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State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the D...... the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W......gment Shahabuddin Ahmed J.— In this appeal by special leave, at the instance of the State, the legality of the High Court Division's order of acquittal in revision has been called in question. T..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of the compensation Assessment Roll and vesting of the suit property namely, a hat, in the Government under the State Acquisition and Tenancy Act is invalid an......M Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, represented by the Dy. Commissioner, Faridpur.... Appellant. Vs. Abul Kaiser Chowdhury and others. ……………………………......p;…..Respondents Judgment November 13, 1984. The Code of Civil Procedure, 1908 (Act V of 1908); Order 23 rule 3 When a respondent in an appeal dies and one of his legal representative is already on record in another capacity, the appeal does not abate even ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... 3 of 1958 in the court of Subordinate Judge, Sylhet. During the pendency of the suit Jogesh Chandra Das died but the suit was decreed. In execution of the decree plaintiff appellant purchased the properties described in schedule 1 to the plaint for Tk. 4,500/- on September 20, 1959, and in purs...... Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9(1), 9(2), 9(3) Interpretation of Sta......ior to the coming into force of the East Bengal State Acquisition and Tenancy (Fourth Amendment) Ordinance, 1961, was not in contravention of any law for the time being in force and was legal and valid." 9. After section 9 of the said Act, the following new sectio..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....In the earlier part of Magh, 1371 B.S. plaintiffs becoming apprehensive of the prevailing tension among the Hindus took shelter in the house of the defendant. Plaintiffs proposed exchange of their properties in Calcutta, India with those of Abdul Malek and accordingly delivered their title ......ul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment July 29, 1984. ......khali for a declaration that the partition deed executed them and the defendant, Abdul Malek, predecessor of the appellants on 12 March, 1965 and registered on 19 March 1965 was void, fraudulent, illegal and was obtained by misrepresentation. Facts, as stated in the plaint, are: Plaintiff-respon..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....ected against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. had 6 annas 8 pies share in C.S. Khatian No. 264 and ......dgment July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the pa......r help, to the contention of the appellants that their appeal should continue even though the appeal by one of them had abated. It was observed- "However where in a case the legal representatives of the deceased appellant and the surviving appellants are negligent in..Category: Property Law | Date: | Hits: 38
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....g of the injuries if caused by Those accused lathi and thus the prosecution hopelessly failed to prove the charge under section 302/34. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg...... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Abu Sayeed Sheikh alias Abu Sayeed and another………………………….Petition......o prove the charge under section 302/34. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The pet..Category: Criminal Law | Date: | Hits: 38
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323....... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Anti-Corruption Commission………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment November 12, 2008. Lawyers......mmission Act, 2004. 4. Mr. Md. Khurshid Alam Khan learned Advocate, appearing for the petitioner submitted that the High Court Division without calling for L.C. records from the Court below most illegally passed the impugned judgment and order declaring the proceeding as well as the conviction as..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
.... 4. Syed Humayun Kabir Khadem; learned Advocate, appearing for the petitioner submitted that admittedly the plaintiffs are the heirs of the original owner and that they have claimed the suit property by way of inheritance; that the plaintiffs are in possession of their land measuring an ar......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell......Mithapukur, Rangpur, for a preliminary decree for partition to 8 annas share to the suit land and also for a declaration; that the compromise decree passed in Other Suit No. 55 of 1966 to be illegal and not binding upon the plaintiff contending, inter alia, the suit land under partition bel..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....re duly approved by the respondent No.1 in the year 1982. 3. All the petitioners possessed the shops peacefully as allotted in their name since erection of the building by paying salami and proper rent. Although the plan was passed in the year 1982 by the then Dhaka Improvement Trust for ......me Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petition......t ask the petitioners to vacate the premises without considering that there are existing shops where the car parking spaces have been demarcated. So approving plan for 15 storied building is illegal and for which on the basis of the said illegal plan the petitioners cannot be asked to ..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....to Kasimuddin who died leaving behind the pre-emptor and the vendor as heirs; that the vendor namely, Most. Kachuron Bibi sold out the case land to the pre-emptee No. 1 and 2 on acceptance of proper consideration of money at the mediation of the pre-emptor. The pre-emptor also sold .48 acre......Case is also Reported in: VI ADC (2009) 312. ......tees by a kabala dated 05.09.1990. After purchase of the case land by the pre-emptees, the pre-emptor threatened the pre-emptees giving out that he would file a case for pre-emption which is illegal and the Judge of the High Court Division has committed error of law in discharging the Rule...Category: Property Law | Date: | Hits: 33
