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Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....qf Ordinance cannot be challenged in appeal or revision…….(7) Though the word 'Official mutawalli’ has been used in 'singular', yet this expression includes its plural also under the General Clauses Act. So instead of one person being appointed Official mutawalli, a Co......) The order of the Administrator under section 44 has not been challenged as arbitrary or capricious. This being an innocuous order for the benefit of the waqf estate no interference is called for……..(8) Lawyers Involved: S.M Hussain, Senior Advocat......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. ......J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinanc..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after the transfer; deposit i......h rent becomes due or from the expiry of the time within which such rent is required to be paid under subsection (5) of section 18." From the facts as stated above we do not find anything which called for invoking the provision of sub-section (2) of section 19. The transfer was made under a re......ses was served through a lawyer by the plaintiffs claiming to be the purchasers of the premises, they made the plaintiffs parties to the Rent Deposit Case. As such they are not defaulters. 4. The trial Court held that the deposit of rent for the months of Poush, Magh and Falgoon 1381 B.S. (rough......ndents Judgment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit p..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
..........................................Respondent Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a tenant unless such pe......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......epted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correct view that the appellate Court below had dr......man & ors......................................Respondent Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a ten..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....lants Vs. Hajera Khatun and others................................ Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but a...... 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. ......ss Suit No. 28 of 1962 for permanent injunction in the Court of Munsif, Kishoreganj. The suit was decreed. On appeal by the defendants the appellate Court below set aside the judgment and decree of trial Court and allowed the appeal. While the trial Court found the plaintiffs' possession the appel......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..Category: Civil Law | Date: | Hits: 114
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....heir written statement defendant-respondent Nos. 3 and 4 made a counter-claim amounting to Tk. 18,76,000/- against the plaintiff appellant on account of production loss and salary of expatriate personnel in delaying the discharge of cargo. On the grounds that no permission was taken for filing t......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......f unascertained counterclaim and that the amount of counter-claim is greater than the claim made in the plaint, plaintiff-appellant prayed that the counterclaim should be disallowed. The trial court, however, passed orders entertaining the counter-claim as an equitable set-off in ......ited Shipping Corporation Limited……….............Appellant Vs. W. H. Bennett and ors..............................…..Respondents Judgment August 10, 198..Category: Civil Law | Date: | Hits: 95
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... 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 actual acquisition. The valuat......e valuation at Tk. 30,000/- per acre is found to have met the ends of justice, fairness and equity in this case in the circumstances as shown above. We therefore do not think that any interference is called for. Substantial justice is found to have been done to both the parties. In the circumsta...... 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. ......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..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... January 1, J984. The Evidence Act, 1872 (I of 1872), Sections 67 and 68 The Succession Act, 1925 (39 of 1925), Section 63 The very fact of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of anothe......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. ......p; Shahabuddin Ahmed J.- In this appeal by special leave the question is whether the High Court Division was well founded in law and fact in reversing the trial Court's order granting probate of a Will on the ground that execution of the will was not pro...... 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. ..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
....The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order under this Code or the Court from which the business was so transferred.” However, the transferee court must have jurisdiction to adjudicate upon the ...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... December 4, 1983. The Civil Procedure Code, 1908 (V of 1908), Section 150 Consequence of Transfer of Business of Court The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order under t..Category: Others | Date: | Hits: 93
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....as convicted by Mr. M.A. Chowdhury, Special Judge, Dhaka under sections 218, 266 and 477A of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for one year and a fine of Tk. 1000/-, in default, to further rigorous imprisonment for thr......s going to be directly opposed to the first report the petitioner should have taken due care to get the order of the superior officer in writing the circumstances in which a fresh report was being called for. Also petitioner himself did not state in the second report the reasons justifying his o......in cyclone hit area in Noakhali he could not cancel the first post mortem report in time. Prosecution witnesses were examined. No witness was examined on behalf of the Defence. The trial court convicted and sentenced the petitioner on materials on record and mainly on the evidenc...... Judgment October 19, 1983. Criminal Trial PM Examination Report In discharging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another......................................Appellants Vs. Sonali......ease to have effect on such commencement and all abandoned properties in custody of any Court, receiver, guardian or other person or persons appointed by it, shall upon delivery of the same being called for by the Government, be delivered to the Government." From these pr......ested in the Government. There is also the express bar in the provisions of Article 14 of the Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972, P.O. No. 16 of 1972. The trial court as well as the High Court Division ought to have taken judicial notice of such provisio..............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..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certai......over, etc. of abandoned property not to be challenged, etc.— (1) Save as provided in, the President's Order, no such taking over or vesting of property as is referred to in paragraph 4 shall be called in question on any ground whatsoever before any authority or in any Court; nor shall any su......xercised its authority under the provisions of Article 10 of the aforesaid Order before the order of cancellation of the contract for sale was passed by the Government. In such circumstances, the trial court acting suo motu has no power to pass the impugned order. 6. The learned Counsel also......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..