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Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....led partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of the plaint. Hajrat Ali, predecessor-in-interest of the appellants (defendants 2-7), is admi......de of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of oral evidence as held by the High Court Division and on such finding the suit ought to have been sent back on rema......Reported in: 40 DLR (AD) (1988) 101 ......Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 (V o..Category: Property Law | Date: | Hits: 34
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....question whether the plaintiff could make any claim in view of the express surrender of the property to (he Government in pursuance of the instruction of the authority of the United Grand Lodge of England. The learned Attorney General filed a prayer for additional evidence with certain annexures whi......rs ..................Appellants (In both appeals) Vs. Dhaka Lodge Welfare Society...........Respondent (In both appeals) Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do compl......was formed with the members of the Dhaka Lodge Welfare Society and registered with the Registrar of Joint Stock Company by a resolution dated 12.9.1976. This change, was effected and it was resolved that the assets and liabilities are to be managed by the new society namely, the Dhaka Lodge Welfare ...... Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position correspondence made between the parti..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
.... February 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants entered in to the suit land even on 30th Cha......orted in: 40 DLR (AD) (1988) 79. ...............................Respondents Judgment February 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defen......an J ATM Afzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 1..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....ncurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he prayed for permanent injunction. 3. The trial c......appeal is allowed. The Registration Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but ...... but the defendant's document relates back to the bainapatra dated 30.12.72 and in pursuance of which the document of the defendant was registered by the vendor. Hence it is the defendant's document that will prevail on the plaintiff’s document and the defendant is in possession which was establis......t's document was registered later in 1975, but the defendant's document relates back to the bainapatra dated 30.12.72 and in pursuance of which the document of the defendant was registered by the vendor. Hence it is the defendant's document that will prevail on the plaintiff’s document and the def..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....stated how the accused used to purchase the brick at low price forcibly and that information contains 15 lines. In another 15 lines the informant stated how the accused forcibly occupied the piece of land belonging to a primary school and erected a three-room building. Further the accused forcibly s......rted in: 40 DLR (AD) (1988) 69 ......ode of Criminal Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not......LR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....Haider Chowdhury J.-Leave was granted to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancelling the order dated 20.2.85 for derequisitioning of .44 decimals of land by respondent No. 2 was passed illegally without giving any hearing to the appellant. 2. Fac......itentiae-Availability of the Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 4A (2) read with Rule 10 (2) The Requisition of Property Rules, 1948. Save and except a view was taken that 44 decimals was de-requisitioned, nothing further was done and no enquiry was either h......vailability of the Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 4A (2) read with Rule 10 (2) The Requisition of Property Rules, 1948. Save and except a view was taken that 44 decimals was de-requisitioned, nothing further was done and no enquiry was either held as con......Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. J..Category: Property Law | Date: | Hits: 49
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......nt Judgement July 5, 1987. Result: The appeal is allowed. The Penal Code, 1860 (XLV of 1860), Sections 302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecut......302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecution case. It seems that the beginning of the prosecution story was like a high drama which, however, ended in a melodram...... unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecution case. It seems that the beginning of the prosecution story was like a high drama which, however, ended in a melodrama-Sohrab and his companions having gone..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....possession of such property. 32. The Sub-Divisional Officer, Brahmanbaria repelled the contention of the appellant and declared the property as enemy property and recommended the lease of the said land to other persons. 33. The appellant challenged the order before the High Court in writ juris......rdinance, 1974 (Ord. No. 4 of 1974), Section 3. The Enemy Property (Continuance of Emergency Provisions) (Repeal) (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabal......le to him on and from 2.1.65 which was conferred by amendment. In Ordinance No. 93 of 1976 power was given to the Government to dispose of the property and nothing was left for making the settlement that such property was to be preserved till conclusion of peace. Since the Government did not cancel ......ergency Provisions) (Repeal) (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini co..Category: Property Law | Date: | Hits: 47
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....tested the suit on many grounds and challenge was given mainly on the principles of estoppel, waiver and acquiescence, the sum and substance of the defendant's case was that as, per the agreement the landlord would send his Karmachari to the suit shop for rent and in fact such rent used to be collec...... Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by ......ate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Golam Hossain .........................Appellant Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordi...........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting ren..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ...... Judgment March 19, 1987. Lawyers Involved: T. H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with h...... Ordinance, 1983 before the Election Tribunal, Cox's Bazar making various allegations against the petitioner and in the matter of conducting the election and in counting of results. It was alleged that there was widespread adoption of unfair means, undue persuasion and influence, bribery and diso......Vs. Mohammadul Huq Usmani & others………………Respondents Judgment March 19, 1987. Lawyers Involved: T. H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....ow 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 belonge......…………………………………………………Appellant Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another…………&hell......shy;peal 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 origi......dents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Abdul Hami..