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Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......e appellants (second wife and daughters of Shamsu Mia Chowdhury) and Abdul Muktadir Chowdhury (another son of Shamsu Mia Chowdhury by appellant No. 1 who died subsequently) by which they assigned the land under the decree to the appellants retaining other portion to themselves. After the disposal of..Category: Limitation Law | Date: | Hits: 175
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......0, in the Court of Additional Sessions Judge, Rangpur. 2. An incident of murder, rioting and criminal trespass took place on 20th November 1979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigat..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......side the judgment and decree of the lower appellate Court which in turn set aside the judgment and decree of the trial Court 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 acres in Dag No. 500 and 0.29 acres in Dag No. 501 of Khatian No. 308 from defendant..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......ccept a registered notice under section 106 of the Transfer of Property Act. Hence the suit with the reliefs prayed for. 3. The appellant in his written statement denied the relationship of landlord and tenant between him and the plaintiffs. He claimed Settlement of the suit premises from..Category: Property Law | Date: | Hits: 67
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....y are small shopkeepers of a hawkers market within the Dhaka city, named Zaker Super Market, previously known as Sahid Sarwardi Market. It belongs to Shahjadi Begum Wakf Estate from which they got settlement and established their shops. Having learnt that the Dhaka Municipal Authorities were goi......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
....e. It has been held that if there is a bona fide dispute regarding title to the lands in question the Act will not be applicable. In the first case, the petitioners claimed to be tenants by virtue of settlement from the Zamindars while the Government denied such tenancy. In Supreme Court case it was......he Companies Act, 1913, is in possession of an industrial unit, namely, a drum manufacturing factory formerly belonging to M/s Drums Metal Ltd., located at Airport Road, Tejgaon, Dhaka on a leasehold land of 3.28 acres, in pursuance of an agreement for sale dated 13.9.77 entered into between the app..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......d Title Suit No. 355 of 1976 for declaration of title and also for a declaration that the registered deed No. 12145 dated 11.7.75, by which the defendant‑respondent was claiming title over the suit land, be declared as illegal, void, etc. Later, the prayer was amended so as to include a prayer for..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......e has no advisory jurisdiction and he unnecessarily travelled in the domain of those laws. It is unfortunate that a Judge made those irrelevant and extraneous comments regarding various laws of the land in this particular case and thereby questioned the wisdom of the law makers on various laws wi..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......brother Idris Fakir had been murdered by the appellant, along with others, when his brother had protested the action of the accused persons in taking forcible possession of Idris Fakir's boro paddy land. At about 9‑00 AM that day, appellant and many others variously armed, went to the land ..Category: Criminal Law | Date: | Hits: 69
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....on purchased the same and got delivery of possession through Court; that thereafter he sold the same to Khalil Patwari by kabala dated 17th Kartick 1312 BS; that thereafter the said Jinnat Ali took settlement of 12 gondas equivalent to '72 acres from Khalil Patwari by executing Kabuliyat dated 2......eirs of Khalil Patwari owner of Property No. 2 and other defendants are purchasers from the co‑sharers; that there was no partition and the defendants having refused to amicably partition the land the plaintiffs filed the suit for partition. 3. The suit was contested by defend..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....he tenants gave up their possession of the suit holding in favour of the landlord on getting exemption from payment of balance decretal dues. But the subsequent conduct of the landlord, namely, the settlement with proforma‑defendant Nos. 21‑30 stand proved by the pattas Ext.5 series,......t by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of Schedule 2 to the plaint and for permanent injunction. It is his case that 6 kanis of land..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ...... by the plaintiff to do so, nor did the plaintiff empower her father to sign any partition arrangement on her behalf. The plaintiff prayed for declaration of title and joint possession in Schedule Ka land. declaration of title and recovery of possession in schedule Kha and Ga movable properties and ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......pur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was extinguished by adverse possession of the contesting defendant for more than 12 years. ..Category: Property Law | Date: | Hits: 77
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....ring that it was a new case, not supported by any evidence, rather contradicted by the Agreement itself, observed: "The appellant offered before us an explanation as to why it had to come to a settlement with its employees in spite of its unfavourable terms and why ultimately it had to clos...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....makers' Society of Australia and others [1957] 2 All ER 45. By the Commonwealth Conciliation and Arbitration Act, 1904‑1952 the Commonwealth Court of Conciliation and Arbitration was set up for the settlement of industrial disputes as a superior court of record and vested in it original jurisdicti......d with provisions of rough and ready justice, have been steadily growing in the limbo of legal system as an alternate dispute resolution mechanism. Criticism against the growing tribunalisation in England, among other reasons, led to the setting up of a Committee on Administrative Tribunals and Inqu..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....nd. Admittedly schedule 1 land belonged to Ramanath Ghosh Estate having 1‑/12/‑ annas share and Gobinda Jieu (deity) having‑4/‑ annas share. Plaintiff s case is that he took settlement of the said ‑/4/‑ annas share from Jagannath Das Baishnab, shebait of the de......d suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule 2) out of schedule 1 land. Admittedly schedule 1 land belonged to Ramanath Ghosh Estate having 1‑/12/‑ annas..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......209;84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka against the plaintiff‑appellant and respondent Nos. 2 and 3 for specific performance of a contract for sale of the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The appellant came to..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....i auction purchase was introduced. 5. The term 'transfer' is defined in following clause (e) of section 2 of that Act: (e) "transfer" means transfer by private sale, settlement, lease, sub‑letting, gift, mortgage or any contract or agreement but does not inc......ural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the suit land plaintiff No. 1 claimed to have auction purchased in Rent Execution Case No. 533 of 1933 in th..Category: Others | Date: | Hits: 178
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....he stamp and all registration costs. Isobullah sold the suit land at an adequate price which was not more than Rs. 200/‑ at that time. The suit land has been rightly recorded in the last survey and settlement operation in the name of the defendant in his khas. 4. The trial Court held that the d...... the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet Bench in Second Appeal No. 259 of 1971. The appellants' suit for redemption of mortgage of suit land and for khas possession, Title Suit No. 323 of 1969, was decreed by the learned Sadar Munsif, 2..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......f 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and recovery of Khash possession of the suit land by evicting the, defendants therefrom. The appellant was defendant No. 1 in the said suit. The ..Category: Property Law | Date: | Hits: 93
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