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Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....­sferee (the present appellant) alleging that the application was not maintainable as the petitio­ner was not a co-sharer tenant. The transferee claimed to have effected improvement of the land in question 3. The application for pre-emption was filed on 29.2.64. Thereafter the pre......ia Rahman………………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others………………………&he...... at the instance of the transferee. It is against. a judgment of a Division Bench of the erst­while High Court of East Pakistan which set aside an appellate order of reversal and restor­ed that of the trial Court which granted pre­emption, with the modification that pre-emp­tion, ...... others………………………………Respondents Judgment July 18, 1973. Lawyers Involved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. ..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

.... “Bearing in mind the friendly relation existing between the two countries, "Desiring to define more accurately a certain points and to complete the demarcation of the land boundary between Bangladesh and India, "Have agreed as follows: — ..........Appellant Vs. Bangladesh and another …………………………Respondents Judgment September 3, 1974. Cases Involved To: Banarasi Prashad vs. Kashi Krishna Narain, IR 28 IA 11; Radha Krishna Das ......ises out of an application under Article 102(2)(a)(ii) of the Constitution. It is by the applicant before the High Court Division. The application was summarily dismissed by the learned Judges of that Division, who however, granted the appellant certificate under Article 103(2)(a) of the Constit......SC 41; Calcutta Gas Co. Prop.) Ltd. V. State of W Bengal, AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker ..

Category: Constitutional Law | Date: | Hits: 716

Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)

....spondent and he denied the allegation that he had neglected and refused to main­tain Begum Hamida and the four children. He contended that he had constructed a three storied building on his own land and with his own money in the name of Begum Hamida and that she had an income of Rs. 1300/- pe.........Appellant. Vs. Abdul Hamid……………………………….Respondent Judgment April 24, 1974. Cases Referred To: Mst. Sughra Regum vs. Mia Md Din, (1957)9DLR (WP) 37; Kent Vs Kent. ATR 1......Short facts leading to this appeal may be put as follows Appellant Begum Hamida was married to the respondent Abdul Hamid in 1952. They led a peaceful and happy conjugal life upto 1958 and during that period they had 4 children. In 1958 the respondent took a second wife against her will, and as ......p;….Respondent Judgment April 24, 1974. Cases Referred To: Mst. Sughra Regum vs. Mia Md Din, (1957)9DLR (WP) 37; Kent Vs Kent. ATR 1926 Mad. 59: Tubi Das Vs Sm Soroju Devi. AIR 1933 Cal 406 ;M Bulteel, Vs R C. Bulteel,  AIR 1938 Md 721 ; Bai Pravabati Vs..

Category: Family Law | Date: | Hits: 146

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....ngladesh had already declared that he "wanted the people to forget the past an to make a fresh start …………(.)". The respondent's contention that he was stranded in Pakistan till he left for England cannot be brushed aside. 16. The appellant contends that as the notification did neither de.........................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General with him) instructed b...... against the judgment and order dated April 22, 1993 of the High Court Division passed in Writ Petition No. 1316 of 1992. Profession Golam Azam, hereinafter referred to as the respondent, instituted that writ petition. The High Court Division upheld his contentions that Notification No. 403‑Imn/II...... Appellate Division (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)

....ter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a contiguous land holder is entitled to pre-empt the disputed kabala registered on 23.4.75. 3. The case o......ructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Not represented - The Respondent. Civil Appeal No. 28 of 1986 (From the Judgment and order dated 14.11.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No. 1391 of 1978). Judgmen......rging the Rule and upholding the orders of the Courts below arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its r...... Hushiar Ali and others...........Respondent Judgment June 7th, 1990. Lawyers Involved: Mohammad Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Not represented - The Respondent. Civil Appeal No. 28 of 19..

Category: Property Law | Date: | Hits: 85

Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)

....78 allowing the same. 2. The plaintiff brought Title Suit No. 301 of 1972 in the First Court of the Assistant Judge, Sylhet, for a declaration that the order of cancellation of settlement of land dated 18.9.72 passed by the Assistant Custodian, Enemy Property, Sylhet, Defendant No. 2 in E......ksudur Rahman, Senior Advocate, instructed by B Hossain Advocate-on-Record-For the Respondent Nos. 10 and 11. Civil Appeal No. 79 of 1985. (From the Judgment and order dated 16.2.84 passed by the High Court Division Sy1het Bench in SA No. 554 of 1978). Judgment:  ......ion (at Sylhet) in Second Appeal No. 554 of 1978 allowing the same. 2. The plaintiff brought Title Suit No. 301 of 1972 in the First Court of the Assistant Judge, Sylhet, for a declaration that the order of cancellation of settlement of land dated 18.9.72 passed by the Assistant Custodian...... Vs. Kutubuddin, being dead, his heirs: Shanu Begum and others .................... Respondents Judgment May 15th, 1990. Lawyers Involved: MH Khandker, Senior Advocate, (AJ Mohammad Ali, Advocate, with him), instructed by Sharifuddin Chaklader, Advocate-o..

