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Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....done by the Pourashava the Government by order dated 23.9.86 upgraded Rangpur Pourashava to Class I from Class-II. 5. An enquiry committee was set up by the Government on 10.7.87 to enquire into proper use of fund allotted for development of Rangpur Pourashava during the period of 1984-85 and 1......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am......s, ground was not laid for the exercise of power under section 135 and such exercise tantamount to colourable exercise of power. The High Court Division has correctly declared the impugned order as illegal.………………..(28, 29 & 37) Cases Referred to- N.P.T. Co. Ltd. V. N.S.T. Co. L..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....l by special leave is directed against the judgment of the High Court Division, Rangpur Bench, in Civil Revision No. 1750 of 1981. 2. Plaintiff-appellant filed a suit for partition of the ejmali properties with a prayer for purchasing the share of the stranger purchaser, defendants, in the ej......e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... The State............................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 want................Appellant vs. The State............................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to i...... the P.Ws. that Nanda Lal met his death at a different place and time and at the hands of others and the accused were falsely implicated. It was further suggested that Nanda Lai was a dealer in illegal Hundi Business, used to take huge money from others for illegal transfer and on one such o..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....g that one can trace its inception. It is, however, unnecessary to dilate upon that matter in this appeal: if by the exercise of a customary right in favour of an indefinite body of persons the properly which is the subject-matter of the profit-a-prendre is in danger of being destroyed the cus......an & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inc......claimed by villagers to lands in a neighbouring village, and belonging to different landlords, which result in precluding the land from being brought under cultivation, is unreasonable and is not legally enforceable. The decision in 7 DLR 464 is good one and it does not call for any review. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
.... husband is to be viewed by some other standard while considering the offence of murder but as in all other cases the circumstances attending the crime have to be taken notice of for inflicting the proper punishment prescribed under the law. 21. The appellant does not seem to be a hardened crim......the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by ......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
.... Kumari Barua and two daughters namely Tripura and Promilla. On Lakshmi's death his widow Kumari got life interest. Kumari died leaving daughters Tripura and Pramila who also got life interest in the property. On Tripura's death her interest devolved upon her sister Pramila for life time. Pramila ......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors.......... suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding on the plaintiff. Plaintiff is the son of Tripura. The land ori..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
.... 2(s)(i) and 3 The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (P. O. No.149 of 1972) Articles 2, 2A, 2B (2) and 3 The impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the cont......t of Bangladesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A......spondent was not a permanent resident of the territory of Bangladesh on 25th March, 1971; that he was permanently residing in London as a Pakistani citizen at the relevant time; that the property was legally declared and taken over in 1972 as an abandoned property; that respondent's mother prayed ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....d only women and minors being heirs of Hajrat Ali, brother of the plaintiff Hamed Ali. They have quite a formidable case as the documents produced by them would apparently show but unfortunately of proper legal advice in not putting the box on their behalf, their case so much so that the trial cou......der Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ......women and minors being heirs of Hajrat Ali, brother of the plaintiff Hamed Ali. They have quite a formidable case as the documents produced by them would apparently show but unfortunately of proper legal advice in not putting the box on their behalf, their case so much so that the trial court took..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....plying with the request to vacate the suit premises the appellant sub-let different portions of the suit premises to different tenants. Respondent issued a notice under section 106 of the Transfer of property Act on 1st September 1974 and on the expiry of one month therefrom respondent terminated th......dgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amou......, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence flowing therefrom cannot be averted." Evidence, as already observed, must ..Category: Tenancy Law | Date: | Hits: 109
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
...., the Court refused to quash the proceeding because delay by itself is not a ground for quashing the criminal proceeding. But when a case is made out that that prosecution has been launched from an improper motive only to harass the accused due to personal vendetta whether the Court should exercise'......40 DLR (AD) (1988) 69 ...... by the High Court Division was wrong and it was observed: "Keeping in view the well-settled principle we have no hesitation in saying that the quashing of the proceeding in this case was illegal and in view of the G.D. entry and the F.I.R. it could not be said that the proceeding agains..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right......riously. It was contended for the defendants that whether the plaintiffs tender was the highest or not and even if it were the highest but was not accepted by the authority, the plaintiff acquired no legal right which could be declared by court. The order of injunction was however sought to be defen..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....aced before the court the notice in "Form umo”. This notice is under Rule 10(1) of the Requisition of Property Rules 1948 for the purpose of ascertaining the person or persons to whom requisitioned property on release is to be restored. This notice was issued on 28.3.85. Sub-rule (2) contemplates ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………......to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancelling the order dated 20.2.85 for derequisitioning of .44 decimals of land by respondent No. 2 was passed illegally without giving any hearing to the appellant. 2. Facts are as follows:- An area of 3.80-ac..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respond......der the management and control of this Corporation and as such his service was governed by the Corporation's Employees Service Rules. The order of his dismissal as a worker under the Labour law was illegal and void. In his plaint he sought for a declaration that the order of dismissal was invalid. ..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It ......d in: 40 DLR (AD) (1988) 23. ......aragraph 4 of the East Pakistan Enemy Property (Lands and Buildings) Administration and Disposal Order the contract could be specifically performed and then answered the query by observing: “All legal right and obligations that followed from the agreement in question were snapped.” 10. Nex..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....986.) Judgment: M. H. Rahman J. - Leave was granted to consider whether the trial court erred in law in issuing a Commission for inspection and for preparation of an inventory of certain suit properties without issuing any show cause notice upon the defendent-appellants. 2. Respondent No....... 40 DLR (AD) (1988) 20 ......rim order to protect the rights of the parties or to secure the interest of justice, and direction under rule 7 of Order 39 of the Code without giving notice to the opposite party cannot be held as illegal. It was observed that the word 'may' used in rule 8 of Order 39 is only an enabling word and i..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....ound that in view of pendency of the-bill for Tk. 76,000/- and odd the appellant had pecuniary interest in the affairs of the Parishad. The writ-petition was held maintainable and the delay was found properly explained. On these materials the 'High Court Division found the appellant disqualified not......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismiss......t disqualified not only from being elected as chairman but also from holding this office and that this disqualification was a continuing disqualification. 7. Leave was granted by us to examine the legality of the impugned decision of the High Court Division, particularly its interpretation of the..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....n the landlord and the tenant that the Karmachari would come and collect the rent. This practice continued for 16 years. In the meantime the original lessor died and his son for some time managed the property and ultimately it devolved upon the plaintiff. It is the plaintiff's son who is now looking......Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this c......ever, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence flowing there from cannot be averted." 15. Now the case of M/s. A. Haque & Co. ..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....ivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/ irregularity in the conduct of the election the Tribunal found that they were not proved by proper evidence and the issue was answered in the negative. On the basis of recounting of ballots a......m) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revi......d having been transferred by the Election Commission to the Upazila Munsif, Chakaria, the judgment was delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/ irregularity in the conduct of the election the Tribunal found that they were not pr..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....and khas possessions. 3. Defendant-1 Appellant contested the suit by filing a written statement denying all the material allegations made in the plaint. His case, in short, is that the suit property originally belonged to Nabin Chandra Mondal and that he took settlement of .69 decimals of......f 1978.) Judgment: A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court Divisi......restored those of the Trial Court. 5. Leave was granted to consider the submission that the findings of fact arrived at by the lower appellate court on consideration of evidence have been illegally disturbed by the learned Judge of the High Court Division on misconstruction of &..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....on that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandr......Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea......simple. Plaintiff is the appellant. He filed the suit being Title Suit No. 264 of 1977 in the Court of Munsif, Chandpur, for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the..Category: Procedural Law | Date: | Hits: 115
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