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Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
....: "any co-sharer tenant or tenant holding land contiguous to the land transferred, who has not applied either under sub-section (1) or under this sub‑section, shall not have any further right to purchase under this section." 5. In this case the pre‑emptee tried to re......ng Bench in Civil Revision Nos. 1420 to 1423 of 1997). Judgment: MH Rahman J.- The appellants filed four different applications for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fi...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......sif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial Court dismissed the petitions after holding that the pre-emptors were not co‑sharers by..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
.... impugned Judgment and order acquitted the respondent of the charge on benefit of doubt after setting aside the Judgment and order of the Special Judge. The learned Judge of the High Court Division rightly found that there was no illegality in the charge framed at the trial. It was pointed out t......eriod from 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriated the said amount for personal gain. The respondent was once tried earlier and convicted under section 409 Penal Code......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ...... Tk. 18,000.00 in default to RI for two years more. On appeal the order of conviction and sentence was set aside by the High Court Division on the ground of misjoinder of charges and there was a retrial held by the Special Judge, Khulna Division (at Patuakhali) as ordered by the High Court Divis..Category: Criminal Law | Date: | Hits: 41
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......assed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) a......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......suit No. 630 of 1979, for the self same land, the appellants got themselves added as defendants and contested the suit, that the plaintiffs' prayer for injunction was refused in that suit both by the trial Court and in appeal, that the present suit was filed without making them defendants and their ..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
.... not raised any objection to the pre‑emption of 20 decimal from only one plot‑No. 2574. In the circumstances, pre‑emption as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also rep......rtion of Plo Nos. 2574 and 2573 were transferred by their own under a kabala dated 3 June 1976, whereupon appellant filed an application under section 96 of the State Acquisition and Tenancy Act before the Munsif, Faridpur, claiming pre-emption of both the plots taking the ground that these two ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......the ground that only a part of Plot No. 2574 is contiguous to the appellant's land that Plot No. 2573 is not at all contiguous, and as such he is not entitled to pre‑empt both the plots. The trial Court allowed pre‑emption in respect of both the plots finding them to be contiguous to..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
.... & others 1981 BLD (AD) 371 a question was asked whether the plaintiffs' assertions that they successively took yearly lease till 1950 andpaid rent revenue up to 1956 could make out a case of tenancy right. After considering 25 DLR (SC) 90 and 1979 BCR (Vol. 3) 400 it was held that before passing ......t Division in Civil Revision No. 381 of 1985). Judgment: MH Rahman J.- The appellants filed Title Suit No.355of 1969 in the Court of Munsif, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nand......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......delay. After considering that the date for the hearing was fixed within the knowledge of the parties and the evidence of P.W.1 that the date of hearing was within the knowledge of the defendants, the trial Court rejected the application for restoration. The prayer for condonation was also rejected a..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ge, Customs Preventive Unit, Mongla Port lodged an FIR with Mongla PS stating that on 28.6.88 at about 8.30 AM the appellant along with two members of the crew had come to the Customs Office and informed the informant that their trawler which was damaged had been lying at a distance. P.W. 1 visi......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......hat they did not give the goods to the Police. 6. It appears from the copy of the order‑sheet of M Special Tribunal that some samples of the seized goods were produced at the time of trial and only those samples remained in the custody of the Court on the day of delivery of Judgmen..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ent: ATM Afzal J : The question involved in this appeal by leave is whether the High Court Division was right in taking the view that no complaint by the court as required under section 195(1)(b) of the ......ther the High Court Division was right in taking the view that no complaint by the court as required under section 195(1)(b) of the Code of Criminal Procedure 1898, briefly, the Code, is necessary for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......Thereafter the Police submitted a prosecution report in NGR Case No. 548 of 1976 against the appellant alleging an offence under section 211 of the Penal Code upon which cognizance was taken and a trial held. 3. An Honorary Magistrate, by Judgment and order dated 23.11.81, found the appe..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973) was passed on September 22, 1973 amending Article 33 of the Constitution. It provided for clear derogation from the fundamental right to life and personal liberty and attendant safeguards provided in the Constitution for the en......der section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the public. The detenu was pre......j Rashid, Minister in the last Government, the order of detention was passed for ulterior and malafide purpose to harass and humiliate the detenu. 