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Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)

.... 9. In Palaniappa Chettv V. Sreenath Devasikamony Pandara, AIR 1917 (PC) 33, it is held that a permanent lease of temple lands at a fixed rent, or rent free for a premium, whether the lands are agricultural lands or a building site, is valid only if made for a necessity of the institution and......rgu­ment was advanced before the High Court Division with regard to the merit of the settle­ment. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 36

Narendra Nath Basu Roy and another Vs. Municipal Commit­tee, Mymensingh, 1986, 15 CLC (AD)

.... it became owner. 10. Sailendra was an employee of the Municipality and lease was granted to him initially for 9 years in 1921 which was exten­ded upto 1956. From 1921 to 1956 Sailendra was a non-agricultural tenant of the Munici­pality and a tenant is stopped from denying the title of his land...... of Subor­dinate Judge Mymensingh, against the defen­dant appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishi..

Category: Property Law | Date: | Hits: 34

Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)

....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dis­missed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......risdiction, fraudulent, malafide, concocted, made not in good faith brought about undue in­fluence and fraud be passed.” The learned Counsel submitted that the Subor­dinate Judge was right in holding that "the Civil Court has jurisdiction to enquire if the requisition in question is for publ..

Category: Property Law | Date: | Hits: 48

Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)

.... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......oned. The Company had its first Annual General Meeting which was; it was claimed, held within the statutory period. The Company Judge had no jurisdiction to call the meeting or give any direction for holding the meeting once again. It is also beyond the jurisdiction of the Company Judge to direct th..

Category: Business or Commercial Law | Date: | Hits: 111

Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)

....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ...... the kabala executed and registered through court, but upon appeal by respondent No. 1(d), being First Appeal No. 17 (C) of 1982, the learned Judges of the High Court Division dismissed the suit upon holding that as respondent Nos. 1 (c), 1(d) and 1(e) were not parties to the agree­ment of sale-the..

Category: Criminal Law | Date: | Hits: 88

Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)

....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed with­out, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......(pre-emptors) claimed to be co-shirring in the land by purchase. This claim was resisted by the transferees including the appellant, mainly on the ground that the Pre-emptor was not co-sharers in the holding. The appellant one of the transferees 'however’ made an alternative prayer to the effect t..

Category: Property Law | Date: | Hits: 51

Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)

.... 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 ......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..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)

....oned above. Section 2(12) defines a hat as follows: "hat" or ''bazar" means any place where persons assemble daily or on par­ticular days in a week primarily for the purposes of buying or selling agricultural or horticultural produce, livestock, poultry, hides, skins, fish, eggs, milk-products o......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..

Category: Property Law | Date: | Hits: 202

Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)

....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no or­der as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......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..

Category: Tenancy Law | Date: | Hits: 65

Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)

....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ...... 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..

Category: Criminal Law | Date: | Hits: 49

AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)

.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......­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 ..

Category: Election Law | Date: | Hits: 154

Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)

.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... 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 ..

Category: Family Law | Date: | Hits: 239

Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)

....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......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..

Category: Property Law | Date: | Hits: 48

Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)

....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......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..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)

....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......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..

Category: Property Law | Date: | Hits: 37

Government of Bang­ladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)

....nt which he acquired by opera­tion of law. 10. In M. H. Khanddkar Vs. Bangladesh 30 DLR (SC) 1 this Court explained the meaning of 'raiyat' and "tenant" and it was pointed out that a tenant of an agricultural holding is generally called 'raiyat’. Further it was observed that the main object of......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-..

Category: Property Law | Date: | Hits: 37

Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)

....rder of the High Court Divi­sion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......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 ..

Category: Employment/Service Law | Date: | Hits: 124

Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)

.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......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..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)

....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, how­ever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......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..

Category: Banking Law | Date: | Hits: 121

Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)

.... result, both the appeals are dis­missed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......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..

Category: Criminal Law | Date: | Hits: 69