 of 1984. 5. During the pendency of the above Rule for contempt District and Sessions Judge, Rangpur forwarded two representations mace by respondent No. 2 to the Government praying Sot his transfer from Chilmari, On perusal of the representations the learned Judg..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....pointed by the Election Commission. Article 28 provides for transfer of an election petitioner from one tribunal to another tribunal by the Election Commission. Article 29 lays down the manner of holding the trial of an election petition including the hearing of an appeal from the decision of ...... Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 18..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... of this Court's earlier judgment in Civil Appeal No. 27 of 1975, reported in 29 DLR SC 295. Both the trial Court and the lower Appellate Court, on a concurrent finding of facts, decreed the suit holding that defendant-appellant is not a legitimate son of Amir Ali, and the learned Single Judge ......question of legitimacy of the defendant would be decided by a competent civil court and till such decision the defendant was to continue as the Mutwalli (vide 29 D.L.R.). The first round was thus over. 6. Now the second round. The plaintiff brought the aforesaid suit for the declaration menti..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....on and the Pleader Commissioner allotted the said land to the plaintiff and the final decree was pasted thereon. The contention of the learned Counsel was that the High Court Division erred in law in holding that the preliminary decree cannot be corrected and modified in the appeal against the final......take 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 first schedule of the writte..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....in possession of the suit land and the suit is, therefore, liable to be dismissed. 5. Trial court dismissed the suit First appellate Court allowed the appeal in part (O.S Appeal No. 387 of 1961) holding that the sale was without jurisdiction and void but that the trial Court's finding of posses......r the plaintiff-appellants, made pointed reference to the facts of the case. According to him, the facts involved would show that this was a case of mistaken identity of land inasmuch as the controversy which arises from the sale of "Mohal No. 5 Tafur Ali" Is due to such mistake and identity ...Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....ent 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 tenants are tenants by holding over. The Appeal is allowed………….(11 & 12) Cases Referred to- Jessel M. R. in R...... 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 tenants are tenants by holding over. The Appeal is allowed………….(11 & 12) Cases Referred to- Jessel M. R. in Re. Strin..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....wn to tae Zaminders that he was in possession. In 1951 with the acquisition of rent receiving interest, the Zaminder has disappeared and he becomes tenant under section 3 (4) (e): ''all tenants holding lands in such estates, (taluks, tenures, holdings or tenancies) directly under the rent-...... 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....ing societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as such he lies out side ...... Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land m..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....apons. Again, when five persons including Mujaffar variously armed proceeded to kill Nurul Islam, it is difficult to understand why the mother-in-law also joined them carrying a dao in one hand and holding a kupi in the other. Non- mention of the kupi, the only means of recognition of the assailan......ase arising out of the same incident should be tried simultaneously by the same court. Though these is no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination o..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....Further contention was that since the matter in controversy in the miscellaneous Case and the Title Suit are the same, the learned Judges of the High Court Division committed an error of law in not holding that section 10. C.P.C. is applicable to, the facts in the present case as the terms of sect......compromise the purpose of special law will be frustrated and also there will be no end to litigations if civil litigations are allowed to proceed. Further contention was that since the matter in controversy in the miscellaneous Case and the Title Suit are the same, the learned Judges of the High C..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....t produced in the Certificate Proceeding itself before the Revenue Court; for the Certificate Proceeding already came to an end and was disposed of before the land was put to sale. The proceeding for holding auction is a different proceeding which was not conducted by the Revenue Court, namely the C...... of Certificate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his land measuring one acre was directed to be sold in auction for realisation of some government dues. On 12-3-1964 a public auction was held for the purpose and three brothers namely, Ab..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....from those, for example, of ss. 196 and 198, Criminal P.C, by which a bar is placed upon the jurisdiction of the Criminal Courts." 17. In the latter case, reliance was placed upon this decision in holding that a private person can complain of the commission of offences under the Companies Act, ......der whether in view of the provisions of the Printing, Presses and Publications Ordinance which impliedly provide for complaint to be made by the prescribed authority or an officer designated by the Government for violation of the provisions of section 4, a private citizen was competent to lodge a c..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....2 who belonged to the ruling party. These allegations by the appellant find support from the authorities, failure to take any action during the continuance of the regime, though two Magistrates after holding enquiries submitted reports in 1975 in favour of the appellant firm. 25. Respondent No.1 ......t 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 petrol pump station was done without authorization of law..Category: Business or Commercial Law | Date: | Hits: 118
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....peal was allowed and the judgment and decree of the trial court was set aside and the plaintiff's suit was dismissed. 6. The High Court Division dismissed the appeal preferred by the plaintiffs by holding: ''Both the courts below have found that the plaintiff's vendors were dispossessed in the......ent and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as plaintiffs instituted Title Suit No. 385 of 1966 in the 1st Court of Munsif, Bagerhat, for recovery of khas possession and mesne profits alleging, inter alia, that the suit plot being part of C...Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ul Kader Chowdhury, Abu Bakkar Chowdhury and Shah Alam clearly amount to harassment and abuse of the process of the Court." Reliance was placed on the decision reported in 1950 Cr.L.J. 838 (Punjab) holding that criminal proceedings started on a complaint which did not contain any definite accusati......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....Ward No. 3. 4. The Election Tribunal, respondent No. 2 allowed the election case and declared the election held in Ward No 3 of the aforesaid Union Parishad as invalid. Further, he directed for holding of a fresh election in the ward within 30 days from the date. The election of respondent No.......…..Appellant Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amendment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no. ..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....additional evidence in a Miscellaneous Appeal under 41, rule 27 of the Code of Civil Procedure. 2. Leave was granted to consider the question whether the High Court Division mis-directed itself in holding that additional evidence would only be allowed if the Court was not able to pronounce judgme......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
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