Category: Property Law | Date: | Hits: 80

Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)

....rom a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, c......bsp; Shahabuddin Ahmed CJ.- Defendant No. 5 is the petitioner and the matter arises from a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-respondents claim title and possession of the land by Patta......rt Division by the impugned order dated 27 March, 1991. Petitioner is now seeking leave to appeal from the said order. 2. Mr. Moksudur Rahman, learned Advocate for the petitioner, contends that the concurrent finding of facts arrived at by the trial Court and the appellate Court is not ba......etitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment June 23rd, 1993. Lawyers Involved: Moksudur Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner..

Category: Property Law | Date: | Hits: 62

Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

....naments and other household articles worth Taka 16,800.00 to the accused‑appellant. Sometime after the marriage the appellant put pressure upon the complainant and her parents for releasing certain land which was mortgaged to the father of the complainant. On 8.4.90 the appellant also demanded fro......in: 46 DLR (AD) (1994) 169 & 244 ......of 1990 convicting the accused-appellant under section 4 of the Dowry Prohibition Act, 1980 and sentencing him to suffer rigorous imprisonment for two years. 2. The prosecution story in brief is, that on 11.4.90 Mosammat Feroja Begum, the complainant, filed a petition of complaint in the Court of......ashahab Power, AIR 1983 (SC) 1219=1983 Criminal Law Journal 1501. Lawyers Involved: Syed Ziaul Karim, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record -For the Appellant. M Shamsul Alam, Deputy Attorney-General, instructed by Mvi. Md. Wahidulla..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

.... the purpose of challenging it in appeal. Facts leading to this question are given below. 2. In LA Case No. 41/64‑65 the Deputy Commissioner, Dhaka, requisitioned the respon­dents' land measuring about 1.23 acres along with lands of some other persons, on 25 May 1967 under secti...... Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- Ishaque Vs. Bangladesh 43 DLR (AD) 28; Tincowri Halder Vs. Nani Gopal Mon......date on which the decree has been amended on an application under section 152 of the Code of Civil Procedure, briefly the "Code". Contention of the learned Additional Attorney-General is that when a decree has been amended, the original decree does not exist and the decree that has been...... 28th, 1994. Cases Referred to- Ishaque Vs. Bangladesh 43 DLR (AD) 28; Tincowri Halder Vs. Nani Gopal Mondal, AIR 1960 Cal. 258; Kedar Nath Vs. Golam Hossain 40 CWN 83; Ramji Lal and ors. Vs. Giani and another, AIR 1921 Lab 250; Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100. La..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....ed 30.12.63 passed by the Special Land Acquisition Officer, Dhaka and a notice dated 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-resp...... Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record – For  the Respondent No. 1. B. Hossain, Advocate-on-Record - For the Respondent Nos......rt Division in Writ Petition No. 330 of 1987). Judgment:                  Mustafa Kamal J.- The question that arises in this appeal by leave is whether the provisions of section 141 of the Code of Civil P......kha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, ..

Category: Procedural Law | Date: | Hits: 102

Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)

....te of Taka 17.50 paisa per month for the two huts during the period of their stay. Defendant 1 Sudhangshu Kumar Chowdhury and defendant 2 Ramendra Narayan Chowdhury continued to reside on the suit land on various pleas. In the meanwhile, in 1966 the suit premises was about to be taken over by Me......nbsp;            Kemaluddin Hossain CJ.- This appeal by special leave raises the question whether the Small Cause Court could declare a decree passed in a title suit by a civil Court a nullity and whether the High Court Division in its revisi......rt Division in its revisional jurisdiction could reverse such a finding. If the first question is answered in the negative, then the second question will be in the affirmative. 2. Facts are that the plaintiffs are appellants. The premises in suit consisting of 3 huts belonged to Gurudas S......nbsp;   Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................Respondents Judgment November 26th, 1980. Lawyers Invol..

Category: Civil Law | Date: | Hits: 134

Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)

....rivate non‑Government school imparting educational facilities at a low cost to the children of different Government servants and of the general public living in the vicinity of the old Airport. The land on which the school. has been established belongs to the Ministry of Defence and the Department......d by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 3 & 4. Not Represented - Respondent Nos. 2 & 5. Civil Appeal No. 64 of 1993. (From the Judgment and Order dated 26.4.93 passed by the High Court Division in Writ Petition No. 3901 of 1992). Judgment Mustafa Kamal J......condary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated the writ petitioner's case was that the Managing Committee would have been constituted in terms of Regulation 4(l), not in terms of ...... (1994) 145. ..

