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Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them 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) 311. ...... her husband she stated that on 20th Bhadra, 1386 B.S. just eleven days before the date of occurrence, the accused persons assaulted her husband and also injured him when he had gone to cultivate the land of one Khurseda, daughter of Hatem Haji of their village. The deceased took borga lease of the ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......g impleded. If such a right casts an obligation upon the appellant to protect the interest of the lessor and of himself. The leasee may have more reason or urgency to protect his interest in the suit land than the lessor………………….(5) Cases Referred to- Prassanna Moyee vs. Kali Das,..Category: Property Law | Date: | Hits: 42
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... on. behalf of the Government in the Ministry of Defence represented by the Military Estate Officer, who is the only officer authorised by law to sign and verify written statement in a suit about a land lying within the Cantonment area. 2. Facts of the case, so far necessary for disposal of th..Category: Tenancy Law | Date: | Hits: 108
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. ......ril, 1984. 2. Plaintiff is the appellant. He filed Other Suit No. 25 of 1979 in the court of Subordinate Judge, 1st Court, Chittagong for a decree of specific performance of contract for sale of land. It was stated in the plaint that the suit land measuring .08 sataks (4 gondas) of R.S. plot No..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...... No. 242 of 1983 2 Respondent Nos. 1 to 3 filed an application under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, Mymensingh, claiming preemption of a land transferred to the appellant and three others by a kabala dated 19 March 1974. They (pre-empt..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......ommence i.e. 17.7.84 and 4.11.84. That was a MR. Case No. 42 of 1984, but there was another M.R. Case No. 20 of 1984. (The learned Upazila Magistrate not only drew up the proceeding, but attached the land in question and appointed a Receiver.) The learned Sessions Judge noticed that the previous c..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....vided in section 4(2) of the Ordinance was immediately attracted. He has referred, besides Stroud's Judicial Dictionary, to the Dictionary meaning of the word 'pending' which is 'awaiting decision or settlement' and sought to contend that after cognizance the case was only awaiting decision and no o...... 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)
....gal in April, 1850 which are market as Exts. 1 and 1(a)(b) A registered sub-kabala deed dated 15.5.52 A.D. marked Ext 2 filed by the plaintiffs,(c) Notice published by the defendant No. 2 for auction settlement of hats and bazars of Tangail District dated 4.2.1977 A.D. and market and Ext. 3, (d) Som......) Cases Referred to- R.V. Halifa County Court Judge [1891] 2 Q.B. 263; Bow v. Hart [1904] 2 K. B. 697; A.G. v. British Museum [1903] 2Ch. 612; Strata Mercella's Case, 9 Rep. 25 b.; Northumberland vs. Houghton, L.R. 5 Ex. 127; Cunningham v. Tomey Homma [l903] A.C. 141; State v. Weatherly, 45..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 ......aw has not made it an unlawful bargain……(13) Section 9 of the Ordinance provides that on mutual agreement municipal rent or tax is negotiable. It is payable either by the tenant or by the landlord, whatever is agreed to between the parties, can be a term of the tenancy. Such payment on a..Category: Tenancy Law | Date: | Hits: 65
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....hyadamoyee and others, and since purchase he is in possession thereof by paying rent to the landlord. He further contended that the second schedule of the land of the written-statement was taken by settlement from Tarani, plaintiff No, 6. On the basis of such purchase and settlement he is in posse......d Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition. 3. Main contesting defendant in the sui..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......ellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred under section 42 of the Specific Relief Act.……(23) Inordinate delay in fil..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....nt (defendant No.1) that he was a tenant under the appellant. These exhibits are certified copies of two applications of the respondent to the Additional Deputy Commissioner (Revenue) praying for settlement to the suit-premises from the Government, the ultimate owner. Both the appellant and the ......ction 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....ed in this Act, any land which vests in the Government under any of the provisions of this Act shall be absolutely at the disposal of the Government; and the Government shall be competent to make settlement of such land in accordance with such rules as it may make in this behalf or to use or....... Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, ..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. ......dgment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a sepa..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....and son-in-law on the other, was admittedly strained and bitter, and as such, there was hardly any scope of the son-in-law visiting the house of his father in-law except on some sort of compromise or settlement of the dispute. That is why the Shalish alleged to have been held at the day time is of f...... 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. ..Category: Criminal Law | Date: | Hits: 60
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.......eding. The Certificate Proceeding in question is C.C. No. 941/1963-64 of the Court 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. ..Category: Criminal Law | Date: | Hits: 69
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......itle. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse to the landlord……(7 & 8) The suit being not barred by Limitation, the Trial Court rightly held ..Category: Property Law | Date: | Hits: 63
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......eave arises out of a judgment of the erstwhile High Court of East 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 ..Category: Property Law | Date: | Hits: 37
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......962-63, under the East Bengal (Emergency) Requisition of Property Act, 1948 (hereinafter referred to as "The Requisition of Property Act") and praying for a direction to derequisition certain other lands including plot Nos. 713 and 714 of the said Mouza which were also requisitioned under the said..Category: Property Law | Date: | Hits: 48
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......against a judgment of a learned Single Judge of the High Court Division in a second appeal. The second appeal arose out of a suit for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferre..Category: Property Law | Date: | Hits: 47
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