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Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....e Civil Procedure Code, 1908 (V of 1908), section 100 Adverse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existenc......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......The defendant contested the suit by filing written statement and he mainly based his claim on adverse possession since 1357 B.S. and contended that the suit is barred by limitation as well. 4. The trial court decreed the suit. It was noticed that Ext.D is a Bhara agreement and it mentions sub-let...... Supreme Court Appellate Division (Civil) Present: FKMAMunim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors............Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....d apprehending danger and mischief, the complaint’s nephew, deceased Md. Harun went to Fatickchari Thana at about 9 A.M. to make a G.D. entry in respect of unlawful activities of the accused persons. On his way back home when Harun reached the south-eastern side of the office of the Circle Off......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......s been described. So, it could not be said that the proceeding against the Respondents will be an abuse of the process of the Court. The Appeal is allowed. The order of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. ………..(14) Cases Referred to- A......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Farruk Ahmed...................Appellant Vs. Abdul Kader Chowdhury and others.…………………Respondents Judgment July 10, 1985. Result: The Appeal ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....lared on 7th of June 1984, he is not authorized to exercise his right of appeal granted under section 4 of the Amending Ordinance (per Fazle Munim CJ)………….(10) In an ejection matter the person against whom specific allegation of mal-practices has been brought must be prompt in denying the......eard and taking such evidences as may be produced before it, make such orders as it may think fit. (3) The decision of the Election Tribunal on an ejection petition shall be final and shall not be called in question in or before any court". After amendment. "29. Trial of election petitions......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......car, Advocate instructed by Wahidullah, Advocate-on-Record— For the Respondent No. 3. Not represented—For the Respondent Nos. 1-2 & 4. Civil Appeal No. 34 of 1985. From the Judgment and Order dated 4.3.85 passed by the High Court Division, Dhaka in writ petition No. 20 of 1985. ..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....(IX) of 1965-66. As such the respondent was no longer a co-sharer in the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the l......n the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil Office. The local Assistant Tahshilder O.P.W. 2. prove......t-receipts by which the respondent paid rents accordingly with the full knowledge of the mutation case. The appellants contended that the respondent withheld the original rent receipts at the time of trial falsely alleging that he did not pay any rent after the preparation of the revisional record......se is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....udgment of the High Court Division in Second Appeal No. 974 of 1967. Leave was granted to consider the question whether the view of the Appellate Court below that the bonafide requirement of the lessor would be fulfilled if only one room is spared and whether the adjustment of taxes which were pai....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......ingh, which the respondent claimed to have purchased by registered kabala dated 29.7.63. In the case of Nurul Islam, the decree was passed and he had been ejected. Now in the case of Esarunnessa, the trial Court found that the tenant had defaulted in paying rent to the respondent and further the res......n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....ber, 1951. The plaintiff was liable to pay rent to Modhusudan Shaha on account of the lease at the rate of 4 annas per annum and, by another deed of sale executed on the same date. Modhusudan Saha sold his right to receive the aforesaid rent to the plaintiff for a sum of Rs. 40/- only and thus t......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......it was decreed by the learned Subordinate Judge; Dacca who tried the same but, on appeal by the defendant-respondents, the learned Judges of the High Court set aside the judgment and decree of the trial Court and dismissed the suit. Thereafter the plaintiff filed a petition for special leave to ......rder as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....tan in the income-tax Act, 1922 (hereinafter referred to as the Act) by Act No. 16 of 1963. The writ petitions which succeeded before the High Court were disposed of by a single judgment. We are also disposing of these appeals by this one judgment. Civil Appeal No. 22-D of 1969 arises out of w......hat what was intended by the legislature to provide for in section 45A was not tax simplicitor but penalty for failure to pay tax assessed under sections 3 and 55 on or before the date an assessee is called upon to pay the same, since such a penalty falls within the definition of tax under subsect......