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State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....eside in the southern 'bhiti' hut of the house. There is a cowshed in the east 'bhiti' in Yasin's homestead. Yasin Sheik, aged about 60 years, proposed to make a gift of Pakhis of ‘Nal’ land and a hut to his 2nd wife, the deceased Maleka who was aged 20 or 21 years, some time before ......lah Jabir J TH Khan J. State..............Appellant Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. ......her and they are now disposed of under one judgment. 2. In this case the condemned prisoner was charged under section 302 of the Pakistan Penal Code for the murder of his step-mother Maleka Khatun alias Jamila Khatun, wife of Yasin Sheik (DW 1) of Duburia, under police station Kaligonj, D......………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown, reported in 1954 PDL (Lah) 69; Quine vs Leatham, reported i..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....at they are tenants in respect of the suit property under the defendant No. 1 the Province of East Pakistan in which the other defendants namely, defendants 2 to 7, have no title. Originally the suit land was held in under raiyati right by one Baker Ali under Wakf Estate whose Mutawalli was one Shay......zizur Rahman................. Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is dismissed. Cases Referred to- Surendra Kumar Sen Choudhury vs. Sreemati Chandra Tara Nath and others 34 CWN 1......is dismissed. Cases Referred to- Surendra Kumar Sen Choudhury vs. Sreemati Chandra Tara Nath and others 34 CWN 1063; Badaya Nath Chakravorty vs. Krishna Bhusan Das and others 82 CLJ 145; Almas Khatun vs. Ejhar Mia 8 DLR 82, Mofizur Rahman vs. East Pakistan represented by the Collector of Khuln...... Judgment July 14, 1970. Result: The appeal is dismissed. Cases Referred to- Surendra Kumar Sen Choudhury vs. Sreemati Chandra Tara Nath and others 34 CWN 1063; Badaya Nath Chakravorty vs. Krishna Bhusan Das and others 82 CLJ 145; Almas Khatun vs. Ejhar Mia 8 DLR 82, Mofizur Rahm..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....tion No. 58 of 1970. Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by ......st which we assess at Rs. 170.00 in all. Ed. ......ties as was required under sections 34 and 35 of the Registration Act. It appears from the document itself, which was presented to us by Mr. Ahmed Sobhan, the learned Advocate for the petitioner, that the respondent No. 2 took steps under the provisions of clauses (a) and (b) of sub-section 3 of......another , 4IA 166, Sah Mukhun Lall Panday vs. Sah Koondun Lall and another, 2 IA 10. Lawyers Involved: Ahmed Sobhan with Farid Ahmed, M. Nurullah, Ruhul Amin and Fazlul Karim —For the Petitioner. MR Khan—For the Respondents. Petition No. 58 of 1970. ..Category: Property Law | Date: | Hits: 73
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....e removed, any timber, raft or other thing, or floating being any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing place, wharf, quay, dock, mooring or other work on any part of the shore or bank which has ...... (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......estion the validity of an order of a Magistrate of the 1st Class at Chandpur restraining the Company permanently from constructing a wall on the site in dispute. 2. It was upon hearing both sides that the learned Magistrate passed the impugned order purporting to act under section 10 of the Ports..........Petitioner Vs. EPIWTA andothers.......................Respondents Judgment November 25, 1970. Result: The Rule is discharged. Lawyers Involved: Mahbubur Rahman—For the Petitioner Rafiqur Rahman with ATM Afzal-For the Respondent. Writ Petition No. 81 of 19..Category: Others | Date: | Hits: 162
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....by the 3rd Court of Subordinate Judge, Chittagong in Other Suit No. 157 of 1994 in which the suit for declaration of title was decreed. 2. The plaintiff-petitioners claimed settlement of the suit land in raiyati right in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chitta......ted in: 51 DLR (AD) (1999) 257. ...... ...... they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Shar Chaklader, Advocate-on-Record—For the Petitioners. Dr. Rafiqur..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....dhury J.- This appeal by way of leave, at the instance of the plaintiffs, arises out of an order setting aside abatement of a suit for declaration of title to and confirmation of possession in the land measuring an area of 12.61 acres appertaining to CS Khatian No. 351 of mouza Kamardha under po......3. ......nt March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay……..(8) (ii) It i......…..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay…&..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....estion of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the question of title and possession of the disputed lands are wholly untenable and uncalled for and the dispute can only be decided one way or the othe...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Shamsunnahar Salam and others…………&hel......demolishing the semi pucca residential structures, two semi pucca shop rooms, petrol pump and super market standing thereon. 3. Briefly their case, as noticed in the impugned judgment, is that the aforesaid CS plots under CS Khatian No. 112 of Mouza Sukrabad, Dhaka measuring 2.28 acres ......ellip;…………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which ..