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Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
...........................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaint......il Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is whether the plaintiff-appellant's suit for declaration that Vested Property Case No. 66 of 1978-79 is collusive and void has been dismissed on correct appreciation of law and fa......ent Nos. 7-9. Civil Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is whether the plaintiff-appellant's suit for declaration that Vested Property Case No. 66 of 1978-79 is collusive and void has been dismissed on correct appre......Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nuruzzaman Sarkar.........................................Petitioner Vs. Seraj Mia & ors...........................................Respondents Judgment August 10, 1988. The Sp..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
.... judgment and decree dated 31 March 1979 of the Subordinate Judge, Noakhali, in Title Suit No. 417 of 1978. 2. Plaintiffs-appellants filed the said suit for declaration of their title to the suit land as they found their title clouded by a Notice dated 18 April 1978 served upon them by the Sub-D......ted in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......y a Notice dated 18 April 1978 served upon them by the Sub-Divisional Officer, Feni, treating the suit land as Vested and Non-Resident Property and asking them to surrender it. Their simple case was that the suit land was not an enemy or vested property and as such the Notice for surrendering it was......peals) Judgment February 14, 1989. Result: Both the appeals are allowed. The Evidence Act, 1872 (1 of 1872), sections 13, 43 and 65. The judgment Ext. 7(d) is not inter parties, and ordinarily a judgment cannot be used as evidence against a person who is a stranger thereto. But the..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....ative; but the learned Single Judge of the High Court Division in revision answered in the negative. 2. This arises from O. C. Suit No. 175 of 1978 in the First Court of Munsif, Bajitpur. The suit land was held in jote right by Aidhar alias Haider Sheikh and on his death his only son, Hossain Ali......-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly answered by the trial Court and the appellate Court confirming right to retain possession......o plaintiff No. 1 alone by a Heba-bil-Ewaz dated 10 November 1977, and it is this Heba, which, according to plaintiffs, enraged defenÂdant No. 1 and triggered the trouble. Case of the plaintiffs is that by an amicable partition the co-sharers have been in exclusive possession of their reÂspective ...... December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly answ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....ment may be acquired by virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the...............................Appellants Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Ors.........Respondents Judgment November 16, 1988. Result: The appeal is dismissed. The Easements Act, 1882 (V of 1882), sections 4 & 15 There can be no easement without dominant tenemen......ismissed. The Easements Act, 1882 (V of 1882), sections 4 & 15 There can be no easement without dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be acquired by virtue of local custom. But it is completely different from customar...... virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, but..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......, sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given p...... enter into such controversy. (ii) Under rule 70 read with Section 24 of the Ordinance the Election Commission has been vested with plenary, supervisory and discretionary jurisdiction to oversee that an election is conducted honestly, justly and fairly and in accordance with the provisions of th......………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hossain Khan..........Appellant (In Civil Appeal No. 38 of 1988) Vs. The Returning Officer & Upazila Education Officer, Kishoreganj, Nilphamari & Others. ………Respondents (In Civil Appeal No. 38 of 1988) Kalimuddi..Category: Election Law | Date: | Hits: 165
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
....e views of both need be accommodated. We have noted with appreciation that the Deputy Commissioner has indicated in his communication shown to us that "if the vendor comes up with propoÂsal for khas land that may be made available to him on the basis of lease as per government rules." 14. It sho...... The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for preservation of public peace. However he cannot close down such a shop for......ary for preservation of public peace. However he cannot close down such a shop for indefinite period. It should not only be the concern of the Deputy Commissioner but of the appellant as well to see that a liquor shop is run at such a place which may not be a cause for disturbance of the public peac......9), section 2(5) The General Clauses Act, 1897 (X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary fo..Category: Others | Date: | Hits: 125
....leton Vs. Texas P & L Co, 248 U.S. 152; Gulf Colorado Rly. v. Ellis, 165 U.S. 150; Shujat Ali vs. Union of India, AIR 1974, and SC 1631; the State of Madras Vs. V. G. Row, AIR 1952, and SC 196; Doland Paul Lublin Vs. Leonard Panish, US-SCR—39 L. Ed-2nd, 415-709; Bob Bullock Vs. Van Philip Cart......, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Ga......to the office of Chairman of Borashi Union Parishad in the district of Gopalganj which was held on 10.2.1988. He filed his nomination paper but it was rejected by the Returning-Officer on the ground that he defaulted in reÂpaying loan taken by him from the Janata Bank and Krishi Bank and as such he......sult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad Or..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....two Deeds of lease in favour of Defdt Nos. 1 and 2 transÂferring certain immovable property of the bank on 14.6.1954 for a total consideration of Rs. 21.000/-. This property measuring 18.77 acres of land, as shown in Schedule 2 of the plaint, had been purÂchased by the Bank in Mortgage Execution C...... take benefit of this provision for filing a suit it is quite understandable that this benefit will be available to make an application for addition of parties to the suit………………….(9) Cases Referred to- Official Receiver and Official Liquidator, Pass Bank Ltd. Vs. Nabadwip Chandra ......ecial enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the winding up ......t: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haroon Moten...........................................Appellant Vs. Mahaluxmi Bank Ltd. & ors.........................Respondents Judgment June 25, 1980. The Banking Companies Ordi..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....al below and restoring those of the trial Court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally be longe......: 41 DLR (AD) (1989) 3. ......ts own on a question of fact, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record. The suit was instituted in 1974 on the allegation that the plaintiff was in possession and then dispossessed by the defendant in 1376 B.S. The finding ......of Civil Procedure, 1908 (V of 1908), sections 100—103 The High Court Division can interfere under section 100 of the C.P.C with finding of facts of the first court of appeal, if there is any error of law or procedure committed by the court below effecting merit of the decision. Misreading of e..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....the incident. 7. The only question that calls for determinaÂtion in this case is whether the conviction under secÂtion 302 of the Penal Code is justified. 8. The whole incident arose out of a land disÂpute. According to P.W.1 her brother Yasin had his original home at 200/300 yards away fro......Reported in: 41 DLR (AD) (1989) 1 ......f causing such injury and considering the circumstances of the case and the nature of injury, the appellant cannot be held guilty of murder but he must bear the consequences of causing bodily injury that resulted in death of the victim. Hence he is guilty of an offence under section 304 Part 1 of th......f causing bodily injury that resulted in death of the victim. Hence he is guilty of an offence under section 304 Part 1 of the Penal Code.………….(9) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record, —For the Appellant. Syed J. R..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
