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Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......s is also Reported in: 38 DLR (AD) (1986) 133. ......nother……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declaration that th......ported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....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...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Ismail Ullah, being dead his heirs Bazidullah and others……….Appellants Vs. Sukumar Chandra Das and others…………………………….Respondents Judgment January 15, 1986. The Ci.......Respondents Judgment January 15, 1986. The Civil Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged to the defendant Appellant, the property ne...... statement, under section 152 of the Code of Civil Procedure. The Appeal is allowed…………(24,25 & 26) Cases Referred to- A.I.R 1961(S.C).790, 42 IA 91. AIR 1965 (S.C.) 1325; Inre Swire Mellor vs. Swire, LR 1885 (C.D) 239; Henry William Hatton V Hugh Harris, 1892 LR (AC.) 547; Seth Manakch..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....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......ses Act, 1897 (X of 1897) Section 27 The learned Judges of the High Court Division committed no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside bef......rt Division (Mr. Justice M.H. Rahman) on 16th February 1982. 2. Appellants' predecessor instituted Other Suit No. 74 of 1960 in the court of Munsif 2nd Court, Sadar, Chittagong, for a declaration that the sale of Noabad jote No. 5 held by the Collector on 24th June 1953 and sold to the defendant-......) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....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 ......uestion landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a tenancy is created it will be presumed that it is continuing, unless it is shown that it has ceased…………….(10) If the heirs of the late tenant continue to stay on, but do not pay...... 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 a tenancy is created it will be presumed that it is continuing, unless it is shown that it has ceased…………….(10) If the heirs of t...... 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 a ten..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
..... 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, ......III 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, from before. His tenancy right has matured over the last forty years and such right is exercisable against the ex-land lord against ......s matured over the last forty years and such right is exercisable against the ex-land lord against whom the plea of adverse possession has been taken. He is willing to pay rent to the next land lord that is the government. His status is undeniable. His possession in the disputed land is not an imped....... Rahman J A.T.M. Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh…… …………………………………Appellant Vs. Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....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......y J Shahabuddin Ahmed J People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka & another …………………………….....Appellants vs. Md. Alauddin alias Alauddin Sarker others..........................Respondents Judgment May 30, 1985. Resu......D) 41; Gould Vs. Minister of National Insurance, All E. R. 1951 Vol. (1) p. 368. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of India, AIR 1969 Cal. 95, Pakistan Vs. Naseem Ahmed, (1962) 14 DLR (SC) 169=PL...............Respondents Judgment 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 associatio..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....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. ....... Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Division, Comilla Bench, in Criminal Appeals No. 343 and 349 of 1969 respect......within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinate. If an offence falls within the ambit of clause (c) of section 195 (1) then......Result: The appeals are dismissed. The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom th..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......dure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of ......litan Magistrate, Dhaka under section 30 of the Printing, Presses and Publications (Declaration and Registration) Act, 1973 and also under section 290 of the Penal Code. His grievances mainly were that the appellants who became owners of the Press in 1977 did not make and subscribe any declaration......ication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special pro..Category: Criminal Law | Date: | Hits: 59
