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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. ......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. ......der No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......mmediately before the coming into force of this Act. 5. When the appeal was taken up for hearing Mr. Abdul Malek, learned Counsel, appearing for the appellants frankly conceded that the question raised in this appeal has already been decided by the Court, in this case of Aktar Hossain..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restraining principal defendants (Respondent Nos.1-3) from disturbing plaintiff's possession in the suit land or from transferring the suit land to anybody else by way of sale or o......g for a decree for specific performance of contract for sale and also for permanent injunction restraining principal defendants (Respondent Nos.1-3) from disturbing plaintiff's possession in the suit land or from transferring the suit land to anybody else by way of sale or otherwise. 3 The plai...... (1985) 205, 1985 BLD (AD) 172.......pellant Vs. Chapala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 1908 (V of 1908), section 100 Misreading of evidence is a mixed question of fact and law, and as such the High Court Division erred in law in the interfering with t..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....lip;Respondents Judgment December 4, 1984. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. The ma...... Judgment December 4, 1984. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. The material considerati......rt Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Reazuddin & ors………………………Appellants ......……Respondents Judgment December 4, 1984. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....85 (VIII of 1885), Section 22 (1) (2) In a case of merger, the landlord holds only the superior interest and can possess the land as a tenant but he has to pay rent for the land in his khas possession for use and occupation of the same. As provided in the Explanation, a person ho......he proprietor/permanent tenure holder is the same person. The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (2) It provides for partial merger which takes place if a co-sharer landlord acquires the raiyati interest under him and his other co-sharer landlords. As to sub......s Case is also Reported in: 37 DLR (AD) (1985) 193. ......or in respect of possession of the plaintiffs on and after the surrender. 10. Mr. Kh. Mahbubuddin Ahmed, learned Advocate for the appellants, has concentrated his whole arguments on the question as to annulment of the interest of the appellants in consequence of the sale of the Touzi...Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....tion was filed on 4.2.82 no attempt was made, to stay the operation of the order of the High Court Division. In that context Mr. Rabbani cited 17 DLR 476. Be that as it may, the plaintiffs are in possession in pursuance of the execution of the sale-deed in question and the same had been regist....... Plaintiff-respondent instituted a suit under section 77 of the Registration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defendant No.1 executed a sale deed in favour of the pl...... in: 37 DLR (AD) (1985) 190. ......ents Judgment July 3, 1985. The Registration Act, 1908 (XVI of 1908), section 77 In a suit under section 77 of the Registration Act the Court is concerned only with the question as to whether the document is executed by the person by whom it is alleged to have been ex..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District 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.......e set aside and that of the District 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.......er as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......il Revision No.1500 of 1980) Judgment Shahabuddin Ahmed J.- In this appeal by special leave at the instance of a Mutwalli, removed from office under section 32 of the Waqf Ordinance, the main question is whether the revision under section 115 of the Civil Procedure Code against the Distric..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
.... by the learned Court of appeal below causing an error affecting the merit of the case and it cannot stand the scrutiny of law." Analysis of the evidence shows the plaintiff's possession of the suit land. The appellate court below considered the evidence of the plaintiff&rsq......ituted Title Suit No.134 of 1974 in the Court of Munsif, Sadar, Faridpur, for declaration title and permanent injunction restraining defendants Nos.1 and 2, respondents, from entering into the suit land comprising plot No. 1071 and 1072. 3. The suit land originally belonged to one Makhan ......Case is also Reported in: 37 DLR (AD) (1985) 177. ......lip;..Respondents Judgment March 18, 1985. 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..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......o costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......, Rangpur Bench, in Civil Revision No.121 of 1983.) Judgment Shahabuddin Ahmed J.— Tenant-defendant of an ejectment suit 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 section 25 of t..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....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. ...... had been murdered. This information he received at the school while he was appearing in his pre-test examination. He stated that there was litigation, in Fatickchari Munsif Court over a certain Wakf land between his father and the father of accused Harun. He further stated that the deceased and the......spondent 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. ......ার গাছের সঙ্গে বাধিয়া রাখে।” The accused did not explain the circumstances appearing in the evidence against him. In this view of the matter the question of producing apparels of the accused is hardly relevant. 12. Next the High Court conside..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....spondents Judgment March 24, 1985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant failed to pay rent thereof. By serving a noti......Kashem & ors.......................Respondents Judgment March 24, 1985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant fai...... Case is also Reported in: 37 DLR (AD) (1985) 164. ......ment and order dated 1-6-82 passed by the High Court Division Dhaka in Second Appeal No.9 of 1968.) Judgment Shahabuddin Ahmed J.— In this appeal by special leave the principal question is whether the decision of the lower Appellate Court, as confirmed in second appeal b..