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Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....ct (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 matured over the last forty years and such right is exercisable against the ex-land lord a......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 ......f Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since he was not in possession his prayer was not granted by the Government. 4. The trial court came to the finding that the plaintiff was in possession of the suit land from 1940. The..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....ely, the Registrar, Co-operative Societies. The learned Munsif, by his judgÂment dated 24 December 1976, dismissed the suit holding that he was not a governÂment servant and as such he got no legal right to be enforced by any court. He preferred an-appeal (Title Appeal No. 11 of 1977), but the app......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......e society, and without registration, no society can come into existence. It is the Registrar, again, who may cancel the registration of a society whereupon he apÂpoints a liquidator to wind up the affairs of the society. The entire executive authority of a cooperative society vests, as already stat......y court. He preferred an-appeal (Title Appeal No. 11 of 1977), but the appeal was dismissed by the learned Subordinate Judge, by his judgment dated 21 January 1980 concurring with the findings of the trial Court that he was not a government servant. He then moved the High Court Division with a revis..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......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...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......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 tried..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
.... for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, Third Court, Dhaka, till disposal of the former case. Judge......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......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......ts; and (d) any other relief or relieves the plainÂtiff is entitled to under the law and equity." 11. According to him, the learned Judges should not have, therefore, reversed the order of the trial Court staying the proceedings of Title Suit No. 193 of 1981. It appears from the following obs..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....gent) and Mr. Mahbubey Alam, learÂned Advocate for appellant Sonaullah Akhan. Leave granted by us in both these appeals, filed separately, is limited to the question as to whether the cognizance was rightly taken by the Special Judge on a police report and not upon any complaint from the Court conc...... 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...... result, both the appeals are disÂmissed. 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.......…………(5) The offence committed by the accused appellants is not an offence within the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both ..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 apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......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. ......bearable but injuÂrious to the health of the inmates of the house. Appellants did not also take any trade licence for installing and running the heavy machinÂeries in the area which was not an industrial area. Having failed to stop the nuisance and being indignant at the unauthorised running of th..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....an 30 days notice in writing, to expire at any time of its intention to terminate it and upon the expiration of any such notice this licence shall stand cancelled and revoked without prejudice to the right of either party against the other in respect of any matter or thing antecedent to such termina......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......dgment of the High Court DiviÂsion 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. ......vely preferred First Appeal Nos. 16 and 17 of 1983 before the High Court Division. The learned Judges of the High Court Division, Chittagong Bench who heard the appeals allowed them and set aside the trial Court's decree. 18. Appellant firm being aggrieved moved this Court and obtained special le..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ...... of the High Court Division, Rangpur Bench, in Criminal Revision Case No. 66 of 1983 affirming the conviction of the petitioners under section 379 of the Penal Code. They were sentenced to suffer R.I for 3 months and to pay a fine of Tk.500/00, in default, to suffer 15 days of further simple impriso......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......days of further simple imprisonment with a direction that the fine, if realised, half of the amount be paid to the complainant. 2. Various allegations were made against the accused appellants. The trial court, however, did not find them guilty of offences under sections 147 and 323 Cr.P.C. The tr..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ...... respect of the period of sentence even on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) Cases Referred to- Ramzan Ali Vs State (1968) 20 DLR (SC)......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......at he used to reside in the house of the co accused Golam Mostafa while proÂsecuting his studies in the University, he had been falsely implicated and he took the plea of alibi by as well. 4. The trial court convicted and sentenced the accused as aforesaid; thereafter two crimiÂnal appeals were..Category: Criminal Law | Date: | Hits: 62
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
.... Respondents 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......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. ......The defendant contested the suit by filing written statement and he mainly based his claim on adverse possession since 1357 B.S. and contended that the suit is barred by limitation as well. 4. The trial court decreed the suit. It was noticed that Ext.D is a Bhara agreement and it mentions sub-let..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. ...... Islam ChowÂdhury, Abul Kader Chowdhury, Abu Backkar Chowdhury and two others. On receipt of the charge sheet the Sub divisional Magistrate, Sadar, Chittagong, discharged the respondents whereupon informant Farruk Ahmed filed a naraji petition which, however, was rejected by the learned Sub divisio......rt Division refused to quash the proceeding and this Court came to the conclusion that there is nothing illegal with the view of the High Court Division in refusing to quash the proceeding. 14. In fairness it must be stated that the High Court Division, Chittagong delivÂered judgment on 5.2.84 a......s been described. So, it could not be said that the proceeding against the Respondents will be an abuse of the process of the Court. The Appeal is allowed. The order of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. ………..(14) Cases Referred to- A..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....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 authorized to exercise his right of appeal granted under section 4 of the Amending Ordinance (per Fazle Munim CJ)………….(......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 ......the appellant as Chairman of the Union Parishad, was published in Dhaka Gazette, Extra-ordinary. On 24th June 1984 the appelÂlant was sworn in as Chairman and since then he has been conducting the affairs of the Parishad. On 9th July 1984 the Local Government (Union Parishads) (Amendment) Ordinance......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
