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Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
.....C. Suit No, 136 of 1964 was brought against Esarunnessa Bibi, the predecessor of the appellants. Two suits were in respect of two distinct tenancies, which are shop rooms situated in the Municipal holding No. 7 A.B. Guha Road, Mymensingh, which the respondent claimed to have purchased by register...... had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent over again from the tenant defendant-appellant. The tenant is not a defaulter…………(14 & 1..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....ention of the said witness to the statement in the said document, under section 145 of the Evidence Act, did not arise. The learned Judges of the High Court, accordingly, fell into an error in holding that the said document could not be taken into consideration. It appears that ......Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon and for recovery of possession of the same and for mesne profits. The suit was decreed by the learned Sub..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....law the appellant is not inquired to discharge. The next contention was that the learned Judges of the High Court Division mis-interpreted the provision of section 12 of the Stamp Act and erred in holding that the adhesive stamp affixed on the instrument on plain paper have been duly cancelled. ......the Rajshahi Collectorate shows the last number to be 3656 of September, 1969). The appellant obtained the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No. 2 in ..Category: Business or Commercial Law | Date: | Hits: 113
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....s were shown in the notice issued under section 5(1) of that Act in L. A. Case No. 91 of 1962-63. Harilal Goswami made a representation to Mr. G. A. Madani, the then Chairman of the D.I.T. who, after holding some enquiry, passed an order on 16-2-66 on the body of the sketch man, annexed to the petit......order, he made a representation to the Additional Deputy Commissioner (Requisition) Dacca who on the basis of the direction of Mr. Madani took the view that the area marked 'A' in the sketch map covering plots Nos. 732, 733, 734, 694 and 737 which were not required for the purpose of D.I.T. staf..Category: Property Law | Date: | Hits: 48
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....another, reported in 11 D.L.R. (S.C.) page 394 and Mazharul Huq Vs. Ishaque Sardar and others, reported in 14 D.L.R. (S.C.) page 251. In the former case, it was held that a Magistrate holding the preliminary enquiry has power to sift and weigh evidence only for the purpose of determ......ons alleging that they had murdered the two persons at the instigation of the appellant who promised to pay them Rs. 2000/- and had paid Rs. 1000/- in advance. This amount was subsequently recovered from the co-accused Nagar Bashi. Police investigated the case and submitted charge sheet and..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....ld on behalf of the informant. Mr. Promod Chandra Bose who appeared from the informant appellant contended that the learned Judges of the High Court, committed an error of law in holding the section 34 was not applicable to the facts and circumstances of the case and in setting......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....h is reported in 26 DLR page 1. The observation to which reference was made by the learned Judges of the High Court Division, was as follows:— "For the foregoing reasons we have no hesitation in holding that the Collaborators Order does not give any indication of a legislative intent to depri......s also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
.... and since the question of a poll could not arise in a case where only one candidate was left in the field, fresh nomination papers ought to have been called for to satisfy the legislative intent of holding a poll for election to the office of Chairman. In support of his contention Mr. Pal submitt......ion of the Returning Officer. 6. We also heard the learned Attorney-General on the question raised by Mr. Pal. He argued that President's Order No. 22 of 1973 which is called the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (hereinafter referred to as Order No. 21) was ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....erial might have been found in the stomach of Maleka. The fact the bladder was full of urine also poses a question whether Maleka passed urine or not when she woke up for 'Sheri'. The Doctor while holding the post-mortem examination did not record the age of the injuries. In a case of ......Durani who had been in the hut of Yasin Sk. On that night was not found in the house after the said occurrence. The defence further case was that there was a friction between Habi Durani and Maleka over the latter’s share in their paternal properties Habi Durani wanted Maleka’s share ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....iff-respondent's possession of the transferred land; 2) Whether the learned Judge has correctly applied Article 10 of the Limitation Act in the facts of the instant case and holding that the suit is not barred by limitation. Right of 'shufa' or pre-emption under the Moham......medan Law execution of instrument of sale is not necessary to complete the sale; the sale is complete with the passing of consideration and delivery of possession. 6. There is some controversy on the question, whether a sale though not complete as contemplated under section 54 o..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
