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Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....ndent No. 1 K. A. Gani as receiver of the properties. The receiver, it appears with court's permission started constructing a commercial building consisting of shop-rooms in the ground-floor in the land of Schedule A of the compromise decree but as he failed to render accounts of expenditures fo......D) 329. ......ian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory person, the Court is obliged to see that he performs his function properly and for the benefit of the trust. Receiver’s li......in Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Moulvi Abdulla Welfare Trust.............................Appellant Vs. K.A. Gani, Advocate & ors …..............................Respondents Judgment January 11, 1984. ..Category: Property Law | Date: | Hits: 39
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....ondents Judgment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit ......also Reported in: 36 DLR (AD) (1984) 191. ......esult: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after the transfer; deposit in her fav......ts Judgment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premi..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....hman & ors......................................Respondent Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a te...... ......udgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a tenant unless such person has been expressly admitted to be a tenant by his lan...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sadullah Pramanik & ors........................................Appellants Vs. Md. Khalilur Rahman..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....e for attachment of the properties of the defendant and for civil imprisonment on the ground, inter alia, that the defendant had violated the order of permanent injunction and entered into suit the land forcibly in the first week of April, 1978. This application was filed on 4.9.79 and thereafter ......: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......adrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md Mohsen Ali J Kad Banu & others......................................... Appellants Vs. Hajera Khatun and others................................ Respondents Judgment December 13, 1983. ....................... Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doing..Category: Civil Law | Date: | Hits: 114
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....(XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of ac...... DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of actual acquisition. The valuation ascertained by the High Court Division has met the ends of ......was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of actual acquisition. The valuation ascertained by the High Court Division ..Category: Property Law | Date: | Hits: 42
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....ning which led them to record a finding of guilty appears from the following paragraph: ''We have not come across any instance so far of a public servant being prosecuted under the penal law of the land for disobeying the orders of the court but it is time that those beneficial sections incorporat......is also Reported in: 36 DLR (AD) (1984) 102. ...... to deal with matters which lie within the jurisdiction of the Appellate Division. Legality or illegality of the order passed by the High Court Division is a mater of no consequence when it is found that it was made without jurisdiction. Violation of any order of the Appellate Division shall be deal......owdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh Appel..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....to the outsiders, namely, defendants Nos. 4 to 10. In three schedules to the plaint, schedule No. 1 comprises 15 gandas, schedule No. 2 comprises one ganda and schedule No. 3 comprises 5 gandas of land. Schedules 1 and 2 are tenanted premises and schedule 3 is the homestead. Schedules 1 and 2 pr...... Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement of rights to property. It should, therefore, b......n the application for appointment of receiver an order to issue notices was passed. 4. So far as the prayer for appointment of receiver was concerned, respondent No. 1 expressed grievance that after the death of their father in 1954, appellant No. 1 as male member and also his guardian t................................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforc..Category: Property Law | Date: | Hits: 45
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
..... Facts are simple. Complainant is the appellant. He filed a petition of complaint against the accused respondents alleging that they damaged the vegetable plants and constructed a hut on his land and caused loss of about Tk. 100/- to 125/- thereby committed an offence under sections 427/14......LR (AD) (1984) 91. ......……….....................……Respondents Judgment October 19, 1983. Sections 263 and 264 of the Code of Criminal Procedure do not contemplate that reasoning should be given in case of acquittal. However, it is highly desirable that the Magist......l Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Matiur Rahman.........................Appellant Vs. Asgar Ali & ors……….....................……Respondents Judgment ..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....civil revision on merits in their absence. 3. The plaintiff-respondents brought O. C. Suit No. 68 of 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit land. Their case is that the suit land previously belonged to Nafar Roy who after possessing the s......orted in: 36 DLR (AD) (1984) 88. ......ts in their absence. 3. The plaintiff-respondents brought O. C. Suit No. 68 of 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit land. Their case is that the suit land previously belonged to Nafar Roy who after possessing the suit land died leaving ...... others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the o..Category: Property Law | Date: | Hits: 30
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....1002 to 1005 of 1969, in the 2nd Court of Munsif, Tangail, for correction of rights under section 143A of the State Acquisition and Tenancy Act. The case of respondent No. 1 was that the case land originally belonged to Anath Bandhu Guha who died leaving four sons, namely, Akhil Bandhu Guha......urt Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Assistant Custodian, Enemy Property (L &......ous Case Nos. 1002 to 1005 of 1969, in the 2nd Court of Munsif, Tangail, for correction of rights under section 143A of the State Acquisition and Tenancy Act. The case of respondent No. 1 was that the case land originally belonged to Anath Bandhu Guha who died leaving four sons, namely, Akh......TM Masud J Syed Md. Mohsen Ali J Assistant Custodian, Enemy Property (L & B), Tangail............................Appellant Vs. Bholanath Guha & ors...................................................................Respondents Judgment ..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