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....Assistant Tahshilder O.P.W. 2. proved the relevant entries. The respondent, however, withheld his rent receipts alleging that he did not pay any rent after the preparation of the revisional record of rights. 5. The learned Subordinate Judge held that although the entries in the Register II showed...............Respondent Judgment August 7, 1985. Result: The appeal is allowed. The Civil Procedure Code, 1908 (V of 1908), Order XLI, r. 27 Additional evidence may be adduced on appeal for pronouncing the judgement or for any substantial cause. Duplicate rent receipt being found out d......aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......t-receipts by which the respondent paid rents accordingly with the full knowledge of the mutation case. The appellants contended that the respondent withheld the original rent receipts at the time of trial falsely alleging that he did not pay any rent after the preÂparation of the revisional record..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....nsideration and the opinion is this findÂing of the Appellate Court below is justified and accordingly it is affirmed. As for the second point, namely, as to the adjustment of the tax which has been rightly mentioned as the case of first impression, the relevant law deserves consideration. 9. Th......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........ 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. ......ingh, which the respondent claimed to have purchased by registered kabala dated 29.7.63. In the case of Nurul Islam, the decree was passed and he had been ejected. Now in the case of Esarunnessa, the trial Court found that the tenant had defaulted in paying rent to the respondent and further the res..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
..... The plaintiff was liable to pay rent to Modhusudan Shaha on account of the lease at the rate of 4 annas per annum and, by another deed of sale executed on the same date. Modhusudan Saha sold his right to receive the aforesaid rent to the plaintiff for a sum of Rs. 40/- only and thus the plaint......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. ......it was decreed by the learned Subordinate Judge; Dacca who tried the same but, on appeal by the defendant-respondents, the learned Judges of the High Court set aside the judgment and decree of the trial Court and dismissed the suit. Thereafter the plaintiff filed a petition for special leave to ..Category: Property Law | Date: | Hits: 37
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....ount of tax" we are unable to read it as a penalty. The impugned orders with regard to levy of additional amounts of tax under section 45A, which we have earlier held to be unconstitutional, was thus rightly declared by the High Court of East Pakistan to have been made without lawful authority and b...... section 45A, which was inserted by the Central Legislature of Pakistan in the income-tax Act, 1922 (hereinafter referred to as the Act) by Act No. 16 of 1963. The writ petitions which succeeded before the High Court were disposed of by a single judgment. We are also disposing of these appeals by......d only tax on income. NoÂwhere the List provided for a tax on tax. The Central Legislature of Pakistan was not thus authorised to enact section 45A. This section was thus abinitio void. 11. To be fair to the Counsel appearing for the Department, it needs being said that he conÂfined his submiss......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....uestioned. (2) That the view taken by the learned JudÂges of the High Court Division that the seniority which the respondents acquired under the Staff Circular of January, I960 was a vested right that was taken away under the impugned circular, was erroneous. 3. In order to appreci......angladesh Bank questioning the validity of the Staff CirÂcular No. 1 of 1973 (hereinafter referred to as "The impugned circular") which was issued by the said Bank on the 9th April, 1973. 2. The aforesaid circular provided, inter alia, that the seniority of the Coin/Note Examiners and Typists wh......is, nevertheless it seems that somehow or other it did not occur to them that in being a joint seniority list on the basis of the impugned Circular, the respondents were being subjected to the same unfair and anomalous treatment as were sought to be done away with by she authorities; for it appears ......ration that he occupied the same position with the some privileges and benefits as if he had been appointed as a SuborÂdinate Judge prior to those who had superseÂded him and for other reliefs. The trial Court passed a decree in favour of the plaintiff upon the finding that" "that the High Cour..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
.... entered the premises to prepare the house for the purposes envisaged by the Minister's decision. As a result, the plaintiffs commenced proceedings upon contentions among others that the town clerk's right to posÂsession ceased when the premises were no longer used for the purpose for which possess......ilgaon, P. S. Tejgaon in L. A. Case No. 91 of 1962-63, under the East Bengal (Emergency) Requisition of Property Act, 1948 (hereinafter referred to as "The ReÂquisition of Property Act") and praying for a direction to derequisition certain other lands including plot Nos. 713 and 714 of the said Mou......he statutes which regulate it, and extend no further than is expressly stated there in, or is necessarily and properly required for carrying into effect the purpose of its incorporation, or may be fairly regarded as incidental to, or conseÂquential upon, those things which the legisÂlature has...... to the High Court making the reaming plaintiff a respondent to the appeal. The High Court at the time of hearing made that plaintiff an appellant instead of a respondent, set aside the decree of the trial Court remanded the case to that Court for decisions whether Mst. Ali Begum should be Mutwalli ..Category: Property Law | Date: | Hits: 48
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......973. Lawyers involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.—For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court o......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......n order of a Magistrate of the First Class. The contention relating to the competency of the Police Officer, who investigated the case against the petitioner, was not raised either before the trial Court or before the High Court and since this contention, as formulated. By Mr. Abdul Hamid, ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....ion arose whether the Magistrate was justified in discharging the accused persons upon a finding that the occurrence took place on the land in possession of the accused persons who exercised their right of private defence when P. W. 2 and his men tried to take possession of the same forcibl...... by Special Leave arise out of an order passed by the High Court of East Pakistan rejecting summarily an application filed by the appellant under section 215 of the Code of Criminal Procedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......ting summarily an application filed by the appellant under section 215 of the Code of Criminal Procedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Be..Category: Criminal Law | Date: | Hits: 60
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