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Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....en passed in Civil Revision No. 242 of 1983 2 Respondent Nos. 1 to 3 filed an application under section 96 of the State AcquÂisition and Tenancy Act in the Court of Subordinate Judge, Mymensingh, claiming preÂemption of a land transferred to the appellÂant and three others by a kabala dated 19...... the amount due from him against preÂemption money already deposited under subÂsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determiÂnation in the trial Court. It is now too late to ra......t may in its discretion exempt a transferee-pre-emptee, in whose favour rateable pre-emption is otherÂwise allowed, from making the deposit but to adjust the amount due from him against preÂemption money already deposited under subÂsection 1, if a prayer to this effect is made to the Court in app..Category: Property Law | Date: | Hits: 51
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ed in represÂentative capacity on behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. T......ainst the defendants; and (l) to grant such other relief or reliefs to which the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tanga......o be held on Wednesday and Sunday which was approved by the defendant No. 2. The revenue authorities under Sairat Case No. 302 of 1983 B.S. leased the hat for the year 1383 B.S. on payment of due bid money to the Secretary, Salimabad Girls High School. Then in 1977 the defendant No.1 made a declaraÂ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....as observed; "Admittedly it was stipulated in the agreement (Vide clause-3) that the tenant would have to pay Municipal taxes including toe arrear Municipal taxes, if any, for the suit premises. Such claim even is evidently prohibited by section 10 of the aforesaid Ordinance and the said considerati...... Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unl...... on partnership business with defenÂdant No. 2 since 1974. The defendant paid rent regularly, but the plaintiff refused to accept rent. So he sent rent for the month of September and October 1977 by money order which was received by the plaintiff and further remitted be rent for the mouth of Novemb..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....as the temerity to obstruct the course of justice by such acts which exhibit scant respect for a Court, following observations of the learned Judges of the High Court Division may, therefore, rightly claim our approval: "Upazilla administration is still a new and evolving concept, but the pl......ion, Rangpur (Mr. Justice Mustafa Kamal and Mr. Justice MuÂhammad Abdul Wahab) on 28th November 1984, convicting the appellant or contempt of Court and sentencing him to suffer simple imÂprisonment for 7 days and to pay a fine of Tk. 1000/- and in default, simple imprisonment for 3 days more. 2......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the Wakif became the Mutwalli in 1933 and continued as such till his death on 5.4.1967. After the death of Amir Ali a dispute arose with regard to the Mutwalliship of the Wakf Estate. The plaintiff claimed that he is the surviving eldest son of Amir Ali Mia by his third wife Mst. Meher Shamsun Na......tan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-responÂdent 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 ...... womb of his mother Meher Shamsun Nahar who was married in 1939 to Amir Ali. Be it noted that Zohura who reared up Khorshed Alam was married in 1935 and died in 1966. It appears that Amir Ali filed a money suit being M.S. 33 of 1965 for realisation of rent of tk. 900/- being the arrears of rent fro..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....on that the defendÂants alleged first schedule land of W. S. does not appertain to the disputed lands." Accordingly it excluded the first schedule land by observing: "Thus this land claimed by the defendÂant No. 49 goes out of the considÂeration for the present suit land as the...... 1967. 2. Respondents Nos. 1-8 instituted 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.......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....1). 21. It is true that, according to Hanafi School, father is entitled to the hizanat or custody of the son over 7 years of age. IndisÂputably, this rule is the recognition of the prima facie claim of the father to the custody of the son who has reached 7 years of age, but this rule which is...... Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for appointment of guardian, on the paramount consideration of the Child’s welfare. The Appeal is ......doctors she took the boy to U.K. where he has already undergone operation Doctors in U.K. expressed the opinion that the boy may need another operation. Appellant never looked after the boy nor spent money over his treatment. She was even beaten up by the appellant in preÂsence of the boy. On the o..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....¦â€¦â€¦â€¦â€¦.(10) If the heirs of the late tenant continue to stay on, but do not pay rent they shall not be permitted to say that the landlord has no title on the property and in case such heirs claiming title must first restore possession to the landlord. These tenants are tenants by holding o......order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 of 1983.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the learned Single Judge of the High Court Division rightly interfered ......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....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 impediment to others who are claiming possession in the suit plot through lease from the government, the suit plot covering a lar......i 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, from befo......s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....e with the National Pay-scales. From all these facts, the learned Advocate contends that the respondent was a governÂment servant. 6. The learned Additional Attorney-General, on the other hand ,exclaimed that the Registrar of Co-operative Societies, though got no express power under the Act to a......le, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an e......ng as Officer of the said Bank. He was placed under suspension on 13 January 1973 by the Managing Committee of the Bank and a proceeding was drawn against him on charges of misappropriation of Bank's money by forgery and falsification of accoÂunts. He submitted his explanation, on consiÂderation o..