............................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while ......1985) 47. ......rporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while issuing the short landing certificate in respect of 5567 bags of cement the Port Authorit......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Railway ........................................................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. Damage &nd..Category: Civil Law | Date: | Hits: 89
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ment Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judgÂment and order in Letters Patent No. 7 of 1967. 2. Plaintiffs' case, in short, was that the suit land i.e. 1/3rd of C.S. plot No. 839, 832, 842, 867 and 869 and half of C.S. No. 797 and whole of ot....... Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......ase will fall within the exception and such a decree would not require registration……(6) Solenama was given effect to and consÂtruction of the solenama by the two courts below clearly shows that the entire dags were subject-matter of the compromise. Therefore clause 6 covers the case and th...... (1985) 35. ..Category: Property Law | Date: | Hits: 49
Ram Chandra Das & others Vs. Md. Khalilur RahÂman & another, 1984, 13 CLC (AD)
....vision on 25 March 1982. 2. Plaintiff who is the respondent instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific perforÂmance of contract to sell the suit lands. Plaintiff's case was that the defendants entered into an agreement with him on November 2, 19......is Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......2. Plaintiff who is the respondent instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific perforÂmance of contract to sell the suit lands. Plaintiff's case was that the defendants entered into an agreement with him on November 2, 1970 to sell the suit land bein......Appellants Vs. Md. Khalilur RahÂman & another........................ Respondents Judgment February 5, 1984. Result: The appeal is dismissed. Contract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. The..Category: Civil Law | Date: | Hits: 109
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... No. 231 of 1976 in the Court of Subordinate Judge, Dhaka 3rd Court for dissolution of partnership firm styled "Cafe China" for accounts and for partition of the suit property consisting of a plot of land and building at 75 Dilkusha Commercial Area, Dhaka. It was stated in the plaint that she and th......Reported in: 36 DLR (AD) (1984) 273. ......nt Vs. Leon Fang Ai.....................................Respondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plainti......ndents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any substanceâ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
.... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees......urt Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Kader & ors………&helli......hellip;…...........................….Respondent Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Kader & ors……………….................................... Appellants ..Category: Property Law | Date: | Hits: 36
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....r Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there was no order from the superior Court staying the Execution proceedi...... The Code of Civil Procedure, 1908 (V of 1908), Order V, rules 17 & 19 The Civil Rules and Orders, Rule 91 (2) Finding of the Trial Court having resulted from glaring misconception of law as well as non-consideration of material evidence, and as such is not immuÂne from interference in ......nt has been directly tendered with the summons by the process server and on refusal of receipt of such summons by the defendant, no question of exercise of due diligence in the service arises and in that circumstances service by hanging is appropriate. Cases Referred to- Zahar Begum Vs. Raza......5 BLD (AD) 59...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....p;………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at the intervention of the village elders and they have settled up all their differences.......84) 240. ......der in Civil Revision No. 1255 of 1979 passed by the High Court Division. 2. The respondents Nos. 1 and 2 filed Title Suit No. 200 of 1974 in the Court of Munsif, Natore for a declaration that the 4 kabalas alleged to have been executed by them on 24.5.73 in favour of the defendants appe......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors.......Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....of the High Court Division in Civil Revision No. 1324 of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned ......984) 225. ......ate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Geeta Rani alias Shamima Khatun………..........Appellant Vs. Bangladesh...........................adesh..........................Respondent Judgment March 28, 1984. The State Acquisition & Tenancy Act, 1951 (XXVIII of 1951), Section 92 That the Plaintiff was born in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....1 instituted Miscellaneous Case No. 150 of 1978 under section 24 of the Non-Agricultural Tenancy Act, in the 1st court of Subordinate Judge, Mymensingh for pre-emption of .385½ acres of land recorded in C.S. Khatian No. 1397 and S.A. Khatian No. 1650 of Mouza Mymensingh town und...... 220. ......us Case No. 150 of 1978 under section 24 of the Non-Agricultural Tenancy Act, in the 1st court of Subordinate Judge, Mymensingh for pre-emption of .385½ acres of land recorded in C.S. Khatian No. 1397 and S.A. Khatian No. 1650 of Mouza Mymensingh town under Kotwali P.S. alongwith con......) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors...Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....ive accommodation. The defendant was making delay in finding alternative accommodation and when the plaintiff told him to vacate the defendant gave out that he has already purchased a plot of land and would leave that the suit premises after construction of his house; even after constr......rted in: 36 DLR (AD) (1984) 217. ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Mehar Khatun and ors............................... Appellants Vs. Sarat Kumar Kanungoe&h......pellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Mehar Khatun and ors............................... Appellants Vs. Sarat Kumar Kanungoe…&hel..Category: Property Law | Date: | Hits: 24
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