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....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 ......is Case is also Reported in: 38 DLR (AD) (1986) 22. ......istence 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 that the plea of adverse possession cannot be raised. The Appeal is allowed with cost……….(8) ......Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors............................. Respondents Judgment May 2, 1983. Result: The appeal ..Category: Property Law | Date: | Hits: 63
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....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 ......ivil) Present: A.M. Sayem CJ M. A. Jabir J Ahsanuddin Chowdhury J Birendra Chandra Saha……………....Appellant. Vs. Sashi Mohan Saha and others…………….....Respondents Judgment ......aintiff who, accordingly, was forced to file a Money Suit in 1953 for realisation of rent from the defendants in the Court of a Munsif at Narayanganj. In the said suit the defendants asserted that they were not tenants under the plaintiff and on the contrary alleged to have purchased the su...... Singh vs. Bhagirathi AIR 1966 (SC) 405; Firm Malik Das Raj vs. Firm Peary Lal, AIR 1946 (Lah) 65; Balgangadhar Tilok vs. Srinivash pandit, 42 IA, 135. Lawyers involved: S.R. Pal, Senior Advocate, instructed by A, Backkar, Advocate-on-Record.—For the Appellant. T. ..Category: Property Law | Date: | Hits: 37
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....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......sed but without any order as to cost. Ed. ...... derequisition certain other lands including plot Nos. 713 and 714 of the said Mouza which were also requisitioned under the said Act in L. A. Case No. 142 of 1961-62. 2. The appellant's case was that in L. A. Case No. 142 of 1961-62 an area of 4.43 acres of lands belonging to Harilal Goswami, th......al Rani Misra alias Badal Rani Goswami and others………..Appellants. Vs. Bangladesh and others …………….Respondents Judgment May 2, 1975. Lawyers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, Advocate-on- Record.—For the Appel..Category: Property Law | Date: | Hits: 48
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....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......okat Ali and others…………...Petitioners. Vs. Shamsun Bibi and others……….....Respondents Judgment January 30, 1975. Cases Referred to: Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar, 55 I.A. 243; Majeda Khatu......bi and others……….....Respondents Judgment January 30, 1975. Cases Referred to: Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar, 55 I.A. 243; Majeda Khatun Vs. Rabindra Chandra Dey, PLD 1952 Dac. 112; Ratish Chandra Vs. Hare Krishna Coldar, 15 DLR ......Fazal Din, PLR 5 Lah. 196; Visheswar Vs. Durgappa, AIR 1940 Bom. 339; Vithoba Kadhar Vs. Madhar jemedar, (1918) ILR 42 Bom. 344. Lawyers involved: Akram Hossain Amin, Advocate—For the Petitioners. Not represented—the Respondents. Civil Petition for Specia..Category: Property Law | Date: | Hits: 47
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....istan in Criminal Revision Case No. 295 of 1968 refusing to set aside an order dated 16.11.67 passed by the learned Sub-Divisional Magistrate of Madaripur under which he attached certain land under section 146 of the Code of Criminal Procedure and appointed a receiver thereof. The case......ip;………. Respondents Judgment August 3, 1973. Lawyers involved: Abdur Rahman Chowdhury, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Petitioners. S.S. Hoda, Advocate-on-Record—For Respondent No. 1. ......attachment of the land under section 146 of the Code of Criminal Procedure. Thereafter the Tahsildar of Haturia submitted a report on 1.4.61 to the Sub-Divisional Manager, Madaripur to the effect that the land in question had been settled with and salami received from the present appellants, who......;…………. Respondents Judgment August 3, 1973. Lawyers involved: Abdur Rahman Chowdhury, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Petitioners. S.S. Hoda, Advocate-on-Record—For Respondent No. ..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....ted to convict the accused". In the latter case, the question arose whether the Magistrate was justified in discharging the accused persons upon a finding that the occurrence took place on the land in possession of the accused persons who exercised their right of private defence when P. W. 2...... B. Mahmud Husain J M. A. Jabir J Lutfun Nahar Begum ......Appellant. Vs. The State ……….Respondent Judgment June 7, 1973. Cases Referred to: Bhubani Sahu Vs. King, LR 76 IA 147; Kashmira Singh Vs. State of Madhya P......Collector of Central Excise and Land Customs, Chittagong. Apart from the wife and the other relations of Mr. Bhuiya the two murdered persons, who were his niece and nephew, used to reside in that flat with him. Mr. Bhuiya was away in his office and no other person except the two murdered pe......ellip;.Respondent Judgment June 7, 1973. Cases Referred to: Bhubani Sahu Vs. King, LR 76 IA 147; Kashmira Singh Vs. State of Madhya Pradesh, 1952 SCR (India) 526; Emperor Vs. Lalit Mohan, (1911) ILR 38 Cal. 559; In re Periyaswami Moopan, 1981 1LR 54 Mad. 75; Joygun B..