5. Respondent No.1, the Ministry of Home Affairs, denied the material allegations made in the writ petition and contended that the detenu had ......n the framework of that law. However, temptations to resort to such law as an alternative to the ordinary law that calls for hard labour, intelligence and patience for investigation, detection and trial of an offence, seemingly similar to a prejudicial act, are there, (examples of abuse of the l..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....ce of the fact of registration and the appellant himself was a contributory to this finding. The appellant cannot now be allowed to take advantage of his own wrong. The issue of maintainability was rightly decided on an assertion made by the appellant himself and in bonafide belief that the kaba...... setting aside the Judgment and order of the learned Subordinate Judge, 1st Court, Chittagong dated 25.5.78 in Miscellaneous Case No. 274 of 1976 dismissing the pre-emptor-respondents' application for pre‑emption under section 24 of the Non-Agricultural Tenancy Act, seeking to pre-empt the......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ...... 2. The grounds on which the appellant resisted the present pre‑emption case were, inter alia, that the application was barred by res judicata and that it was bad for defect of parties. The trial Court found that the case was bad for defect of party as one Amalendu Dev, a co-sharer in the..Category: Property Law | Date: | Hits: 85
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....not certainly a matter for consideration of the Election Commission, unless it is clearly proved that spurious votes were cast by capturing the polling booth. The High Court Division is found to have rightly interfered with the Election Commission's order which is clearly unjustified and uncalled fo......special leave, a common question of law being involved, they have been heard together and are going to be disposed of by this judgment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counti......with Article 119(2) of the Constitution, contemplates the power of the Election Commission to oversee the entire election process from start to finish and to ensure that such election is held justly, fairly and honestly. His view has been supported by Dr. Kamal Hossain and Dr. Rafiqur Rahman and oth......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e full panoply of powers of the trial Court like the power to frame charge or to alter or add any charge at any stage before the judgment is pronounced. The learned Counsel for the petitioner was not right in contending that the trial judge has taken cognizance of a different offence because the off......) (1993) 48 ......f the other case has been produced before us. Whether the petitioner is being prosecuted for the same offence for which he had earlier been convicted cannot be examined in this perfunctory state of affairs. It seems the petition has no serious purpose because none of the relevant documents which are......al misconduct under section 5(i) of the Act by the Senior Special Judge under section 4(4) of the Act XL of 1958 to the Court of the Special Judge the latter has got the full panoply of powers of the trial Court like the power to frame charge or to alter or add any charge at any stage before the jud..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....judgment was, however, signed by inadvertence. Sulaiman, CJ set aside the order and reheard the matter. This was a case where a mistake committed by a functionary of the Court itself was later set right by the Court in its inherent jurisdiction. 11. In AIR1953 Allahabad p. 416 was held......bsp; MH Rahman J.- On April 15, 1960 the appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department. The Government of Bangladesh formed a corporate body, namely, Civil Aviation Authority of Bangladesh by Civil Aviation Authorit......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......gs and depositions already in the case. See Read 6 Am. St. Rep. 877, 10 At 1. Rep. 385." 18. In Stroud's Judicial Dictionary (1974) it is stated a "rehearing" is a new trial, and is not satisfied by merely reading the transcript of the first trial (R V Syme, Ex p. Pa..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....see acting upon the licence has executed a work of a permanent character and has incurred expenses in the execution so as to make the licence irrevocable. So long as the construction consists the right to revoke it would be in abeyance." 7. Ext. 1 reads as follows: ......the High Court Division, Dhaka in First Appeal). Judgment: MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka......ensor is by necessary implication estopped from revoking his permission so as to prejudice the licensee whose position has been compromised in consequence. It would be inequitable, unjust and unfair to allow a licensor to order that the licensee should forthwith remove the work of a permanen......squo;A’ schedule land. The plan for the construction of the building was sanctioned in her name. The wife mortgaged the land to the Shilpa Bank of Bangladesh, the successor of the former Industrial Development Bank of Pakistan, for securing the house-building loan sanctioned by the Bank. A..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... the owner in possession of the suit property which is a town property. Defendant Nos. 1‑5, of whom defendant Nos. 1 and 2 are dead and are now substituted by their heirs, having no manner of right ' title and possession thereof attempted to take forcible possession of her property. On 18.1......nd Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port of Calcutta Vs. Suraj Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhrani Vs. ......edgment of an attempt to stay proceeding in a "criminal matter" is the question. 16. The law as to whether a civil suit will prevail over a proceeding under section 145 Cr.P.C. is fairly well‑settled when a civil suit is filed before a proceeding under section 145 Cr.P.C. ......rejected on the ground of its being barred under section 56(c) of the Specific Relief Act which provides that no injunction can be granted to stay proceedings in any criminal matter. 2. The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rejected the defendant- responden..Category: Property Law | Date: | Hits: 81
