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Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....and also of committing mischief by lire, under section 436 read with section 34 of the Penal Code. The appellate Court held that in respect of the offence under section 436, section 34 could not be properly applied rattier application of section 149 would be proper since all were found guilty und......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, 1984. The Evide......n misconceived the provision of law governing criminal revision against an order of conviction, took into consideration some inadmissible evidence and thereby misdirected himself by unjustly and illegally interfering with the order of conviction and acquitting the respondents. The learned Deputy..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....a Rani Dasi received a notice under section 92 of the State Acquisition and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as abandoned property and the Government of Bangladesh would not enter into the khas possession on the deat......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ......s. Per Badrul Haider Chowdhury J.…….......... .(9) The question of marriage of Gouri Dasi or whether Geta Rani was her “legitimate” child is irrelevant. There is no legal presumption as to maternity and it is a question of fact. Per Shahabuddin Ahmed J…&hel..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ...... Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors.............................Respondent Judgment November 17, ......ng the application for pre-emption. Had the point been determined in the negative respondent No. 1 could not have succeeded in obtaining a favourable order, from the Court allowing pre-emption. The legal position as stated by this Court in the case of Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi..Category: Property Law | Date: | Hits: 34
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the property, he is liable to render account to the Cour.......A. Gani, Advocate & ors …..............................Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody...... Apparently it transpires that the receiver appointed some persons for seeing the works without taking prior permission of the Court and he should pay out of salary against these persons. It is illegal Moreover it is apparent chat & huge work of market construction investing several lacs h..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
.... examined some witnesses, heard both the parties and by the impugned order dated 31 March 1983, appointed a Committee of five persons including the appellant to administer and manage the waqf property, under section 44 of the Waqfs Ordinance. Appellant (existing mutawalli) was made Chairman......J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinanc......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... the decree into execution being Execution Case No. 37 of 1979 and in that proceeding the plaintiffs filed the application under Order 21, rule 32 of the Code of Civil Procedure for attachment of the properties of the defendant and for civil imprisonment on the ground, inter alia, that the defenda......Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md Mohsen Ali J Kad Banu & others......................................... Appellants Vs. Hajera Khatun and others................................ Respondents Judgment December 13, 1983. The C...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..Category: Civil Law | Date: | Hits: 114
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....s carried on “in the course of the carrying out of a religious or charitable purpose of the institution.”……….(2) As per amendment of 1973 all income from any property whether business or not, if held in trust, is totally exempted from income tax. The Impug......rom income tax. The Impugned assessment being prior to the amendment, the exemption is not available to the respondent. The Decision of the High Court Division granting such exemption is set aside and that of the Tribunal refusing any exemption is restored…………..(13 an......his sub-section or prescribed in this behalf, be included in the total income of the person receiving them,— (i) Any income derived from property held under trust or other legal obligation wholly for religious or charitable purposes, and in the case of property so ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....visions of sections 23 and 24 and sub-section (2) of section 35 of the Land Acquisition Act, 1894, so far as the same can be made applicable: Provided that—(i) the market value of any immovable property for the purpose of this section shall be the weighted average value of the properties of ......XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of act...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....t of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his property by will under the Hindu Law, of his own volition and in perfect sense causes such deprivat...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....ent August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distr..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachment or sale by any officer of the Cour..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....ualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific performance of contract for sale of any property is a right relating to property. It must, therefore, receive protection in the absence of a......ant Vs. Bangladesh, represented by the Secretary, Ministry of Public Works & Urban Development …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Ri...... force. According to him, there is a distinction between such property and any property which is subject to contract for sale after the aforesaid Order came into force. In any case there is no point, legal or otherwise, in passing the order of abatement of the suit suo motu when the Government i..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....uilty by the learned Judges for not sending information regarding the escape of the Trawler to the High Court Division, Subordinate Judge, 3rd-Court, Chittagong and also for the neglect in not taking proper care of the Trawler as the custodian. Direction was issued to the learned Subordinate Judge......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh A......angladesh Appellate Division and High Court Division The High Court Division has no jurisdiction to deal with matters which lie within the jurisdiction of the Appellate Division. Legality or illegality of the order passed by the High Court Division is a mater of no consequence when it is foun..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
........Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement of rights to property. It should, therefore, be exercised only in extreme cases. Where there is not merely ......d, therefore, be exercised only in extreme cases. Where there is not merely apprehension of possible danger but the peril or danger to the property in question appears to be great and imminent, such appointment may be made………….(13) There is no ......nt Nos. 11-39. His further allegation was that since for non-payment of Government dues, four certificate cases had been started, and the need had arisen to prevent the properties from being illegally transferred, there was necessity for appointment of a receiver. 5. Written object..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... Mohammed and ors ................................Respondents Judgment August 24, 1983. The findings of the Court below that the shop room is bonafide required by the landlord, is based on proper consideration of materials on record as well as on correct interpretation of section 18. The ......Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24, 1983. The finding...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....it. 4. The defendants' case is that the suit land belonged to Nafar Roy who died leaving 2 sons, Basu and Suvia Roy, and that Basu died leaving Suvia Roy as brother who got the entire suit property along with other lands and thereafter Suvia Roy exchanged the suit properties along with h...... Appellate Division (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others..........re the Court when the case was taken up for hearing but the Court passed the order on due consideration of the facts and circumstances of the case. Passing of such order in such manner is not an illegality. Passing of such an order without hearing the appellant, if the order is otherwise legal a..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
.... "8. No action shall be maintainable to enforce any claim or lien against a vessel or her owners in respect of any damage or loss to another Vessel, her charge or freight, or any property on board her, or damage for loss of life or personal injuries suffered by any person on...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Corporation……………..............................On March 23, 1977 the guarantee was extended upto March 24, 1978. 12. On the failure of the defendant-respondents to satisfy the claims of the plaintiff-appellant, the latter served a legal notice on 30.1.77/1.2.77 (for meeting the claims). On March 12, 1977 defendant No. 5..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....tion of its officer by a plaintiff who may be aggrieved by any of their orders. Similarly sub-section 3 of section 74 of the Ordinance contemplates suits for recovery of possession of immovable property and for declaration of title. In this view we held that the learned Additional District J......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ......t, Dhaka against the defendant-appellant for a declaration that the order of his dismissal from service vide Memo No. 4E/2/78/245(50) dated 5-10-78 issued by the Additional Manager was illegal, void, inoperative and, therefore, not binding upon him and that he had been still in service..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....he order of discharge amounts to an order of acquittal with the difference that in the case of 'acquittal' fresh prosecution is totally barred and in the case of discharge, fresh prosecution is improper; that though there is no legal provision against the Magistrate taking fresh proceeding a...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Resp......ontends that exceptional circumstances must exist to justify entertainment of a second complaint after dismissal of the previous one, e.g. where the previous order of dismissal was manifestly illegal or unjust, or it caused miscarriage of justice or it was passed on incomplete record or on mis..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furthera......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....self same matter a suit was pending in the Civil Court an that Court issued an order of injunction, the learned Magistrate had no jurisdiction to pass the impugned order attaching the disputed property and appointing a receiver and as soon as the Civil Court's order granting injunction was b......premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab Miah, Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record&m......ellip;...........................Respondent Judgment November 23, 1983. The Criminal Procedure Code, 1898 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to ..Category: Criminal Law | Date: | Hits: 75
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