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......ity under section 115 CPC the revisional Court is not empowered to interfere with the finding of fact arrived at by the subordinate Court or Tribunal upon re-appreciation of evidence unless there has been non-consideration or gross misreading of evidence by the Subordinate Courts or Tribunal whi......erially affected the merit of the case…….(11) ()ii Before opening the election materials for recounting of ballot papers the Election Tribunal is to satisfy itself positively that those materials had been preserved by the proper authority in accordance with law and the same ...... The Local Government (UP) Ordinance, 1983 (LI of 1983), Section 29(4) The Code of Civil Procedure, 1908 (V of 1908), Section 115(1) (i) Ordinarily in exercise of revisional authority under section 115 CPC the revisional Court is not empowered to interfere with the finding of ..Category: Election Law | Date: | Hits: 101
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....ituated on the bank of river Kalni in haor area under police station Derai and the inhabitants of the four unions anchor their boats at the Nowka Ghat on the bank of the river. Some portion of the land on which the ghat situates belongs to private persons. There is no other river transport excep......upreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Nasiruddin (......pondents Judgment February 8, 1999. The Constitution of Bangladesh, 1972, Article 102 The Ferries Act, 1885 (I of 1885), Section 5 Findings of the High Court Division that “Noukaghat” includes “Ferrighat” under Ferries Act 1885 is correct. In ...... Article 102 The Ferries Act, 1885 (I of 1885), Section 5 Findings of the High Court Division that “Noukaghat” includes “Ferrighat” under Ferries Act 1885 is correct. In order to maintain a petition as public interest litigation the petitioner must satisfy t..Category: Constitutional Law | Date: | Hits: 126
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....to deposit the sale money to the bank with a further direction to deposit the cheque book before the Court. After obtaining fraudulently such permission all the accused-appellants together sold the land of the two minor sons by two registered deeds dated 21-11-91 at a price of Taka 2 lac while t......f J Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …&h......vision No. 1907 of 1992. 2. Respondent No. 2 as complainant filed a petition of complaint before the Magistrate, 1st Class, Sonargaon against the accused-appellants alleging, inter alia, that appellant No. 1 is the widow of his brother late Md. Shajahan and Appellant No. 2 is the presen......998. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal cour..Category: Criminal Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
.... 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: Mansur Habib, Advocate, ins......to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......urt of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and for recovery of arrear rent of Taka 900.00. The case of the respondents is that the defendant appellants were tenants under them at a monthly rent of Taka 25.00 payable on the ...... (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: Mansur Habib, Advocate, instruct..Category: Tenancy Law | Date: | Hits: 62
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....legal as it was a special arrangement in pursuance of impugned scheme of retirement. He cited the decision of the case of Ministry of Agriculture and Fisheries vs. Matthews reported in 1949 All England Law Reports, King’s Bench Division, 724. 6. Sections 4 and 9 of the Public Serv...... ......rit Petition No. 1139 of 1997, joined the then Bangladesh Railway on 22-1-72 in the post of Shed Khalashi. Subsequently he was promoted to the post of Welder under the Mechanical Engineer, Lalmonirhat. Md. Abdul Quasem the petitioner in Writ Petition No.1140 joined the then Pakistan Eastern Rail......oner as it is unconscionable to blow hot and cold in the same breach. Lawyers Involved: Mainul Hosein, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners (In both the petitions). Not Represented — the Respo..Category: Employment/Service Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....e of the notices under section 5(1a) and 5(3) of the Act cannot be presumed under the law particularly when the same is an integral part of the due process before one can be deprived of one’s land and that strict compliance thereof is a sine qua non and the burden of such proof cannot be s...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………&hell......om the consolidated judgment of the High Court Division in Writ Petition Nos. 41, 59, 84 and 85 of 1988 were allowed. 2. The petitioners filed the above mentioned writ petitions contending that since the order of requisition in LA Case No 21 of 1963-64 was set aside in appeal on 21 July 1......nd others .............Respondents Judgment November 8, 1998. The Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 5(1a) (3) Review may be granted only for sufficient grounds akin to those of Order 47, rule 1 of the Code of Civil Procedure. The court c..Category: Property Law | Date: | Hits: 69
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
.... of the crime, namely, the bearing of grudge by the accused party against the informant party for not being able to purchase the Bichra has not been proved by examining the erstwhile owner of that land, noticing in the same breath that the said owner Abdul Khaleque was dead. Abdul Khaleque&rsquo......sp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s R......o section 304 Part I of the Penal Code and sentenced them to suffer RI for 10 years each with a fine of Taka 5,000 each in default to suffer RI for 6 months more each. Their conviction as well as that of accused Abdul Malek and Abdul Majid under section 148 of the Penal Code were affirmed but th......dur Rouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh …………&hellip..Category: Criminal Law | Date: | Hits: 80