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......;…………...Respondents Judgment April 11, 1974. Criminal Appeals Nos. 2 & 3 of 1973. (From the judgment and order dated 23rd April, 1970 passed by Dacca High Court in Death Reference Case No. 1 of 1970 and Criminal Appeal No.72 of 1......e from the eye-witnesses, P.W. 1 Abdul Matin Munshi, an uncle of deceased Shamsul Huq, appellant in Criminal Appeal No. 2 of 1973 went to the thana and lodged the First Information Report on that day at 10 A.M. whereupon police took up investigation and on completing the same submitted char......on (Criminal) A. M. Sayem CJ Syed A. B. Mahmud Husain J Abdullah Jabir J Abdul Matin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others ………....Appellants..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....wo sets, namely, Abdur rashid and Abdur Rahman and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by A......rty forthwith. Ed. ......ashid against his conviction and sentence of death confirmed by a Division Bench of the erstwhile High Court in Death Reference Case No.6 of 1970. 2. The prosecution, case in brief is that Yasin Sheikh through his first wife has two sets, namely, Abdur rashid and Abdur Rahman and two......; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Da..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... performed Talab-i-issad. Thereafter without taking steps for institution of a suit for preemption filed an application under section 26F of the Bengal Tenancy Act for pre-emption of the suit land and lost it upto the Appellate Court on July 19, 1962. Thereafter the suit was filed on Septem......sp; Case Referred to- Budhar Sardar vs. Sonaulla Mridah 18 C.W.N. 890, Kheyali Prosad vs. Mullick......hellip;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.......llip;…………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981. ..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....ich was, on transfer to the 6th court of Munsif, Barisal, renumbered as Title Suite No. 71 of 1961, against the respondents for establishment of their auction-purchased right and title in the suit land, for confirmation of possession in the alternative for recovery of possession from the main de...... (Civil) Present: Kemaluddin Hossain CJ F.K.M. Abdul Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mo......confirmation of possession in the alternative for recovery of possession from the main defendants and also for an injunction against them. The Suit land measuring 1.99 acres and comprised in C.S. Khatian No. 797 of Mouza Mahisha Gagaria originally belonged to three Pal brothers namely, Banknote ......ellip;.Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 Lawyers Involved: M.H. Khandkar, Senior Advocated instructed by B.C. panday Advocate-on-Record.-For the Appellant. Nizamuddin Haid..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....gment and decree of the trial court and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 30 of 1958 of the Court of Subordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nat......s. Syed Shamsuddin Ahmed and another…………….Respondents Judgment April 22, 1981 Lawyers Involved: S.R. Pal, Senior Advocate, Md. Yasin, Advocate, with him, instructed by Abu Backkar, Advocate-on-Record.—For the Appella...... still remained minor They claimed to have been in joint possession with the defendants of the suit property and demanded partition of their two third share and also prayed for a declaration that the deed of perpetual lease was fraudulent, collusive and void and further that they are entitl......Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents Judgment April 22, 1981 Lawyers Involved: S.R. Pal, Senior Advocate, Md. Yasin, Advocate, with him, instructed by Abu Backkar, Advocate-on-Record.&mda..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Jamshed Bakht……………………….. Appellant Vs. Ameaur Rashid Chowdhury…………………Respondent Judg......lman Singh, 19 C. W. N. 935; C.R. Crowdy vs. L.O. Reilfy. 17 C.W.N.; Sanjibi Raddy vs. Konary Raddy, 1926 I.L.R. 49 Mad. 315; Ahmedbhai vs. Framji (1903) I.L.R. 28 Bom 228; Golapjan vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Reco...... September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Singh vs. M. WajidAli A.t.R. 1937 All 90; Bishum Porshad Norain Singh vs. Phulman Singh, 19 C. W. N. 935; C.R. Crowdy vs. L.O. Reilfy. 17 C.W.N.; Sa..Category: Criminal Law | Date: | Hits: 77
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