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....of 1981 the appellant was found guilty 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......ey-General (Criminal), both of whom have categorically submitted that the General Manager in the facts and circumstances of the case, was guilty of willful disobedience and gross negligence which called for exemplary punishment." 11. Next, in the opinion of the learned Judges, the appell...... petition is heard by this Court. The other three Trawlers, namely, (1) HUANG CHAINAVEE—1(BT—24), (2) DAUNG KAMOL (BT-11), (3) BAVOR CHAINAVEE—2 (BT—16) under attachment by order of trial court dated 24.9.80 is hereby released and they be immediately released on telegraphic communi......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..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ible 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 reason for appointment of a receiver in the present case, particularly when the courts belo......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......nging the nature of the schedule properties and the other was filed under Order 40, rule 1 of the Civil Procedure Code for appointment of receiver. 3. In the application for injunction the trial court passed an order directing the parties to maintain status quo which order was made absol......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 ..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....title and possession of the entire premises by purchase from Mrs. Amirunnessa—a fact about which there is no dispute. The appellant has been paying rent to the new landlords, but the landlords have sought ejectment for re-building and re-construction of the entire building according to the D.I.T...... 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. ......an approved plan of the Dhaka Improvement Trust. He is now challenging the High Court Division's order, in Civil Revision No. 1161 of 1982, refusing to interfere with the concurrent decision of the trial Court and the lower Appellate Court which decreed the suit for ejectment; the ground taken by ......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..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....;…….....................……Respondents Judgment October 19, 1983. Sections 263 and 264 of the Code of Criminal Procedure do not contemplate that reasoning should be given in case of acquittal. However, it is highly desirable that the Magistrate pa......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......sections 427/147 B.P.C. Originally there were 9 accused persons and the appellant compromised with 5 of them and the rest of the accused respondents pleaded not guilty to the charge and during the trial 5 witnesses were examined by the complainant. The complainant in his evidence gave the g..................Appellant Vs. Asgar Ali & ors……….....................……Respondents Judgment October 19, 1983. Sections 263 and 264 of the Code of Criminal Procedure do not contemplate that reasoning should be given in case..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....ourt of Munsif, Sadar, Rajshahi for declaration of their title to the suit land. Their case is that the suit land previously belonged to Nafar Roy who after possessing the suit land died leaving 2 sons, Basu and Suvia Roy who being in possession of the suit land sold it to one Felu Mondal by reg......ed to the case of Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others 28 DLR 159 (AD). In this case a Bench of the High Court Division discharged the rule as no one appeared when it was called for hearing. Subsequently an application for restoration was filed by the learned Advocate ......appellant-petitioners at the time of the hearing of the rule before the High Court Division. The learned Single Judge however entered into the merits of the case, discussed the judgment of the trial court as well as that of the lower appellate court and held that the lower appellate cou...... 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......Category: Property Law | Date: | Hits: 30
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ection of rights under section 143A of the State Acquisition and Tenancy Act. The case of respondent No. 1 was that the case land originally belonged to Anath Bandhu Guha who died leaving four sons, namely, Akhil Bandhu Guha, Amar Bandhu Guha, Anil Bandhu Guha and Aghar Bandhu Guha as heirs......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ubordinate Judge and obtained Rules. A Single Judge of the High Court Division by the impugned judgment and order reversed the decisions of the lower Appellate Court and restored those of the trial Court, holding, inter alia, that section 143A of the State Acquisition and Tenancy Act is mea....................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials fo..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....bsp; Fazle Munim CJ.- This appeal arises from Second Appeal No. 532 of 1970 passed by the High Court Division dated 26th April, 1982. 2. One Keramat Ali Sowdagar, predecessor of respondents 1(a) to 1(e) instituted a Redemption Suit No. 16 of 1965 in the 1st Court of Mun......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......y;chase by the kabala and adverse possession for over the period of limitation the mortgage had been extinguished and, therefore, the plaintiff had got no right of redemption. 4. The trial court decreed the suit. Defendant No. 1 preferred other Appeal No. 385 of 1968 before th......, being dead his heirs: Siddique Ahmed & others..............Respondents Judgment May 31, 1983. The usufructuary mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit lan..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....use against charges of negligence of duties and insubordination vides Memo. No. 1457 dated 21-6-78. Plaintiff-respondent showed cause on June 24, 1978. On June 24, 1978 plaintiff- respondent also sent a reply in writing to the letter of defendant No. 5 to open the godown failing which t......eply. The enquiry officer asked him to be present at the godown for a physical verification in his presence. He, of course, did not appear. On July 14, 1978 his controlling officer called for explanation for misappropriating fertilizer worth Tk. 32,115.85 and other charges. ......sappropriation, breach of trust, insubordination, negligence of duties and misconduct. On the basis of the enquiry report he was dismissed from service on October 5, 1978. 5. The trial court decreed the suit on February 16, 1981. On appeal, being Title Appeal No. 56 of 198......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... a naraji-petition, which was subsequently withdrawn. Thereafter, one Khorshed Alam, who was cited as a witness in the First Information Report, filed a fresh complaint against the same accused persons on the same allegation. C.R. Case No. 299(1) 82 under various sections of the Penal Code includ......ce Regulations of Bengal a distinction has been made between these two words- “charge sheet and final report”. The report containing recommendation by the police for prosecution of the accused is called charge sheet while the recommendation by the police for release of the accused is called fina......auses (a) and (b) A Magistrate is not bound to accept the police final report and discharge the accused. If from the materials or record, the Magistrate finds materials for putting the accused on trial, he may take cognizance under section 190 (b) of the Code of Criminal Procedure. The Code ...... 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..Category: Criminal Law | Date: | Hits: 79
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