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Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
.... whether there were irregularities in conducting the sales and the holdings were sold at a shockingly low price etc. Even so the appellate Court has recorded a finding on merit also. As regards the claim that (here was no arrear rent due the High Court Division rightly pointed out that in the Misc..............Respondents Judgment July 15, 1986. Civil Appeal No. 75 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90 The merit of the case could not be considered before deciding the question of limitation. The applications being clearly time-barred, the courts wer......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....basis for the finding that the defendant paid rent to the plaintiffs' guardian, Dr. Aziz Meser Mohammad Ali in that the counter-foils of rent-receipts produced by the plaintiffs in support of their claim contained no signature of the tenant defendant. Leave was granted to consider the point rais......te-on-Record, For the Respondent Nos. 1& 2. Civil Appeal No. 27 of 1985. Judgment: A.T.M. Afzal J. - This appeal by special leave is at the instance of the defendant and arises out suit for eviction of the said defendant from the remises as a monthly tenant and realisation of arrear re......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....oth the writ-petition and the civil suit were filed almost simultaneously seeking the same remedy, but he has submitted that the civil suit was subsequently withdrawn. Mr. Moinul Huq disputes the claim that the suit was withdrawn. He contends that the suit was dismissed for non-prosecution. Be t...... Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ petition on same subject matter filed on the same day before the civil court and the High Court Division simultaneously without mentioning either in the sui......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
.... Pleading unawareness is one of the most convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the...... Judgment April 20, 1986. Civil Appeal No. 18 of 1986 The Evidence Act, 1872 (1 of 1872), Section 115 Pleading unawareness is one of the most convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appel......ut the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of cle..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....Swarapkati Launch Ghat, Inder Hat Launch Ghat and Bagerhat Launch Ghat for collecting charges, tolls etc. from vessels anchored in these ghats for the licence-period 1985-86. Each of the appellants claimed that he was the highest bidder in the auction for granting the licence for collection of cha......H.Rahman J. - These three appeals were heard together and are disposed of by this judgment. 2. The appellants' common case is that the Bangladesh Inland Water Transport Authority invited tenders for leasing out three launch ghats, namely, Swarapkati Launch Ghat, Inder Hat Launch Ghat and Bagerh......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ting-aside the auction sale. The respondent’s allegation 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 set......d. Under such circumstance the government settled the land with the defendant-appellants. Even though auction was held and delivery of possession was made and the respondents knew it and their prayer for setting-aside the sale was frustrated by the circle officer, the plaintiff-respondent filed this......etitioners cannot get any benefit of restoration of holding. Hence ordered that the order dated 20.2.74 be cancelled. The petitioners may take shelter in the competent court if they desire. The money deposited by them may be refunded on proper prayer. Inform the party concern and the TDR, ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... sections 379 and 147 of the Penal Code are found to have been duly considered by the learned Magistrate. His order shows that the disputed land was a khas land of the Government but both the parties claimed right, title and possession thereof. The learned Magistrate also considered the R.S. Khatian............Respondents Judgment May 8, 1988. Criminal Appeal No. 30 of 1983 The Code of Criminal Procedure, 1898 (V of 1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no miscarria...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
.... building constructed bonafide in a land which, subsequent to her transfer, became property of another person. Facts established in the suit however do not appear to support the judgment-debtor's claim as to compensation as a bonafide transferee. Out of the total area of .31 decimals of the suit......Khatun alias Tahmina Khanam, Defendant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....come to learn that respondent Nos. 14 and 15 transferred '144 land from plot Nos. 874 and 875 to respondent Nos. 1 and 2 by kabalas dated 15th June 1978,16th June 1978 and 23rd September 1978. They claimed amicable possession in plot Nos. 874 and 875 including the land purchased by the appellant f......ision, Barisal (Mr. Justice M.H. Rahman and Mr. Justice Syed Misbahuddin 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 ...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......e facts and circumstances of the case particularly having regard to the good academic background and future career of the appellant, there was enough justifiable reason to let him go on bail at least for affording him the opportunity to take his B.A. Examination. The appeal is allowed and the appell......e was filed. The Assistant Sessions Judge, however, did not grant time and pronounced the judgment and directed the appellant's lawyer surety to show cause within seven days as to why his bail bond money shall not be forfeited. The appellant after recovering from illness voluntarily surrendered wi..