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....way of leave arises out of the judgment and order dated 11 November 1991 passed by a Division Bench of the High Court Division in Writ Petition No. 498 of 1987 discharging the Rule. 2. A strip of land measuring 6 decimals comprised within plot Nos. 2260, 2261, 2262 and part of 2263 of Mouza Brah......ted in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......ting the appellant for construction of blocks upon the acquired land. 3. After more than a decade respondent No.3 approached the Government to withdraw from acquisition of the land on the ground that the appellant did not utilise the acquired property for the purpose for which the requisition an......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Resu..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....tiff are his benamda in respect of schedule 1 and 2 properties. 2. The plaintiff instituted the suit stating, inter alia, that he had purchased and taken settlement of a part of schedule 1 land in the benami of his elder son defendant No.1 with his own money for his own benefit and inter...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another ……………&he...... Shantosh Chandra Dey ……………….. Respondent Judgment August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the s......of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title dee..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....on for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra ......p; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ......dence Act, 1872 (I of 1872) Section 56 Question of admissibility of certified copy of Kabalas fabricated was negativated by the courts below. The plaintiff having been successful in proving that the original Kabalas were lost it cannot be argued that the inadmissible evidence were relied ......t, 1872 (I of 1872) Section 56 Question of admissibility of certified copy of Kabalas fabricated was negativated by the courts below. The plaintiff having been successful in proving that the original Kabalas were lost it cannot be argued that the inadmissible evidence were relied upon as ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....impugned judgment. 2. Material facts of the case are that the plaintiff claims title to the suit property through one Jatindra Mohan Basak with whom he had an agreement for sale of the suit land dated 16-3-1950. He has been in possession of the suit land since then. The suit land was pur......tiff Judgment May 21, 1995. The Code of Civil Procedure, 1908 (V of 1908), Order XIV rule 1 The finding of the High Court Division that the Ministry of Works having released the suit property in favour of the plaintiff and lease of the defendant from the Deputy Commi......…………Plaintiff Judgment May 21, 1995. The Code of Civil Procedure, 1908 (V of 1908), Order XIV rule 1 The finding of the High Court Division that the Ministry of Works having released the suit property in favour of the plaintiff and lease of......ip;…Plaintiff Judgment May 21, 1995. The Code of Civil Procedure, 1908 (V of 1908), Order XIV rule 1 The finding of the High Court Division that the Ministry of Works having released the suit property in favour of the plaintiff and lease of the defendant from ..Category: Property Law | Date: | Hits: 69
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....sp; Bimalendu Bikash Roy Choudhury J.- The plaintiff is the appellant. His suit, Title Suit No. 84 of 1980, for declaration of title to the suit land was dismissed by the learned Subordinate Judge, Second Additional Court, Sylhet. On appeal, Ti......ip;……… Respondents Judgment November 12, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 and Order VI, rule 7 i) The High Court Division as a revisional court had hardly any jurisdiction to set aside the findings of fact by the appellat...... 1908 (V of 1908) Section 115 and Order VI, rule 7 i) The High Court Division as a revisional court had hardly any jurisdiction to set aside the findings of fact by the appellate Court and that also without discussing any fault in the factual finding by the said court……&hell...... findings of fact by the appellate Court and that also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and posses..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
.... of the High Court Division by judgment and order dated 29-5-97 set aside the appellate judgment, decree, and restored those of the trial Court. 2. The plaintiff claimed pattan of the suit land from the Estate of the Zamindars in 1331 BS. The plaintiffs’ father possessed the suit l...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others………………&h......became the sole owner of the suit land. Defendant No. 1 being the Tahshilder of the said Estate created certain documents for grabbing the suit land illegally. 3. Defendant No. 1 contended that the pattan in favour of the plaintiffs’ father is false. One Profullah Kumar Mitra took ......of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division has interfered with the finding of fact by the last court of fact and such interference is based on detecting error apparent on the face of the record resulting in failure of justice, this court finds no ground f..Category: Property Law | Date: | Hits: 45
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