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....ent No. 1, filed preemption case, being Miscellaneous Case No. 230 of 1980, impugning the aforesaid sale. His case is that he got a decree for specific performance of contract for, 02 acre of land on 29th November 1972 in Title Suit No. 91 of 1970. He, however, did not obtain any kabala fro...... September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, ...... Ed. ......;…………………………Respondents Judgment September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....hat "the Govt. took possession as per the report of Gani Patwary.” He stated "Gani Patwary did not take any witness during enquiry”. He further admitted that he had no knowledge regarding the suitland. On such perfunctory enquiry the property of the citizen was taken away and declared as enemy p......………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appeal is dismissed. Cases Referred to- Gangamoyi Devi Vs. Troiluckhya Nath Chowdhury and another, 33 I.A. 60; Gopal Da......proposed to be delivered by my learned brothers Badrul Haider Chowdhury and MH Rahman JJ; and I concur with the decision of my learned brother MH Rahman J. Badrul Haider Chowdhury J. - I regret that I could not subscribe to the views expressed in the judgment by my learned brother MH Rahman J. ......) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record— For the Appellant. Salehuzzaman, Deputy Attorney General, instructed by A. W. Mallik, Adv..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....f Munsif, Madaripur for specific performance of the contract, the defendants alleged to have entered with him on 10th Shraban 1375 B. S. corresponding to 29.7.1968 for sale of .32 acre of the suit land, in presence of P. W. 2 Abdur Rab Howladar, P. W. 3 Asmat Ali Mia and P. W. 4 Mani Mohan Roy a......ellip;………………………………………………….Appellants Vs. Harimohan Das & ors……………………………......or sale of .32 acre of the suit land, in presence of P. W. 2 Abdur Rab Howladar, P. W. 3 Asmat Ali Mia and P. W. 4 Mani Mohan Roy and others. On the disclosure of defendant No.1 Radhika Jiban Sit that a stamp paper and cartridge papers, purchased earlier on 17th February, 1967, were available fo......llip;……………………………………………….Appellants Vs. Harimohan Das & ors………………………………&..Category: Property Law | Date: | Hits: 50
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......p;……….Respondent Judgment March 16, 1987. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent, Cri......l Code, passed by the Additional Sessions Judge, 3rd Court, Khulna, on 23 May, 1983. 2. The prosecution case relates to the murder of Sk. Elias, an inhabitant of village Satshika under Fakirhat P.S. of Khulna district. On 5-9-79, at about 8-30 P.M., while he was returning, home from Faki......;……………………………….Respondent Judgment March 16, 1987. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....h March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the appellant on 1st October 1952 by mortgaging his landed property in P.S. Hathajari. Appellant was put in possession of the mortgaged property. ......pellant Vs Assistant Custodian, Vested and Non-Resident Property, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K.......25th March 1967. 4. Thereafter on 3rd April 1967 respondent No. 1 filed an objection under section 47 of the Code of Civil Procedure, being Miscellaneous Case No. 47 of 1967. It was alleged that respondent Nos. 2-6 were all in India and the mortgaged property vested in the custodian ...... to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (1829) 9 B & C. 750, 752. Lawyers Involved: S. R. Pal, Senior Advocate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advocate..Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... he divorced her after 2 years when deceased Ashraf Ali married her just 3 days before his murder. Lalu lives just adjacent to Hafsa Khatun P.W. 3. Evidence was led that Hafsa Khatun had considerable land property 'তিন হাল জমি আছে।' She stated in cross "জায়গ...... ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The Appeal is allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.......d allowed the appeal after setting aside the conviction and sentence of both the appellants and acquitted them of the charges under section 302, 201 and 202 B.P.C. 2. The prosecution case was that on 30th April, 1976 deceased Ashraf Ali married Hafsa Khatun, P.W. 3. She was the widow of Ashab......owed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhuboni Sahu vs. The King, 76 Indian, Appeals 147; Pakala Narayan Swami vs. Emperor AIR 1939 P.C. 47; Hannmant Govind Nargundkar and another vs. State of Madhya Pradesh, AIR 1952 S...Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....reign function "performing function in connection with affairs of the republic or the local authority”. Such function can best be appreciated if matters of settlement of hat, bazar, fisheries, khas land, etc. are kept in view. The Government acts in these affairs in pursuance of some statutory p......ya Samity Ltd.....................Appellant Vs. Bangladesh & others…………………………………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha......982. The rule was made absolute and the High Court Division declared the cancellation order as void, whereupon the appellant was inducted into possession in September, 1982. 3. As per stipulation that the appellant should show some development work in April, 1984, the District Fishery authorities.........Appellant Vs. Bangladesh & others…………………………………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarwal Vs. State of Bih..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....iff-respondent's suit for permanent injunction against the defendants-appellants is maintainable. 2. Plaintiff-respondent it the Jiban Bima Corporation. It is the Successor of the erstwhile Homeland Insurance Company in that under the President's Order No. 95 of 1972-Bangladesh Insurance Natio...... Ahmed J ATM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismissed. Cases Referred to- Balkrishan Das v. Legge, 27 LA. 58; Abdul Nabi Vs. Bajan Sahib and another, AI......aka, in Civil Revision No.3 of 1984). Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is whether the High Court Division is well-founded in law in holding that the plaintiff-respondent's suit for permanent injunction against the defendants-appellants is ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismissed. Cases Referr..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....urchaser was a stranger, and that no notice of the sale was served on them. 3. The pre-empted contested the case on he ground that the pre-emptors had no subsisting interest in the case land: that pre-emptor No.1 got his jama separated in Miscellaneous Case No. 57 of 1963-64 and pre-...... Sree Nitya Ranjan Karmakar & others………………………………Respondent Judgment September 22, 1986. Cases Referred To- Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD)......Referred To- Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Khairullah Bhuiyan v. Haji Nurul Alum Chowdhury, 35 DLR (AD) 338; Mohammad Abdur Rouf vs. Ahamuda Khatun 33 DLR (AD) 323; Md. Jebed Ali and others V. Rakhal Chandra Mondal and others 33 DLR (AD) 30......pellate Division (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sree Monoranjan Banik and another………………………&he..Category: Property Law | Date: | Hits: 43
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