Category: Property Law | Date: | Hits: 86

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

....ed postcard to the natural guardian of the minors. It was received by one Manoranjan Das on behalf of Roy Bahadur." In cross‑examination he admitted that the price of land would be about Taka 30,000.00 or so. He stated: “I did not enquire what............................Appellants Vs. Chittagong Urban Co-operative Bank Ltd ..................Respondent Judgment March 10th, 1980. Cases Referred to- Mst. Siraj Fatima Vs. Mahmood Ali AIR 1932 (All) 293; Iftekhar Huss......s. They filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not ......hmood Ali AIR 1932 (All) 293; Iftekhar Hussain Vs. Beant Singh AIR 1946 (Lah) 233. Lawyers Involved: Ahmed Sobhan, Sr. Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellants. BB Roy Chowdhury, Advocate, instructed by Abdur Rab II, Adv..

Category: Property Law | Date: | Hits: 130

Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)

....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......bul Kalam Azad and another ……………Appellants [in both the Appeals] Vs Sunhar Ali and others ..................... Respondents [in both the Appeals] Judgment August 5th, 1993. Cases Referred to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41......o vacate the premises and thereafter the suit was filed for ejectment of the defendants. 3. Defendant Nos. 1-3 and 7 contested the suit by filing a joint written statement contending, inter alia, that defendant No. 1 as tenant started business in the suit premises and paid rent to the original ow......red to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Ap..

Category: Tenancy Law | Date: | Hits: 81

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....lam Kibria ............... Respondent (In both the appeals) Judgment February 28th, 1994. Cases Referred to- Chandris Vs. Isbrandtsen Moller Co.1950 in 1950 (2) All England Reports 618; Eddowes Vs. Hopkins (1780) 99 All England Reports, 242; Arnott Vs. Redfern, (1826...... Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In both the appeals) Judgment February 28th, 1994. Cases Referred to- Chandris Vs. Isbrandtsen Moller Co.1950 in 1950 (2) All England Reports 6......ll England Reports 618; Eddowes Vs. Hopkins (1780) 99 All England Reports, 242; Arnott Vs. Redfern, (1826) 130 All England Reports 549; Page Vs. Newman, (1829) 109 All England Reports 140; London, Chathaim and Dover Rly Co. Vs. Southern Rly Co. (1893) AC. 429; Podar Trading Co. Ltd. Bombay Vs. F......on (Civil) Present: Shahabuddin Ahmed C J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. ..

Category: Business or Commercial Law | Date: | Hits: 98

Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)

....4, 1994. Result: The appeal is dismissed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 8B Natural Justice After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of s......ult: The appeal is dismissed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 8B Natural Justice After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired la...... Result: The appeal is dismissed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 8B Natural Justice After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquir......vision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Trust of Bangladesh Ltd. and other..

Category: Property Law | Date: | Hits: 69

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

.... revision before the Sessions Judge; in that case, which arose from a proceeding under section 145 of the Code before a Magistrate, the crucial question was, what was "actual possession of the land in dispute". The first party to the said proceeding contended that some time before the ......2. Aminul Huq, Attorney-General, (Sharifuddin Chaklader, AAG with him)-For the Respondent No. 1. Criminal Appeal No. 1 of 1994. (From the judgment and order dated 21.11.1993 passed by the High Court Division in Criminal Revision No. 2054 of 1993). Judgment: &n......his question but to put an end to the chaos, confusion and anarchy in the administration of criminal justice, created by the impugned judgment of the High Court Division, which is very much aware that a law declared by the Appellate Division is binding upon all the Courts including the High Cour...... Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. Lawyers Involved: Maksum-ul-Hakim, Senior Advocate (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For ..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)

....it Petition before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant northern portion of their ancestral homestead, for washing ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Respondents (In Civil Appeal No. 20 of 1993) Durul Alam......riking down an acquisition notification. 2. In their Writ Petition before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant n...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Respondents (In Civil Appeal No. 20 of 1993) Durul Alam Ahsania Madrassa …â..

Category: Property Law | Date: | Hits: 64

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....1977 and the same is still pending. In the said appeal Respondents 1 and 2 filed an application for temporary injunction restraining the appellant from interfering with their possession in the suit land. Prayer for injunction was opposed, saying that the respondents could not legally make a praye......F) of 1977. Judgment:                       Kemaluddin Hussain CJ.- Leave was granted to consider whether the learned Judges of the High Court were justified in granting temp......ring the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are that Respondents 1, 2 and 20 filed OC Suit No. 336 of 1975 in the Court of the Subordinate Judge, T...... Jamini Marak and others................Respondents Judgment November 5th, 1980. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Md. Aftab Hossain, Advocate-on-Record - For the Respondents ..

Category: Property Law | Date: | Hits: 61

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

.... the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Amatun Nessa (acquitted since then) inherited 28 3/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 o......nbsp;                     Shahabuddin Ahmed J.- This appeal by special leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 19......ns Judge, Bogra, to answer a charge under section 467 read with section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Amatun Nessa (acquitted since then) inherited 28 3/4 decimals of land which she sold to......sp;             July 14th, 1981. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record -For the Appellant. Fazlul Karim, Sr. Advocate, instructed by Aftab Hossain, Advocate-o..

Category: Criminal Law | Date: | Hits: 61