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....of his death. 3. The defendants contested the suit by filing a joint written statement. Briefly put, their case was that Abdul Barek had no issue. Defendant No. 1 used to look after his property. Before his death Abdul Barek proposed to sell the suit land for his medical treatment. On...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..........he impugned Kabala was executed on 14 October 1983. After two days of the execution of the sale deed Abdul Barek fell seriously ill and died. Subsequently the Kabala was registered by the heirs and legal representatives of Abdul Barek on 12 February, 1984 under the provisions of the Registr..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of contract in respect of a property which has been enlisted as an abandoned property in the "Ka" list is a bar for i...... represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- ......epresented by the Secretary, Ministry of Works challenging the judgment and order passed by the 1st Court of settlement. The High Court Division after elaborate discussion found that there was no illegality in the impugned judgment of the Court of settlement and accordingly, the Rule was discharg..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....erefore to maintain the finding of the High Court Division. For the reasons aforesaid the impugned judgment of the High Court Division being in excess of its revisional powers and even not being a proper judgment of reversal is not sustainable in law. The appeal is allowed without any orders...... appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. In person- the Respondent. Civil Appeal No. 50 of 1996. (From the Judgment and Order dated June 1,1995 passed by the High Court Division in Civil Revision No. 1471 of 1994). ......ged marriage by the defendant; (iv) the story of going to the Payalgacha family planning centre on 8.6. 89; and (v) the alleged witnesses to the marriage named in the alleged kabinnama (which was not legally proved) did not depose in the suit supporting the marriage. The lower appellate court upon f..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....hat the plaintiff appellants on 31.12.86 got an ex parte decree in Title Suit No. 203 of 1984 of the Court of the Subordinate Judge 4th court, Dhaka for declaration of their title to the suit property, comprising of land and buildings within Dhaka City, on adverse possession. Defendant resp......, Advocate instructed by Md. Nowab Ali, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 5 of 1998. (From the Judgment and Order dated 27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). ......itten objection on behalf of defendant No. 1 the prayer of the plaintiffs was opposed stating inter alia, that she is very much alive and has been residing abroad at present and that her son as her legally constituted attorney has been conducting the aforesaid Misc. Case. 3. Hearing b..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....lso of a declaration that the proceeding taken in V.P. Case No. XII-1877 72-73 is illegal, void and not binding upon the plaintiffs and that the plaintiffs shall get khas possession in "kha" schedule property evicting defendant No. 4 (ka) there from. The aggrieved defendant respondent Nos. 1-4 the......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...................training them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that the proceeding taken in V.P. Case No. XII-1877 72-73 is illegal, void and not binding upon the plaintiffs and that the plaintiffs shall get khas possession in..Category: Limitation Law | Date: | Hits: 166
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating,...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......intiffs acquired no title to the suit property". The High court Division also held that the appellate Court totally ignored the findings of the trial court and that failed to consider the factual and legal aspect of the case as discussed by the said Division, in affirming the judgment and decree pas..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
.... decree of the trial court and dismissed the suit holding, inter alia, that the suit land on being acquired in the year 1941 having been vested in the Government it has a legal right to deal with the property including granting of temporary lease and as such the settlement granted to defendant no. 1............. the temporary lease granted to defendant No. 1 (respondent No. 1 herein) by the Government in respect of 10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted..Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
.... awarding of the interest at the rate of 18% till realization. Section 34 of the Code of Civil Procedure provides that payment of interest is discretionary but should not be refused in the absence of proper reason and in exercising discretion it must be reasonable. The rate of interest should al...... Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 15, 2003. Result: The appeal is ......ned Counsel for the appellant that the defendant appellant having already paid the admitted principal decreetal amount of Tk. 2,24,72,280/- to the plaintiff but by the decree the appellant has been illegally saddled with an interest at the rate of 18% without any basis or supporting materials and th..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....Suit No, 31 of 1983 (later re-numbered as Title Suit No. 131 of 1984) originally in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mortgaged property for a preliminary decree for Tk. 14,00,000/- with interest at 20% till realisation with a...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No......useful to quote Rule 11 of Order 34 C. P.C in full, as inserted by Act 21 of 1929. "11. in any decree passed in suit for foreclosure, sale or redemption, where interest is legally recoverable, the Court may order payment of interest to the mortgagee as follows na..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....of the said Mission, they left for India for good making an oral gift of the suit land in favour of defendant Nos. 1 and 2. The plaintiff is a monthly tenant of defendant No. 2 in respect of the suit property but she having refused to pay rent defendant No. 2 thereat ended to dispossess her from t...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifudd......s of the Non-Agricultural Tenancy Act wrongly held that the suit land was not a non-agricultural land. The learned Judge further held that the suit land being a non-agricultural land, it could not be legally transferred by the heirs of Nogendra to the plaintiff by an unregistered instrument and as..Category: Tenancy Law | Date: | Hits: 163
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