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....y restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-10-1984 from the Appellate Division by suppression of the real fact that by that time possession had already been taken after completion of the joint inventory, no contempt had been comm......e a property has been acquired for a valid public purpose under section 44 of the Ordinance, the Civil Court has not jurisdiction to question its validity…………..(8) Once it is held that the land has been requisitioned validity for a public purpose and section 44 barring the jurisdiction of......ners Vs. Bangladesh and others………Respondents (In Civil Petition No. 310 of 1984) Judgment November 20, 1984. Result: The petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the......sive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 of the Ordinance, the Civil Court has not jurisdiction to question its validity…………..(8) Once it is held that the land has been requisitioned valid..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......959)11 DLR (SC) 318; Md. Amir Khan Vs. Controller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. Governor, Delhi AIR 1980 (SC) 674; De Lasala Vs. De Lasala (1979) 2 All England Reports 1146 (1115). Lawyers Involved: Syed Ishtiaq Ahmed and Rafiqul Hoque, Senior Advoc......ain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......arty to the judgment concerned having applied for such review; (2) if it has power, whether on merits the judgment in Civil Appeal Nos. 63-65 of 1982 should be reviewed. 10. As regards the first question about the power to review its judgment suo motu Mr. K. A. Bakr, Counsel for the Water and P..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ge Bara Char Kazal which is about four miles from the village Choto Char Kazal. Rahela died about six years ago whereupon Rahim Farazi and his son P.W.1 Ismail Farazi inherited her 1½ kanis land. On 14 December 1978 accused Sattar Mir (he is not among the appellants here) went to the......ion that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ...... (From the judgment and order dated 20 January 1983 passed by the High Court Division, Jessore Bench in Criminal Appeal No. 34 of 1982.) Judgment Shahabuddin Ahmed J. — The question raised in this appeal is whether there is any circumstantial evidence to corroborate ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....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. ......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. ......ia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......e created a Special Court for trying special offence with a special procedure. 8. In the case of Nil Ratan Sircar vs. Laksmi Narayan AIR 1965 (SC) 1. The Indian Supreme Court considered the question of the Magistrate issuing search warrants under the Foreign Exchange Regulation Act (..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
.... transferee company and the mortgagor sold their right, title and interest in the mortgaged property to the plaintiff-Bank, on 28 August, 1935 for Tk.1,25,000/-. The plaintiff Bank which was put in possession of the properties invested further sums of money thereon. Defendant Hill Top Tea Compan......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......he amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......the defendant company. 12. Whatever little discrepancies were introduced, they did not obliterate the broad fact of the advance of the loan amount by the plaintiff Bank, that being the main question for determination in this appeal, these discrepencies may even be due to chaotic position..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. ......ember, 1984. "Fresh from licence granted in lieu of expired licence No. 3 (35)/626 dt. 8.9.82 (Article No. 9 Schedule) Licence for the Transport of Petroleum in Bulk by land No. 3(35)/657. Name of Vehicle -------BEDFORD Registration ------------D......ellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be...... Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination before the Trial Court is whether there has been any violation of condit..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......Abul Hossain who however died before deposing in Court. It was alleged that Abul Hossain and his brothers wanted to use a public pathway leading to Gaibandha Town. This path however ran through the land of the accused Joynal Abedin, who all along protested and even tried to obstruct the complaina......of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......Discrepancy in the evidence Discrepancy in the evidence of the eye-witnesses and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but the Court can prefer the evidence of the eye-witness if there be no reasonable ground..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....dent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt of TK. 40,000/- as earnest money executed a deed of agreement on December 29, 1970 and that on that very day delivered possession to the respondent No. 1 4. Further averment was that respondent No.1 obtained permiss......ilding in the said plot as well as to sell and transfer or otherwise dispose of the said property. Mr. Wali Mohammad through his attorney Abdur Rahman entered into a contract to sell the said plot of land to the respondent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt o....... 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... Dhaka rejecting the prayer for releasing the aforesaid property from the list of abandoned buildings as published in the Bangladesh Gazette dated September 23, 1986. The list wherein the property in question has been listed as abandoned property was prepared as per provision of Ordinance No. 54 of ..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......f the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... the respondents that the writ petition so filed was not maintainable and that a writ petition of mandamus does not lie against the respondents and the writ petition so filed involves disputed question of facts and, as such, not maintainable. 12. It is seen from the judgment of the H..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......er House Building Corporation Act, 1952 was created for the purpose of providing financial facilities for construction of houses in 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 memb......asis and in such manner as the Income-tax Officer may determine." ......income-tax on any income, profits or gains which has not been actually received by it. 12. The conflicting stands taken by the appellant and the Income-tax department seem to veer round the question whether the appellant was entitled to maintain account in mercantile method but submit inc..Category: Fiscal/Taxation Law | Date: | Hits: 102
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