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Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... and that his father was not a tenant of the appellant, that he did not inherit it on his father's death and as such, there was no question of holding over. This argument clearly takes us back to the disputed facts between the pasties, whether Kala Mia was a tenant under the appellant and, if so, wh......ent 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 over. The Appeal is allowed………….(11 & 12) Cases Referred to- Jessel M. R. in R..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.........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 before. His tenancy right has matur......wn to tae Zaminders that he was in possession. In 1951 with the acquisition of rent receiving interest, the Zaminder has disappeared and he becomes tenant under section 3 (4) (e): ''all tenants holding lands in such estates, (taluks, tenures, holdings or tenancies) directly under the rent-..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....on of Writ jurisdiction of the High Court Division. These decisions are hardly of any assistance to the respondent in view of the simple fact that the position of the employees in those cases was not disputed; one was in the service of the Republic and was very much within the protection of Articl......ing 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 employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as such he lies out side ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on ......apons. Again, when five persons including Mujaffar variously armed proceeded to kill Nurul Islam, it is difficult to understand why the mother-in-law also joined them carrying a dao in one hand and holding a kupi in the other. Non- mention of the kupi, the only means of recognition of the assailan..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......Further contention was that since the matter in controversy in the miscellaneous Case and the Title Suit are the same, the learned Judges of the High Court Division committed an error of law in not holding that section 10. C.P.C. is applicable to, the facts in the present case as the terms of sect..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......t produced in the Certificate Proceeding itself before the Revenue Court; for the Certificate Proceeding already came to an end and was disposed of before the land was put to sale. The proceeding for holding auction is a different proceeding which was not conducted by the Revenue Court, namely the C..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......from those, for example, of ss. 196 and 198, Criminal P.C, by which a bar is placed upon the jurisdiction of the Criminal Courts." 17. In the latter case, reliance was placed upon this decision in holding that a private person can complain of the commission of offences under the Companies Act, ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......2 who belonged to the ruling party. These allegations by the appellant find support from the authorities, failure to take any action during the continuance of the regime, though two Magistrates after holding enquiries submitted reports in 1975 in favour of the appellant firm. 25. Respondent No.1 ..Category: Business or Commercial Law | Date: | Hits: 118
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......peal was allowed and the judgment and decree of the trial court was set aside and the plaintiff's suit was dismissed. 6. The High Court Division dismissed the appeal preferred by the plaintiffs by holding: ''Both the courts below have found that the plaintiff's vendors were dispossessed in the..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ul Kader Chowdhury, Abu Bakkar Chowdhury and Shah Alam clearly amount to harassment and abuse of the process of the Court." Reliance was placed on the decision reported in 1950 Cr.L.J. 838 (Punjab) holding that criminal proceedings started on a complaint which did not contain any definite accusati..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
.... but it is an election in part as the results of election held in the other two Wards of the Union were maintained and kept intact so as to be amalgamated with the result of the fresh election in the disputed Ward. In such an election no fresh candidate can contest, no nomination paper is necessar......Ward No. 3. 4. The Election Tribunal, respondent No. 2 allowed the election case and declared the election held in Ward No 3 of the aforesaid Union Parishad as invalid. Further, he directed for holding of a fresh election in the ward within 30 days from the date. The election of respondent No...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......additional evidence in a Miscellaneous Appeal under 41, rule 27 of the Code of Civil Procedure. 2. Leave was granted to consider the question whether the High Court Division mis-directed itself in holding that additional evidence would only be allowed if the Court was not able to pronounce judgme..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. .......C. Suit No, 136 of 1964 was brought against Esarunnessa Bibi, the predecessor of the appellants. Two suits were in respect of two distinct tenancies, which are shop rooms situated in the Municipal holding No. 7 A.B. Guha Road, Mymensingh, which the respondent claimed to have purchased by register..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....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 and for recovery of possession......ention of the said witness to the statement in the said document, under section 145 of the Evidence Act, did not arise. The learned Judges of the High Court, accordingly, fell into an error in holding that the said document could not be taken into consideration. It appears that ..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
.... of if there be two alternative interpretations possible, a taxing statute must be interpreted in favour of the assessee and against the Revenue Authority". This principle is not disputed, but it has no manner of application in the facts of the present case. 4. The case......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....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. ......law the appellant is not inquired to discharge. The next contention was that the learned Judges of the High Court Division mis-interpreted the provision of section 12 of the Stamp Act and erred in holding that the adhesive stamp affixed on the instrument on plain paper have been duly cancelled. ..Category: Business or Commercial Law | Date: | Hits: 113
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....servations do not appear to have any relevance in relation to the facts and circumstances and the law under consideration. 12. The question relating to the release of requisitioned land, it is not disputed, falls within the administrative function of the requisitioning authority and if the said......s were shown in the notice issued under section 5(1) of that Act in L. A. Case No. 91 of 1962-63. Harilal Goswami made a representation to Mr. G. A. Madani, the then Chairman of the D.I.T. who, after holding some enquiry, passed an order on 16-2-66 on the body of the sketch man, annexed to the petit..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....tation Act. 9. Thus the above contentions revolve round the question whether the second proviso to paragraph 7 of the Fourth Schedule of the Constitution is mandatory or directory. It could not be disputed that, in genera), the provisions in a Constitution should be regarded as mandatory where ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....ant Haji Abdur Rahman for a sum of Rs. 700/- subject to the contract for reconveyance, reciting further therein that he received from Shahar Ali a sum of Rs. 1300/- only. 3. It was not disputed by the defendant Haji Abdur Rahman, as it could not be, that by the Kabala in favour of Sh......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....reunder otherwise an order of attachment made without one or other of these findings is without jurisdiction." 9. In the instant case, the learned Magistrate attached the disputed land on 16.11.67 under sub-section (1) of Section 146 of the Code in pursuance of directio...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
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