Judgment search - Chancery Law Chronicles

Displaying 3201-3220 of 3679 results.

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....gation of fraud and collusion in holding the auction has not been substantiated. If the auction sale stands, the plaintiff-respondent can no longer claim any right, title and interest in the disputed land. Under such circumstance the government settled the land with the defendant-appellants. Even th...... Appeal No. 41 of 1985 The Public Demands Recovery Act, 1913 (III of 1913), section 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of setting-aside the auction sale. The respondent’s allegation of fraud and collusion in holding the auction ......Judge of the High Court Division, Dhaka (Ranadhir Sen, J;) on 14th February 1983. 2. Plaintiff-respondent filed Title Suit No. 45 of 1977 in the 1st Court of Munsif at Madaripur for a declaration that the auction sale-by the Circle Officer, (Revenue), Rajoir, Madaripur on 9th June 1967 in respe......ts Judgment November 23, 1986. Civil Appeal No. 41 of 1985 The Public Demands Recovery Act, 1913 (III of 1913), section 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of setting-aside the auction sale. The respondent’s allegation ..

Category: Property Law | Date: | Hits: 35

Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)

....eal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy whi......988) 256 ...... Court Division in appeal namely, Criminal Appeal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami an......ourt Appellate Division (Criminal) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Nurul Huda…………………………..Appellant Vs. Bhashanu Sardar and ors..........Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Code o..

Category: Criminal Law | Date: | Hits: 50

Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)

.... appointment of an Advocate Commissioner to ascertain the value of a part of her building for payment of compensation to her by the decree-holders who were given a decree for khas possession over a land including this part of the building. Respondents obtained a preliminary decree in her partiti......: 40 DLR (AD) (1988) 255 ......ported in: 40 DLR (AD) (1988) 255 ......ider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. M. Afzal J Tahmina Khatun alias Tahmina Khanam, Defendant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for Spe..

Category: Property Law | Date: | Hits: 32

Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)

....in Hossain) on 2nd September 1984. 2. Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek ...... The Specific Relief Act, 1877 (I of 1877) Section 9104 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 1 No injunction can be granted to a person against: whom a decree has been passed under section 9 of the Specific Relief Act restraining the decree-holder from executi...... Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek who sold it to Jahanara Begum, predecess......d to- AIR 1955 All. 64; AIR 1972 (Allahabad) 418. Lawyers Involved: Khan Saifur Rahman, Advocate,(M. A. Wahhab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Ahmed Nurur..

Category: Tenancy Law | Date: | Hits: 114

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....slam and the deceased over ancestral property for a long time. The other accused are relations and associates of Nazrul Islam. Deceased's father Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man use......��…………...Respondents Judgment April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Investigating Off......The State………………………...Respondents Judgment April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and......orted in : 40 DLR (AD) (1988) 240 ..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

.... 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ashutosh Debnath for specific performance private complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owner, the sai......he intention of the Legislature, then the rule of literal construction may be departed from and language of the statute may be modified, if necessary, by addition or alteration of some words. In the case of clause (c) of section 195, it is capable of both the constructions as discussed above and as ...... Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document produced before it. In the instant case, the Bainapatra appears t......his Case is also Reported in : 40 DLR (AD) (1988) 226 ..

Category: Criminal Law | Date: | Hits: 63

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting land holding 100 Big......rder, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was......cy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was to be decided under the Bengal Tenancy Act as the cause of action arose in th......ing Limitation Order, 1972 (P.O. No. 98 of 1972), Article 3 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 90 and 96. Practice and procedure Although the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that th..

Category: Procedural Law | Date: | Hits: 92

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......din Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..................................Appellant Vs. The State.................................ve gone through the judgments written by Badrul Haider Chowdhury and A.T.M. Afzal, JJ; I concur with the judgment of Badrul Haider Chowdhury J. Badrul Haider Chowdhury J: - It is my misfortune that I could not persuade myself to the reasonings given in the judgment of my learned brother A.T.M.......5 of 1985 & Crl. P. 68 of 1986 The Penal Code, 1860 [XLV of I860], sections 302/34, 326/30 The Evidence Act, 1872 (I of 1872), section 30. The Penal Code, 1860 (XLV of 1860), sections 326/34 or 149 The confession was no confession in the eye of the law as the maker did not implicate hims..

Category: Criminal Law | Date: | Hits: 61

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....it has been alleged that the appellant had been interfered with in their possession of the fisheries in question. Some of the members of the appellant’s Samity had, by erecting thatched huts on the land around the fisheries, been living therein with their families. On 7th November 1985 respondents...... & ors..........Respondents Judgment March 27, 1986. The Code of Civil Procedure, 1908 (V of 1908), section 151 Exercise of discretion It cannot be conceived that once a stay order is passed by the High Court Division it loses its discretion to vacate the same, even if it is satisfied......ommissioner, Cox's Bazar & ors..........Respondents Judgment March 27, 1986. The Code of Civil Procedure, 1908 (V of 1908), section 151 Exercise of discretion It cannot be conceived that once a stay order is passed by the High Court Division it loses its discretion to vacate the sam...... A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar & ors..........Respondents Judgment March 27, 1986. The Code of Civil Procedure, 1908 (V of ..

Category: Property Law | Date: | Hits: 45

The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....ld that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned therein are......se is also Reported in : 40 DLR (AD) (1988) 202. ......2 (XXXIII of 1982), sections 3 and 4(2) The section did not provide anything about the suits already disposed of and even then if the appeal is pending against the suit decreed, it cannot be held that the matter ended with passing of the decree in the disposed of suit as because appeal is continu......ladesh)............Appellant Vs. Shamser Ali Khan & others... ..................................Respondents Judgment July 24, 1985. Result: The appeal is allowed. The Attia Forest (Protection) Ordinance, 1982 (XXXIII of 1982), sections 3 and 4(2) The section did not prov..