.... Tenancy Act, an under-raiyat interest not being transferable without landlord's consent, transfer of the Kol-karsha to the defendants without landlord's consent amounted to abandonment of the holding by the under-raiyat whereupon the landlords, namely, the plaintiffs, got right ......bered as Title Suite No. 71 of 1961, against the respondents for establishment of their auction-purchased right and title in the suit land, for confirmation of possession in the alternative for recovery of possession from the main defendants and also for an injunction against them. The Suit land..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....uld not affect the plaintiffs reversionary right as well. An appeal was preferred by defendant No. 2 to the High Court Division which reversed the decision of the trial court and dismissed the suit holding that the plaintiffs having been out of possession of the suit land since the death of thei......hibits B-2 and B-3, have bee produced showing that the land-lords granted these receipts to Dwijendra as Shebayet-in-Charge of the suit properly. The rent receipts cannot take precedence over the registered sale-deed executed earlier by the rightful owner Mungro Mali. Defendant No. 2 p..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....ential for the safety of the community to guard it by very strict rules'' and that "the privilege must be closely examined in order to see that, in such cases as this, there is no injustice in holding that it exists". He then observed as follows: "I also agree that in t......volves interpretation of the words "the proceeding of a court of justice" appearing in the 4th exception to section 499 of the Penal Code. Counsel contended that this exception does not cover statements made in written complaint but statements made orally in open court. 3. It wo..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....tatutory compensation. 4. The application for pre-emption was resisted by Keramat Ali on the ground, among others, that the 'B schedule lands, buildings, and structures which bear Municipal holding No. 49/2, Purana Paltan Line, Dacca, was previously held by Sakina Bai on her purchase from...... latter part of January, 1973. On making enquiries the appellants came to know about the transfer in February, 1973. As the schedule properties are non-agricultural homestead which existed for over twenty years prior to the appellants' purchase, they filed the aforesaid petition for pr..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....d by the respondent before the High Court Division in an application under Article 102 of the Constitution. The learned Judges of the High Court Division set aside the impugned order of termination holding that the order of termination was passed for a collateral purpose i.e. to dismiss the respo......ngly writ jurisdiction could not be invoked to impugn the order of termination. 6. It is admitted that the respondent is an employee of a private limited company whose shares vested in the Government and under the provisions of Article 5 of P.O, 16 the said company was placed ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... a nominee-shareholder of the Bangladesh Petroleum Corporation. 2. The appellant filed an application under sections 79(3) and 76 of the Companies Act, 1913 for condonation of delay in holding the Annual General Meeting of Jamuna Oil Company Limited for the years 1976, 1977 and 1978 ...... petroleum products in the territories now comprising Bangladesh. (b) After emergence of Bangladesh all business and assets of the said Pakistan National Oil Limited vested in the Government of the People's Republic of Bangladesh under the Bangladesh Abandoned Properties (C..Category: Business or Commercial Law | Date: | Hits: 107
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....ing been separated by an order of the Circle Officer (Revenue) under Section 117 of the East Bengal State Acquisition and Tenancy Act, 1950. The pre-emptor ceased to be a co-sharer in the holding and as such he has no locus standi to maintain: his application for pre-emption. 3. ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
.... to sub-section (1)of section 88A will not render the proceeding without jurisdiction inasmuch as a remedy has been provided by way of appeal and therefore the Civil Court cannot knock it out by holding it as having been made without jurisdiction in a collateral proceeding……..(12)......h section 88A of the Bengal Tenancy Act. Section 88A of the Bengal Tenancy Act runs thus:— "88A. (1) Notwithstanding anything contained in section 88, where the Provincial Government is the sole landlord, the Revenue Officer, on application made to him by one or more co-sh..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....e letter of guarantee and further, restraining the respondent 2 from honoring the said letter of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to tr......urt should not have interfered by passing an order of injunction without considering the principle of balance of convenience and inconvenience. Mr. Huq submitted the dispute is between two parties over a normal business transaction and the respective bankers had guaranteed the performance of the..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....the writ jurisdiction of the High Court Division. 3. Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was of no lega......Counsel contended that having made the rule absolute the High Court Division was functious officio and the direction was unwarranted and uncalled for. 4. The Water Development Board of the Government of Bangladesh has not challenged tube impugned direction, but it is the appellant at whos..Category: Employment/Service Law | Date: | Hits: 101
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