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Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... allotment was made in respect of the first floor of the premises. The allotment was made in favour of one Dr. Giasuddin Ahmed on December 13, 1973. By their Memo No. 2p-4-240/73 dated 12.5.75 the Government cancelled the order of allotment on the representation by the appellant that he was in pos...... apparent from the following provisions of the Regulation: "4. Vesting of abandoned property.— Where before the commencement of this Regulation, any property, or the possession, control, management, administration or other rights of, or in respect of, any property, has been or is pu..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....the property of schedule No. 1 to defendant Nos. 4-10. It is on the refusal of plaintiff-respondent No. 1 to pay the dues of certificate cases to the extent of his share and on his refusal to hand over the rent receipts and the kabalas for schedules 2 and 3 lands, appellant No. 1 paid the e......schedules 1 and 2 properties, did not pay anything to their mother who died in 1978 and realized rents from Performa-defendant Nos. 11-39. His further allegation was that since for non-payment of Government dues, four certificate cases had been started, and the need had arisen to prevent th......tment may be made………….(13) There is no reason for appointment of a receiver in the present case, particularly when the courts below did not find any mismanagement or damage to the property in question and there is an order of injunction restraini..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... landlord, is based on proper consideration of materials on record as well as on correct interpretation of section 18. The Appeal is dismissed……………..(4) Cases referred to- Jagadish Chandra Sarkar Vs. Abdul Aziz, 7 DLR 314; Abdullah Baluch Vs. Adam Ali, 13 DLR (SC) 13. Lawyers I...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....ttlement of the claims for compensation for the losses incurred by the appellant and that their claims were never repudiated on the ground of limitation by respondent No. 2. On the other hand the appellant was offered some amounts though not in payment of full compensation and was assu......an be decided without entering into evidence and hearing the suit on merit and plaint can be rejected under Order 7, rule 11 of the Civil Procedure Code, whether in the absence of any Rules of the Government for filing any formal application for extension of time beyond two years under section 8......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....to sell the suit land, its building thereon to the plaintiff for a consideration, of Taka 12,000 and on receipt of the entire consideration money executed a Bainapatra in his favour on 15.1.71 and handed over the possession of the suit property to the plaintiff. It was stipulated that Aziza Bibi......usly approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The def......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
.... come to know of the illegal issuance of the demand note the appellant moved the Sub-Zonal Martial Law Administrator, Chittagong, who after hearing the parties directed the 2nd party respondent to hand over the possession of the hotel of the appellant but without complying with the same the resp...... to know of the illegal issuance of the demand note the appellant moved the Sub-Zonal Martial Law Administrator, Chittagong, who after hearing the parties directed the 2nd party respondent to hand over the possession of the hotel of the appellant but without complying with the same the responden......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
.... of the Calcutta High Court in the case of Upendra Narain Roy Vs. Janaki Nath Roy, 45 ILR 305. 4. Mr. Santiranjan Karmaker, learned Advocate appearing for the respondents, has on the other hand, contended that the plaintiff will not be allowed to amend his plaint by setting up a fre......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......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....re concerned that is, the present case and the case of Government of Bangladesh Vs. Ismail Hossain, they are substantially the same. Yet, a different conclusion must be reached by us in the case at hand. 15. Incidentally, it may be mentioned that in one of the unreported decisions of the ......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......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....person issued two cheques on 24.7.75 the cheques were stopped because there was no sufficient fund in his account. The complainant did not lodge any complaint against the accused person. On the other hand, both the complainant and the accused person entered into a venture. To quote his words: ......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......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....s executed the decree. Section 47 will apply so long the decree remains unexecuted………….(11) Cases Referred to- Abbasuddin Chowdhury Vs Chandra Mohan Chowdhury, (1966) 18 DLR 535; Laxmi Narayan Marwary Vs Bal Mukunda; AIR 1924 PC 198; P......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......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....ng hut of the informant while deceased Dilara and her younger sister were reading in the southern room of the west bhiti dwelling but. The accused entered into the reading room with a dagger in his hand chased her from one room to another and assaulted Dilara and in consequence of which she died ......a died in the hospital. In cross‑examination he could not specifically say as to who informed police station but he admitted that someone must have given the information to the Police Station over telephone. In cross‑examination he also denied about the love affair of his sister with...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....de within time. The learned Judge observed that the Courts below had not found any default in payment of rent for any particular or specific month before filing of the suit on 25.9.83. " On the other hand, it appears" the impugned judgment says, "that the defendant had been depositing rents in the C......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....be enforced through Court. Ed. ......plied the test of bonafide requirement. The appeal is, therefore, allowed without, however, any order as to costs. SCC suit No. 19 of 1980 is hereby decreed. Defendant-respondent shall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....uiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For ......il Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be disposed of by this common judgment. 3. By Memo No. 1809/4(4) dated 2.8.78 the Government of Bangladesh in the Ministry of Communications, Roads and Highways entered into an agree...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....nt. The four brothers were in joint mess upto 1328 BS. They separated in 1329 BS. 3. The contesting defendant Nos. 1 and 2, successors of Mati Miah, contended on the other hand that the properties were exclusively the self-acquired properties of Mati Miah or his benefit......the plaintiff's title was not seriously made in the Court of Appeal, counsel's authority could not in any circumstances extend to an agreement to part with the plaintiff's right in the property over which the mortgage was claimed which the plaintiffs were seeking to get rid of." ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......d Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....he fact that the proceeding was out of time and had applied its mind to the question of limitation before dealing with the proceeding on merits." 7. The respondents, on the other hand, contend that section 5 of the Limitation Act itself does not postulate making of a separate a......on but the High Court Division even after noticing this aspect of the matter illegally remanded the matter for giving an opportunity to respondent No. 1, particularly when they failed to keep watch over the proceedings in the suit for more than seven months after rejection of their ninth applica......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....t was not a party to Title Suit No. 502 of 1987: and (c) that the first party‑appellant was in possession of the case land. The learned Magistrate upon these findings directed the receiver to hand over possession of the case land to the first party-appellant. 5. The second party-resp......S Tejgaon, District Dhaka on CS plot No. 533, corresponding to SA plot No. 1348 and RS plot No. 2630, is the property gifted to her by her father, the first party-appellant alleged breach of peace over possession thereof by the second party-respondent and prayed for drawing up a proceeding under...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....ens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son Proddyut...... (Writ) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Muzaffar Ali and other..................................................Appellants Vs. Government of Bangladesh and another........................Respondent Judgment F......ndent No. 3, setting aside, inter alia, the deed of settlement (Annexure-G) dated 9.10.79 and declaring further that the property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control of the Government with the Present occupant as lessee/tenant until further o..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....the particular provision of Reg. VIII of 1819 which is affected by section 61 of the Bengal Tenancy Act, but he was constrained to admit that he could not point out any such section. On the other hand, an examination of the provisions of Reg. VIII of 1819 indicates that there is no section whi......nch in First Appeal No. 358 of 1968). Judgment: Mustafa Kamal J.- The defendant-Government-appellant contends in this appeal by special leave that the suit which was decreed b......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
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