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Md. Akkas Ali Biswas and othÂers Vs. Ashit Kumar Mojumder and othÂers, 2005, 34 CLC (AD)
....rt Division observed, "the question raised by the learned Advocate for the petitioners as to whether the respondent Nos. 1 to 3 have failed to make out a case of dire necessity for selling the property as contemplated under section 6 and section 7 of the Rin Salishi Ain deserves considerati......253. ......he High Court Division in Writ Petition No. 1465 of 1991 and the rule was made absolute declaring the order of the Additional Deputy Commissioner (Revenue) to be without lawful authority and of no legal effect. After the judgment and order in the aforesaid writ petition the Additional Deputy Com..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the ground of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person ......37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
.... disputed jama was actually separated by an order of a competent revenue authority as claimed by the pre-emptee. Without determining this central question the pre-emption case cannot be disposed of properly. …………………(5) Since the learned Cour......B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the ......be mentioned here that the lower Appellate Court allowed the appeals and refused pre-emption mainly on the ground of limitation. But in coming to this finding the lower Appellate Court ignored the legal provisions that limitation starts from the data of registration of the sale-deeds, exts...Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......lip;………Respondent Judgment April 17, 1983. The Scheduled Offences (Special Tribunal) Order, 1972 (President’s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses A......quo;s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses Act are clear enough to dictate that any investigation or legal proceedings started under the repealed statute, will not be affected by the subsequent repeal..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
.... 1968 in part of the plot No.1210, when he promised to help the defendants in their litigations. The defendants also brought T.S. No. 83 of 1967 when plot No.1210 and suit land were declared as enemy property and they got decree in the year 1969. The plaintiff took the responsibility of land acquisi......l) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Matin Chowdhury………………………Appellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 19......ends, is totally uncalled for. Mr. Pal next contends that both the trial Court and the lower Appellate Court concurrently found. That the consideration was paid, but this finding of fact has been illegally disturbed in second appeal causing miscarriage of justice. Mr. Pal further contends that..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......ury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants Vs. Jatindra Kishore Malaker and others…………Respondents Judgment December 4, 1984. ......udge to the effect that Kabuliyat Ext. 2 did not confer any title to the appellant. 8. It was also argued that the learned Judge was wrong in holding that the appellants did not satisfy the legal requirement as demanded by section 143A of the State Acquisition and Tenancy Act or..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....? Mr. T.H. Khan contends that mere title “barga” of the kabuliyat is not sufficient to draw an inference in favour of a barga settlement, and that determination of the issue depends on proper construction of the document. We have considered this contention and find that excepting the......7 DLR (AD) (1985) 193. ......premises. This has been explained in Woodfall's Landlord and Tenant, page 326 in the following words: "Whenever the particular estate and that immediately in reversion are both legal and both equitable, and by any act or event subsequent to the creation of the particular e..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the DisÂtrict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......€™s pre-occupation was not a sufficient ground for failure to take steps in the proceeding on the date of hearing. Throughout the long course of the proceeding the respondent is found to be negligent and as such she is not entitled to get benefit of section 14…………..(12) Cases Referred to-......xcluded the present revisional application is within the period prescribed in section 32(3) of the Waqf Ordinance. Section 14 of the Limitation Act, which provides for exclusion of this time spent in legal proceedings in wrong forums, has been invoked by Mr. Khan. This section is quoted below- ..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the deed as either did not exist or it was fictitious………&hellip......st of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff w...... with the vendor in including a fictitious property in the sale deed, the right of the transferee arising under the sale deed shall not be invalidated in view of the Registration Act. This legal aspect of the matter had not been taken into consideration by the learned Court of appeal be..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