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....e mandatory provision against the filing of a private complaint comes into play. In the instant case the appellants have allegedly forged the Bainapatra for purchase of a land and then filed the suit claiming specific performance of the contract as evidenced by the Bainapatra which also they produce...... a restriction on the general jurisdiction of a Criminal 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 ......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....25.9.79 i.e. four days after the occurrence. That the I.O. visited the hospital on the following day and recorded his statement is found from other witness. For example, Abul Hossain (P.W. 4) who claims to be an eye-witness of the occurrence and have visited P.W. 2 at the hospital on the morni......self in the commission of the alleged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustaining the order of conviction. In a case as in the present where the witness......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 ..Category: Criminal Law | Date: | Hits: 61
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....t it and thereafter the plaintiff appeared in the court and deposed on oath that the summons was duly served. Thereupon the onus shifted upon the defendant to prove that the summons was not served as claimed by the plaintiff and it was incumbent upon the defendant to depose on oath that no summons w......ons was served upon him. This claim was not backed by him by adducing evidence in court as against the process -server's report and the evidence of the plaintiff; As such this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumsta......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ct 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 lands within the country ......cquisition 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 l...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....endant No. 1 had accordingly inherited taluki right from Pitambar which was acquired by the Government under the State Acquisition and Tenancy Act since 1956 and consequently defendant No. 1 cannot claim rioyti right and Khas Possession in the suit land on the basis of exchange (Ext. B). 6. De...... to interfere with the judgment and decree of the lower 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 belon......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......t 31, 1987. The Pourashava Ordinance, 1987 (XXVI of 1987) If any individual elected commissioner or the Chairman himself do come within the mischief of law then the necessary steps can be taken for his removal which is authorised by law. But certainly the Paurashava a corporate body which is e....... In paragraph (c) it is stated that certain unauthorised works were done by the Chairman and "these works were distributed whimsically through his party men and thereby he misappropriated public money." It is mentioned in paragraph (F) that a criminal case against respondent No. 1 is pending...Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
.... what direction should be given to the Commissioner for completing the partition. It is true that the defendant is a purchaser but the law allows under section 4 of the Partition Act the plaintiff to claim for repurchase of that share because the purpose of the law is to keep away the transferee pur......s 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 the transferor's family have a right t......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......nd order dated 14 February 1985 passed by the High Court Division (Jessore Bench) in appeal upholding the conviction of the appellants under section 302/34 Penal Code and sentence of transportation for life passed thereunder. 2. There was an occurrence in the night following 31 Aswin 1381 B.S...... a different place and time and at the hands of others and the accused were falsely implicated. It was further suggested that Nanda Lai was a dealer in illegal Hundi Business, used to take huge money from others for illegal transfer and on one such occasion he was murdered by his own men, ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....over 1956 acres of the suit plot from time immemorial for over 100 years. The defendants tried to cultivate the land by tractors, and hence the suit. 2. The contesting defendants denied the rights claimed by the plaintiffs. According to them Suruj Khan and Amanat Khan held the suit land in pattan....................................................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 reasonableness of a valid custom is the time of its possible inception. Conside......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....not come up with alternative facts suggesting that after 25.3.71 the petitioner retained his Pakistani citizenship or subsequently acquired Pakistani citizenship. As the disputed property has been claimed to be an abandoned property solely on the basis that the petitioner was a citizen of Pakista...... 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 decision inasmuch as, the moot question was whether the house in question was abandoned prope......f common knowledge that of liberation when the country was settling down, any one who wanted to draw any benefit from the Government of Bangladesh-either drawing salary or pension, or withdrawing any money, or seeking release of property in the custody of the Government, or asking for a travel docum..Category: Immigration and Citizenship Law | Date: | Hits: 214
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