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....wry accused Mujaffar Ali did not allow his daughter to go back to her husband's house, who thereupon took a second wife. Mujaffar Ali on behalf of his daughter filed a case under section 488, Cr. P.C claiming mainÂtenance and another case under section 6 of the Muslim Family Laws Ordinance against ......ed. Sometimes, a witness is tendered by the prosecution out of a motive and not examined least something undesirable to the prosecution should come out of his lips………………..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be t......ested witnesses. Again, terms of the Shalish as stated by these witnesses include payment of Tk. 300/- to accused Mujaffar as cost of the cases against Nurul Islam, but there is no evidence that this money was taken by Nurul Islam with him to be offered to his father-in law when he went to his house..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....is different from that in the Title Suit and the form of appeal from them is also different. 9. Mr. Faqueer Shahabuddin Ahmed, Counsel for the respondent Company, contenÂded that since the relief claimed by the parÂties in the Miscellaneous Case which is a speciÂal law and the suit which is un......gment April 9, 1985. Result: The appeal is allowed. The Shipla Bank Order, 1972 (P.O. 129 of 1972), Article 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject m......ther submitted that the subject matter of the Miscellaneous Case and the Title Suit may have arisen on the same loan but they are different since the suit is for having a full and true account of the money advanced and interest received and further for a declaration that the compromise decree passed..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....llant Sonaullah Akbar after some procrastination disclosed that he was one of the three purchasers in the auction, the other two being Abdul Ghani Akhan and Korban Ali Akhan; that is according to his claim, this third brother Nur Mohammad Akhan was not among the purchasers. These brothers at once ru...... Result: The appeals are disÂmissed. 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 t......aid proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public money was to be recovered, but neither of them was involved in the Auction-sale in connection with w..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....es of responÂdent No. 1 were aroused which compelled him to file the complaint against the appelÂlants. Whatever be his motives, his action does not appear to be contrary to law, but the appellants claim that before he filed the complaint, they had already made and sub scribed the declaration whic......han 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 provisions for investigation or inquiry, provisions of Criminal Procedure Code for the purpose shall be attract......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....ed." 5. In his letter dated 20th January 1976 to General Manager, Burmah Eastern Limited, the Deputy Commissioner, Chittagong wrote as follows: "The petition submitted by one Hajee Mohammad Ali claiming that the filling station a Dhaka Trunk Road belong to him and be is the actual owner of the......ent between the Appellant and Respondent and such act is reprehensible………(27) Appellant firm has succeeded in establishing that there has been suppression of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respon......No. 1 in terminating the licence, Ext. 6, has been wrongful. 28. Respondent No.3, Idris Alam, stated that he got provisional licence on 18th January, 1972 and on depositing Tk. 15,000/-as security money, vide receipt, Ext. C (1), got regular licence, Ext. B(1), on 26th November, 1972. He was the ..Category: Business or Commercial Law | Date: | Hits: 118
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....nts Judgment May 2, 1983. Result: The apÂpeal is allowed. The Civil Procedure Code, 1908 (V of 1908), section 100 Adverse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated fact of user can......t judgment and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as plaintiffs instituted Title Suit No. 385 of 1966 in the 1st Court of Munsif, Bagerhat, for recovery of khas possession and mesne profits alleging, inter alia, that the suit plot being par......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....st the ex parte order of Election Tribunal passed on 9th May 1984 which has become final and there being also no elecÂtion petition against the election held on 7th June 1484, respondent No.3 cannot claim to prefer an appeal under the provisions of section 4 of section 29 of the Local Government (U......l 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (AmendÂment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not ......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....icipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent over again from the tenant defendant-appellant. The tenant is not a defaulter……â€......sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent over again from the tenant defendant-appellant.......rnÂment Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of taxes, rates, tolls, fees and other moneys claimable by the pariÂshad under this Ordinance by distress and sale of the movable property..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....hereafter the plaintiff filed a petition for special leave to appeal in the erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusu&s......lah Jabir, J.—This appeal by special leave 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......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....fied at the time of execution of the deed of transfer to the respondent No. 1 by giving a letter of authority m favour of his younger brother to the State Bank of Pakistan. 3. The appellant claimed to have purchased the said 520 shares in respondent No. 2 on 12-4-70 for Taka 4,600/00 by a...... by giving a letter of authority m favour of his younger brother to the State Bank of Pakistan. 3. The appellant claimed to have purchased the said 520 shares in respondent No. 2 on 12-4-70 for Taka 4,600/00 by a deed of transfer executed on non judicial stamps wroth Taka 70/00 and applie......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
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