Category: Property Law | Date: | Hits: 63

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....erly and section 146(1) clearly lays down that in case he decides that none of the party was then in such possession or is unable to satisfy as to which of them was in possession, he may attach the land "until a competent court has determined the rights of the parties thereof or the person entit......Rahman Munshi and others ............Respondent. Judgment March 17, 1986. The Code of Criminal procedure (V of 1898), sections 439(4) and 439A(2) The Constitution of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections 439A (2) and 439(4......nstitution of Bangladesh, 1972 (as amended), Article 102 No second revision lies in view of the law in Sections 439A (2) and 439(4) of the Code of Criminal Procedure. The constitutional mandate is that a writ jurisdiction can be invoked if the High Court Division is satisfied "that no other equall......(Bom) 337 P.C., Raja Indrajit Pratap Bahadur Sahi Vs. Amar Singh and others, AIR 1923 (P.C.) 128. Lawyers Involved: Golam Rabbani, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.- For the Petitioner. Mozzammal Huq, Bhuiyan, Advocate instructed by Md. Aftab Hossain, Adv..

Category: Constitutional Law | Date: | Hits: 174

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....o. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte decree in Title Suit No.308 of 1980 and got delivery of possession of the land in suit in execution of the decree. But on an application filed by the defendant-respondent u...... Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this onus is found to have been .............Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this onus is fo...... 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case this onus is found to have been fully discharged as the process server submitted the report, along with a declaration, that he has served the summons by hanging it on the gale of the defen..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

..................Respondents Judgment June 25, 1986. The State Acquisition and Tenancy Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the e......WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessme......r. Justice Ranadhir Sen and Mr. Justice Aminur Rahman Khan) on 12th April 1982. 2. Plaintiff- respondent filed Title Suit No. 95 of 1965 in the Subordinate Judge, 3rd Court, Dhaka for declaration that the assessment of rent under the provisions of the State Acquisition and Tenancy Act, 1950 in re......quisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from payment of rent is unacceptable as because all the la..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....ower appellate court decreeing the suit being O.C. Suit No. 6 of 1970 of the Second Court of Munsif, Feni. 2. Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belonged to one Samad Ali who died leaving daughter Jait......he lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case. Furthermore, t......e Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M Afzal J. Nur Ahmed Majumder, being dead his heirs: Hafiza Khatun & others..................Appellants Vs. Nur Ahmed Majumder & others..................Re......Result: The appeal is allowed. The Constitution of Bangladesh, 1972. Articles 103(3) & 104. The lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only ..

Category: Property Law | Date: | Hits: 43

Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ...... & others.........................Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the parties, their lawyers and the presiding officers throughout the day with...... presiding officers throughout the day with intensive scrutiny. The parties confronted with application on objection in respect of particular ballot papers and those were met. So, it is not possible that a valid ballot paper was left for counting in favour of either party. So, even though it is unfo......day with intensive scrutiny. The parties confronted with application on objection in respect of particular ballot papers and those were met. So, it is not possible that a valid ballot paper was left for counting in favour of either party. So, even though it is unfortunate that the decision in the ca..

Category: Election Law | Date: | Hits: 106

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....ule absolute and remanded the suit to the trial court with the following direction: "That he shall appoint a suitable pleader commissioner at the cost of the plaintiff lo physically visit the suit land and ascertain the actual quantum of land covered by the dwelling house and the adjunct land whi......ich other members of the transferor's family have a right to live. Once the partition decree is made in preliminary form the rest is for the Commissioner, but the Court at that stage is not concerned as to what direction should be given to the Commissioner for completing the partition. It is true th................................Respondents Judgment November 2, 1987. Result: The appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of th......Reported in: 40 DLR (AD) (1988) 150. ..

Category: Property Law | Date: | Hits: 45

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....on, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the plaintiffs a fluctuating body of persons were used to graze their cattle on the low waste, land only in dry season for 4 or 5 months only. Such limited user on indulgence will neither make it......l Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonab...... Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the re...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Moniruddin Sarker being dead his heirs: Fazlul Huq & others.........Appellants Vs. Nurul Huq Khan & ors.....................................................Respondents Judgment: July 7, 1987. ..

Category: Civil Law | Date: | Hits: 113

Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)

....s in Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupa......u being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in matters ......Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors................. M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider..

Category: Property Law | Date: | Hits: 32

Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....igrated to the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was Secretary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his per......nt's Order No. 16 of 1972) Articles 1(ii)(a), 2(s)(i) and 3 The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (P. O. No.149 of 1972) Articles 2, 2A, 2B (2) and 3 The impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The Hi......issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no...... dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) Articles 1(ii)(a), 2(s)(i) and 3 The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (P. O. No.149 of 1972) Articles 2, 2A, 2B (2) and 3 The impugned or..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)

....t Babu Khan's heirs had 8 annas share; that the heirs of recorded owners continued to possess the suit property according to the respective shares of their predecessors; that plot No. 215 was not the land of the disputed khatian, and that the plaintiffs would get only 3 annas 3 gandas, 1 kara and 1 ......esent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Abdul Kader Khan being dead his heirs All Akbor Khan & Ors.....................Appellants Vs. Basek Khan being dead his heirs Shazu Bia & Ors..... ............................Respondents Judgm...... An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admission in the plaint of the former suit, t......14 ..

Category: Property Law | Date: | Hits: 36

Search Options

Judgment Advanced Search