.... May 31, 1983. The usufructuary mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent.......1984) 69. ......uction purchased the lands on December 14, 1933 and took delivery of possession on August 20, 1935 through Court. On December 1, 1940 he sold the lands to Abul Bashar and his mother Umda Khatun. On her death Abul Bashar and her husband Jalal Ahmed sold the lands to plaintiff-respondent ..................Appellant Vs. Keramat Ali, being dead his heirs: Siddique Ahmed & others..............Respondents Judgment May 31, 1983. The usufructuary mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption con..Category: Property Law | Date: | Hits: 35
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....rial Court. The Appeal is allowed…………(14) Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115; Coghlan Vs. Camberland, (1898), 1 Ch. 704; Arju Perhad Vs. Jwaleshawari Pratap Narain Singh, A.I.R. 1951 (SC) 120. ...... 52. ......llip;…...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously 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 p......………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously 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 possessi..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
.... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continu...... in: 36 DLR (AD) (1984) 48. ......or ejectment of the appellant and recovery of khas possession of the suit land. The suit land lies within the Jessore Municipal Area and it admittedly belongs to the plaintiffs. Their case is that the defendant-appellant was their monthly bharatia-tenant in respect of the structures thereon......49 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuous occupation of the premises for over 12 years by the tenant did not bring him within..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....opolitan Magistrate, Chittagong stating, inter alia, that the shop house running under the name and style ''Ujala Hotel" situated at Station Road, Chittagong, belongs to his wife and the land on which the shop stands is Railway Khas land which was leased out to the appellant's wife in ......llate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Syed Md. Mohsen Ali J Md. Shahabul Huda............................2. On 5.1.83 the appellant on behalf of his wife filed a petition under section 145 of the Code of Criminal Procedure in the Court of Metropolitan Magistrate, Chittagong stating, inter alia, that the shop house running under the name and style ''Ujala Hotel" situated at Station Road, C......erson in possession of the disputed premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab Miah, Advocates with him) instructed by Sharif..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
....in as his children and before his death the said Asiruddin executed three kabalas in favour of Saleha, Ishaque Uddin and his wife Rahima Khatun and complainant Tofazzal Hossain conveying 13 bighas of land and got them registered on Commission at his house on 5-5-65. Further prosecution case was that...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... trial before the Assistant Sessions Judge, Bogra—respondent No. 2 on charge under section 467 and respondents 1 to 4 under section 467/109 of the Penal Code. The prosecution case, in brief, was that one Asiruddin being, childless adopted Saleha and Ishaque Uddin as his children and before his d...... FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Tofazzal Hossain Shaikh................................ Appellant Vs. Mir Md. Akand & ors……….........................Respondents Judgment October 19, 1983. The Criminal ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has g...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Hakim..............................a Mohan Chowdhury, (1966) 18 DLR 535; Laxmi Narayan Marwary Vs Bal Mukunda; AIR 1924 PC 198; Perumal Pillai Vs Perumal Chetty, AIR 1928 Mad 914 (FB) ; Subbarayadu Vs Ramadsu, AIR 1923 Mad 237; Mt. Bhatia Vs Abdus Shakur, AIR 1931 Pat 57; Priya Bala Vs Sarajo Bala, AIR 1936 Cal. 540; Fakrun Vs. A......mes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical mistake. To go into the matter concerning its merit is be..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... of Munsif, Noakhali. Respondent No. 1 claimed in that case pre-emption of the transfer made under a registered kabala dated 22 December, 1972 alleging that the vender-respondent No. 2 sold the land to the appellant, a stranger, without serving any notice upon him although he was his co-sharer......(AD) (1984) 1, 1984 BLD (AD) 29. ......he State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation......Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....the appellant under section 302 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 20 of 1987. 2. The prosecution case, in short, is that accused Abdul Quddus had land on the eastern side of the house of informant Dr. Mukbul Hossain. The accused grew IRRI paddy ......ifur Rahman J Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyer......ions Judge, Pabna convicting the appellant under section 302 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 20 of 1987. 2. The prosecution case, in short, is that accused Abdul Quddus had land on the eastern side of the house of informant Dr. Mukbul Hossain.........................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korban Ali, Advocate, instructed by M Nowab Ali Advocate-on-Record-For the Appellant. B Hossa..Category: Criminal Law | Date: | Hits: 58
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....junction for restraining the defendants from entering into CS Plots Nos. 784 and 802 appertaining to CS Khatian No. 125 of Mouza Galtoir, PS Chirirbandar, District Dinajpur. His case is that the suit land originally belonged to Dinomoni Barmani who sold the land to her son‑in‑law, Janaki Nath Ba......For Respondent No. 1. Ex-parte-Respondent Nos. 2-6 Striking down vide Court's order dated 5.7.88 -Respondent No. 7. Civil Appeal No. 55 of 1986 (From the judgment and order dated 6.8.85 passed by the High Court Division, Rangpur Bench, in Second Appeal No. 16 of 1974) Judgment MH......ecreeing the plaintiff's suit. 2. Plaintiff-respondent No. 1 filed the suit for permanent injunction for restraining the defendants from entering into CS Plots Nos. 784 and 802 appertaining to CS Khatian No. 125 of Mouza Galtoir, PS Chirirbandar, District Dinajpur. His case is that the suit land ......ngla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by M Nowab Ali, Advocate-on-Record-For R..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
.... Civil Revision No. 402 of 1985). Judgment: Mustafa Kamal J.- Leave was granted to the landlord-plaintiff-appellant in this appeal to consider the simple question whether the High Court ...... (Md) @ Md. Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: ......p; 2. The plaintiff-appellant Md. Abdur Razzaq @ Md. Raja Miah filed the suit for eviction on two grounds, (i) that tenant-respondent No. 1 Md. Ansar Ali was a defaulter in the payment of rent and (ii) that he s................. Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifudd..Category: Property Law | Date: | Hits: 30
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