.... this appeal by special leave granted by us to consider the question whether the High Court Division's order on a revisional application under secÂtion 25 of the Small Causes Courts Act is legal and proper. The impugned order is dated 16 January, 1984 in Civil Revision No.121 of 1983 of the High Co......ellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Ebadullah Bepari…………………………..Appellant Vs. Nikhil Chandra Das ............................Respondent Judgment April 30, 1985. The Small Caus...... has filed this appeal by special leave granted by us to consider the question whether the High Court Division's order on a revisional application under secÂtion 25 of the Small Causes Courts Act is legal and proper. The impugned order is dated 16 January, 1984 in Civil Revision No.121 of 1983 of t..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....reasonable doubt." Per Shahabuddin J.- who observed: It is necessary to place the defence version and its supporting evidence and circumstances in juxtaposition to the prosecution case for the proper estimation of the extent to which the charges may be held to have been proved, as is it to ex......s well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....Division, that the holding in question was abandoned by its owner-tenant Priyabala and the Plaintiffs-landlords took khas-possession, thereof under section 87 of the Bengal Tenancy Act, is based on proper consideration of, the evidence on record. 2. The impugned order of the. High Court D......) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....ly, the trial court by its order dated August 15, 1981 appointed one Mujibur Rahman Khan. Project Engineer of the firm, who was in charge of the contract work as Receiver in respect of the assets and properÂties of the firm and for carrying on the inÂcomplete work with the employees of the firm ac...... (AD) (1985) 145. ......w and its application to individual cases, it provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for orderly development of legal rules. Their Lordships nevertheless recognise that fop rigid adherence to precedent may lea..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ra Bibi, widow of Amir Hossain's brother Dilwar Hossain. The proposal was accepted by Rahim Farazi; but when Amir Hossain demanded that Rahim Farazi should make a gift of his previous wife Rahela's property of 1½ kanis land to Monjura Bibi and produced a plain paper to obtain Thumb-Impress......llip;…………. (8,10) Cases referred To- Bhuboni Sahu vs. The King, 76 Indian Appeals, 147; Joygun Bibi v. The State, PLD 1960 SC 313=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89; Md. Bashir V The State, Supreme Court Monthly Repo......acted confession of a co-accused on the basis of which these four appellants have been convicted and sentenced to transportation for life under section 302/34 of the Penal Code, keeping in view the legal position that the statement of a co-accused under section 30 of the Evidence Act is not evide..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....he Court of Upazila Magistrate, should not be withdrawn and transferred the same to Drug Court at Dhaka for trial and disposal and pass such other or further order or orders as may be seem fit and proper. Facts are as follows:—On 22.6.84 the Superintendent of Drug lodged First Infor......s. The State..................Respondent Judgment April 9, 1985. The Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be t......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Planters (BanglaÂdesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....pany, purchased the entire assets of the defendant company in 1959 and was, therefore, joined as a defendant in the suit. 3. On 29 March, 1927 one Sarada Kripa Lala sold the suit properties to Dr. Beni Mohan Das who mortgaged them to the plaintiff-Bank on 31 March, 1927 for Tk.......dhury ATM Masud J Syed Md. Mohsen Ali J Planters (Bangladesh) Ltd..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases......n and the mortgage deposit of title deeds. The learned Counsel particularly stressed that such manipulations were evident from the pasting in the Bank's clean cash book, Ext.5. Apart from the legal effects of the deposit of title deeds and other relevant papers referred to above showing the..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ......respondent Nos. 2 and 3 were right in accepting the tender, the same being in violation of the terms of the tender. Further, since in view of the principle stated in 32 DLR 223 AD appellant had the legal right to challenge the acceptance of the tender and was entitled to an order of injuncti..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....o have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan Model Town, Dhaka in the list of abandoned property published in the Bangladesh Gazette on September 23, 1986 to be illegal and is of no legal ......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T......ion No. 41 of 1993 making the rule absolute declaring the judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan ..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....epublic of Bangladesh, and perform their constitutional duties and obligations as and when it is held and/or to pass such other or further order or orders as to your Lordships may deem fit and proper. and Pending hearing of the Rule the respondent Nos.1-2 be restrained from mak...... Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others…&he......nts, allowances and all other benefits for the period of their unauthorised absence. We declare that the salary, emoluments, allowances and other benefits so received by the respondents are illegal and unauthorised. The aforesaid illegal and unauthorised receipts of salaries, emoluments and..Category: Constitutional Law | Date: | Hits: 147
M/s. House BuildÂing Finance CorÂporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
.... cities and towns by granting loans on security by mortgaging land and the house to be constructed thereon. Accordingly, the appellant advanced loan to the members of the public on mortgage of properties and earned income from "Interest on Mortgage" along with some income derived f...... Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakis......ter alia, that ''no officer of the Corporation has any authority to convert profit from mercantile system to cash system or even to maintain books encase system in view of the above mentioned legal provisions", namely provisions of section 32 of the House Building Finance Corporation, ..Category: Fiscal/Taxation Law | Date: | Hits: 102
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