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Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....t Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish hat and bazaar and to fix days of their sittings. The Court has no autho...... newly established hat was the only logical thing that should have followed the forfeiture. However, since the local authority's action under Ordinance No. 19/1959 as amended Act 12/67 had not been called in question at the right moment, and the Salimabad hat is running under management of the Gov......of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defendant claimed the right to sit on Tuesdays and Fridays of the week. The trial Court decreed the suit and this was affirmed by the Appellate Court. On revision the High Cour......DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
.... Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......mises and was a defaulter are finding of facts. As for the third point, namely, whether the agreement is void Mr. Khondker argued that the learned Single Judge erred in law in holding so. 8. The trial court had found that the tenant was a defaulter the revisional court came to the finding that ......dul Latif & another. ……………………………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreeme..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....rt Division, Rangpur (Mr. Justice Mustafa Kamal and Mr. Justice Muhammad Abdul Wahab) on 28th November 1984, convicting the appellant or contempt of Court and sentencing him to suffer simple imprisonment for 7 days and to pay a fine of Tk. 1000/- and in default, simple imprisonment for 3 days mo......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......llate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rahman J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of Court “..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... The General Clauses Act, 1896, “District Judge” Interpretation of Statutes District Judge as used in Article 29(4) of the Local Government (Union Parishad) Ordinance does not mean persona designate that is, his private or personal capacity but clearly indicates his office, that is,......nance, 1983 (Ordinance No. LI of 1983) the hearing of an election petition was governed under the following provisions: "26. Election petitions.- (1) No election under this Ordinance shall be called in question except by an election petition under sub-section (2). (2) Any candidate ma......te. (3) An election petition shall be presented, in such manner as may be prescribed to the Election Tribunal appointed under section 27. 27. Appointment of Tribunal.- (1) for the trial of election petitions, the Election Commission shall, by notification in the official Gaz......unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ntiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declaration that the plaintiff is the only son of late Amir Ali Mia, Mutwalli of Salamat Mia Wakf Estate of Rajshahi and as such was eligible......ing their infancy. His second wife was a tribal lady from Siliguri named Zohura Khatun who had no issue and as such she with the permission of her husband Amir Ali Mia adopted a son of a prostitute called Baramoni of Natore. The plaintiff stated that this adopted son is defendant Khorshed Alam ......ng defendant Khorshed Alam was born in 1933. On Monowara’s death in 1935 Amir Ali married Zohura Khatun in 1935 who later died in 1966. On the averments stated above the suit was brought out. The trial Court as well as the appellant Courts below discarded the defence case and decreed the suit....... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....igh Court Division, Comilla Bench in Second Appeal No. 394 of 1967. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the s......ce of the Appellant, so as to affect his interests. In that case the question was whether the respondents are entitled to recover possession from the appellant for four annas share in a village called Chipabad. The Privy Council considered that the appellant was no party to the proceeding as h......nd others…………………………….Respondents Judgment January 15, 1986. The Civil Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged t......te Division (Civil) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Ismail Ullah, being dead his heirs Bazidullah and others……….Appellants Vs. Sukumar Chandra Das and others………………………..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....Fazle Mnnim CJ.- This appeal arises from Second Appeal No. 45 of 1963 decided by a Single Judge of the High Court Division (Mr. Justice M.H. Rahman) on 16th February 1982. 2. Appellants' predecessor instituted Other Suit No. 74 of 1960 in the court of Munsif 2nd Court, Sadar, Chittagong, for a ......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......be dismissed. 5. Trial court dismissed the suit First appellate Court allowed the appeal in part (O.S Appeal No. 387 of 1961) holding that the sale was without jurisdiction and void but that the trial Court's finding of possession In favour of the respondent was right. Defendant preferred Sec...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....…………(21) Child’s welfare is of paramount importance in appointing guardian. Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for a...... Respondent No. 1 and his wife respondent No. 2 filed a written objection denying allegations made in the aforesaid application. It was stated that the boy has been suffering from severe ailments called ‘Hirshtring'. Steps were taken to take the boy to U.K. where he might require operation. We......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......D 1954 Lah 704, Ali Akbar Vs. Most. Kaniz Maryam, (1956) 8 DLR Lah 43, Most. Sultana Begum Vs. Muhammad Shafi, (19,65) 17 DLR Kar 119 Mst. Munawar Jan Vs. Master Muhammad Afsar Khan, PLD 1962 Lah 142 and Rahimullah Chowdhury Vs. Mrs. Sayeda Helali Begum, (1968) 20 DLR 1 SC. Lawyers Involved: ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....Subordinate Judge, Noakhali. 2. The suit Hand is a Chandina-bhiti with a construction thereon in Maijdee town. One Gagan Ali was admittedly its owner in possession. In fact he had only the possessor right therein. Case of the plaintiff-appellant is that Gagan Ali sold the premises to him by a r......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......lication, remanded the appeal to the Subordinate Judge for rehearing. Thus after re-hearing the appeal the learned Subordinate Judge by his judgment dated 24-4-83 allowed the appeal, reversed the trial Court's judgment and decreed the suit finding, among other things, that the plaintiff got ti......tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....he case of defendants No. 2-3 was that they took; pattan of 3 acres of land out of the suit Dag No. 327I and they are in possession on payment of Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since he was not in possession his prayer w......n of law. 10. In M. H. Khanddkar Vs. Bangladesh 30 DLR (SC) 1 this Court explained the meaning of 'raiyat' and "tenant" and it was pointed out that a tenant of an agricultural holding is generally called 'raiyat’. Further it was observed that the main object of the State Acquisition and Tenancy......f Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since he was not in possession his prayer was not granted by the Government. 4. The trial court came to the finding that the plaintiff was in possession of the suit land from 1940. The...... Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, f..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....he appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of a......ated above, in its managing committee which consists of members elected by the general body of members. The Registrar got power to dissolve the managing committee and appoint a committee which may be called Ad-hoc committee, for a specified period, to carry on and discharge the function of the soc......y court. He preferred an-appeal (Title Appeal No. 11 of 1977), but the appeal was dismissed by the learned Subordinate Judge, by his judgment dated 21 January 1980 concurring with the findings of the trial Court that he was not a government servant. He then moved the High Court Division with a revis......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....s not of much importance or his evidence will make unnecessary addition to the evidence already adduced. Sometimes, a witness is tendered by the prosecution out of a motive and not examined least something undesirable to the prosecution should come out of his lips………………..(7) Proce...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......Sometimes, a witness is tendered by the prosecution out of a motive and not examined least something undesirable to the prosecution should come out of his lips………………..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be tried......6) 75. ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....f its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the aforesaid case was decreed on compromise. Mr. A. Sattar, Chairman of the respondent Company, who is an educated person swore the affidavit stating that "the statements made in the annexed petition of compromise are ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......ts; and (d) any other relief or relieves the plaintiff is entitled to under the law and equity." 11. According to him, the learned Judges should not have, therefore, reversed the order of the trial Court staying the proceedings of Title Suit No. 193 of 1981. It appears from the following obs......8), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....l tax u/s. 18A of the Income Tax Act fresh notice is necessary because of the fact that the mode of levying of tax u/s. 23(3) and u/s. 18A are completely different. The principle of natural justice also demand that while levying additional tax u/s. 18A (6) and (8) of the Income Tax Act notices are......is determined under section 23. Assessment may be made (i) on the basis of the return, (ii) on the basis of the evidence adduced and (iii) to the best of the Income Tax Officer's judgment, which is called best judgment assessment. The Privy Council pointed out in Badridas Daga V. Commissioner of I......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....e Syed Ahmed Patwary, a public servant, dead, since then, were convicted by the Special Judge on 2 July 1969 under sections 466, 466/109, 471 and 120B of the Penal Code and sentenced to rigorous imprisonment for three years and also to floe of Tk. 1000/-, in default, to rigorous imprisonment for six...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......…………(5) The offence committed by the accused appellants is not an offence within the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both ......-Record—For the Appellant (in Criminal Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Divisio..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....nd Secretary respectively of the Shafiq Press Karmachari O-Sramik Bahumukhi Samabay Samity Ltd. This Co-operative Society was formed by the employees of the said Press. On 4th July 1977 the Press was sold to the Samity which is being managed and run by the said Samity. Respondent filed a petition of......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......bearable but injurious to the health of the inmates of the house. Appellants did not also take any trade licence for installing and running the heavy machineries in the area which was not an industrial area. Having failed to stop the nuisance and being indignant at the unauthorised running of th...... Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, 1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respondent no. 1 and as such the appellant is entitled to the decree sought for it………(32) Cases Referred to- Abdul Rauf and others Vs. Abdul Hamid Khan and o......ust be given to the owner of such property to legally defend its right to property, which, it is essential to remember, comes only next to right to life and liberty. These principles are, it may be recalled, are enshrined in our Constitution. 27. So far as cancellation of the licence, Ext. 6, is ......vely preferred First Appeal Nos. 16 and 17 of 1983 before the High Court Division. The learned Judges of the High Court Division, Chittagong Bench who heard the appeals allowed them and set aside the trial Court's decree. 18. Appellant firm being aggrieved moved this Court and obtained special le......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
.... conviction of the petitioners under section 379 of the Penal Code. They were sentenced to suffer R.I for 3 months and to pay a fine of Tk.500/00, in default, to suffer 15 days of further simple imprisonment with a direction that the fine, if realised, half of the amount be paid to the complainant. ......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......days of further simple imprisonment with a direction that the fine, if realised, half of the amount be paid to the complainant. 2. Various allegations were made against the accused appellants. The trial court, however, did not find them guilty of offences under sections 147 and 323 Cr.P.C. The tr......ction 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court disposes the Appeal on compromise and a..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....e within hearing the same on merit. 2. Facts are as follows: Petitioner, along with another, were tried and convicted under section 365/342 B.P.C and they were sentenced to 3 years rigorous imprisonment and to pay a fine of Tk. 1000/-in default to undergo rigorous imprisonment for further 5 mon......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......at he used to reside in the house of the co accused Golam Mostafa while prosecuting his studies in the University, he had been falsely implicated and he took the plea of alibi by as well. 4. The trial court convicted and sentenced the accused as aforesaid; thereafter two criminal appeals were......allenging the order of conviction cannot be disposed of only in respect of the period of sentence even on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....Company Judge in Matter No.3 of 1982. 2. Respondents filed an application for winding up the petitioner No. 1 Company under section 162 of the Companies Act and in the same self application they also prayed for rectification of the share register under section 38 of the Act. 3. The company was......d the Articles of Association of the Company. The heirs of M. A. Jalil and Mr. Yusufuddin Mia having 50% of the total shares were not represented in the Board nor any meeting of the share-holders was called to fill up the vacancies caused by the death of M.A. Jalil and Yusufuddin Mia nor any dividen...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......st 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same peti..Category: Company Law | Date: | Hits: 195
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