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....emption proceeding, as also in the present case, he does not become a transferee to a co-sharer either at the time of transfer or at the time of institution of the pre‑emption proceeding. The right of pre-emption accrued to the pre-emptor is not affected by the subsequent acquisition of co-......ksum-ul-Hakim, Senior Advocate (Abdul Hamid, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Respondents -Not Represented. Civil Petition for Leave to Appeal No. 371 of 1992. (From the Judgment and Order dated 27.4.92 passed by t......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......on No. 986 of 1990 disposing of the Rule by setting aside the order of remand passed by the appellate Court below and allowing the pre-emption case, thereby reversing the judgment and order of the trial Court disallowing the pre-emption case. 2. The pre‑emptee-petitioner received t..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ...... MH Rahman J.- Respondent, Shakhipur Islamia High School, instituted Title Suit No. 112 of 1969 in the First Court of Munsif, Chikandi, for declaration of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92...... it can not be called as a hat at all. Our attention has been drawn to the definition of hat given in Wilson's Glossary: "A movable market, a market, one held only on certain days in a week, a fair." The term 'hat' is defined in clause (12) of section 2 of the Act: "Sec......794 and over a nominal portion of the southern side of Plaintiffs Plot No. 107116, and that the plaintiffs suit was barred by section 20(2a) of the State Acquisition and Tenancy Act. 4. The trial court decreed the suit after considering the Secretary, Muktagacha Abbasia Senior Madrassa Vs...Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......For the Petitioner. Zakir Hossain, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Petition for leave to appeal No. 121 of 1990. (From the judgment and order dated 27.2.90 passed by ...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......een rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing the plaintiff's prayer. The records of the case reached the trial Court on 25.1.86, but the plaintiff failed to file any hajira nor took any steps. On 16.3.86 ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....n given only to the Tribunal under the Special Powers Act, and as such, jurisdiction of an ordinary court, such as a Magistrate to try the offence under ordinary law stands ousted. The respondent was rightly charged by the Tribunal under section 25B of the said Act and after trial he was rightly con......particularly of gold has been defined in the Special Powers Act and this definition is exactly the same as that of smuggling under section 156(8) of the Customs Act. The offence is one and same. Therefore there is no question of joinder or misjoinder of charges. Though it has been made punishable ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......he respondent by the Appellate Court is highly improper and that this appeal by the State should be allowed. 1, however, like to add a few words in connection with the respondents contention that the trial was vitiated by mis‑joinder of charges and want of jurisdiction of the Tribunal in trying a ..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....P. No. 1 therein be hereby set aside”. As against this there was a revision before the High Court at the instance of the respondent for determination as to whether the learned Munsif was right in setting aside the abatement. The High Court after hearing the parties set aside the judgme......ud Hussain J.—This appeal is against the judgment of a learned Single Judge of the erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......earned Munsif should be upheld. 7. Mr. Moinul Huq, the learned Counsel for the respondent contended that the appeal has not been properly constituted as some parties who were before the trial Court and the High Court have not been impleaded in the present appeal. There is no dispute t..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
.... months In considering these point the following subsidiary questions need consideration: 1. Whether the sub-division of a holding under sec 88A of the Bengal Tenancy Act nullifies the right to pre-empt already accrued, 2. What is the effect of non-service of notice unde......lved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. Jane Alam, Advocate, instructed by S.M, Huq, Advocate-on-Record—for Respondent. Civil Appeal No. 78-D of 1968, (On appeal from the ju......ribution of the rent payable in respect thereof may by order in writing direct such division of the holding, and- distribution of rent thereof including arrears or rent, if any, as he considers fair and equitable: Provided that— (a) no such orders shal......tance of the transferee. It is against. a judgment of a Division Bench of the erstwhile High Court of East Pakistan which set aside an appellate order of reversal and restored that of the trial Court which granted preemption, with the modification that pre-emption, was granted..Category: Property Law | Date: | Hits: 60
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