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....eniority, which they had under the Stuff Circular of 1960, was without jurisdiction and of no legal effect, and pass an order canceling the said circular and the seniority list prepared thereunder in so far as they affect their seniority. Against the aforesaid judgment the appellants obtained specia......3 which contained the decisions that separate seniority list for the clerical staff would continue to be maintained by the respective officers and both clerks Grade-I and Grade-II would ordinarily be called upon to serve in one specified place that the cadre of Officers Class II was converted. into ......ration that he occupied the same position with the some privileges and benefits as if he had been appointed as a Subordinate Judge prior to those who had superseded him and for other reliefs. The trial Court passed a decree in favour of the plaintiff upon the finding that" "that the High Cour......esent: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....stwhile High Court of East Pakistan dismissing an application filed under Article 98 of the Constitution of Pakistan of 1962 by the appellants challenging the legality of an order of requisition of some plots including plot Nos. 732, 733, 734, 694 and 737 of Mouza Shahar Khilgaon, P. S. Tejgaon ...... proposal of the requiring body by the Government considered it necessary to seek approval of the Government before passing an order of release of the same, it does not appear how that discretion called for interference by the High Court and how the High Court could pass an order of release unde...... to the High Court making the reaming plaintiff a respondent to the appeal. The High Court at the time of hearing made that plaintiff an appellant instead of a respondent, set aside the decree of the trial Court remanded the case to that Court for decisions whether Mst. Ali Begum should be Mutwalli ......der as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....ss, another Bench had issued a Rule on 22-7-74 calling upon the appellant to show cause within seven days as to why an order should not be made directing that the detenu be brought before the Court so that it may satisfy itself that he is not being detained without lawful authority or in an unla...... of the orders passed by the said Municipal Corporation in so far as they were said to have affected the terms and conditions of his services adversely. In the said case the learned Judges were not called upon and, in fact, they did not express any opinion as to whether the power of the High Cou......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......retary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Meh..Category: Criminal Law | Date: | Hits: 85
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....l breach of trust in respect of a sum of Rs. 915/- during the period when he held office as Chairman and was convicted under section 409 of the Penal Code and sentenced to suffer rigorous imprisonment for three years and also to pay a line of Rs. 1000/- in default to suffer rigorous impri&s......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......n order of a Magistrate of the First Class. The contention relating to the competency of the Police Officer, who investigated the case against the petitioner, was not raised either before the trial Court or before the High Court and since this contention, as formulated. By Mr. Abdul Hamid, ...... by B. Hossain, Advocate-on-Record.—For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court of East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 196..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....the order of commitment of the appellant to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Begum along with three persons, namely, Sadhan Kumar Mali, Surid Chandra Das alias Suresh Chandra Das and Nagar Bashi Mali we......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......ting summarily an application filed by the appellant under section 215 of the Code of Criminal Procedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Be......M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....gle judgment of erstwhile High Court of East Pakistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 and......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......peal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 and 307/34 of the Penal Code, and Criminal Appeal No. 3 of 1973 wa......late Division (Criminal) A. M. Sayem CJ Syed A. B. Mahmud Husain J Abdullah Jabir J Abdul Matin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others ……….....Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....tion of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Article 10 of P.O. 50 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bail to persons convicted of offences under the two Orders. The provision of Article 10 of P.O. 50 is as fol......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......4 is as follows: "The provisions of the Code, in so far as they are not inconsistent with the provisions of this Order, shall apply to all matters connected with, arising from or consequent upon a trial by a Special Tribunal or a Special Magistrate." Article 12 of P.O. 50 is as follows:— ...... 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But before the poll, Dr. Shafiqur Rahman dies of an accident on 3-12-73 leaving behind Mr. Md. Abdullah as the sole surviving candidate. Thereupon on 10-12-73 Mr. Abdullah Was declared elected Chairman of the ......ntent under Rule 20A, election should have been stopped when there was only one candidate in the field after the unfortunate death of Dr. Shafiqur Rahman and fresh nomination papers should have been called for to enable the electorates to exercise their right of franchise by casting their votes for......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......l) Present: A M. Sayem CJ A. B. Mahmud Hussain J A. Jabir J Ahsanuddin Chowdhury J Mazharul Huq alias Mazharul Huq Chowdhury………...Appellant. Vs. The Returning Officer and Circle Officer, (Dev.) Double Moorings, Chittagong, and others ………….……Respondents ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....bdur Rahman and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by Abdur Rashid. On Thursday, the 5th ...... occurrence. Having taken meals at night they slept in the north Bhiti hut. In the early morning they came out to make water and at that moment prisoner Rashed came out from the west Bhiti hut and called their Phufu Maleka to serve him tobacco. Their Phufu served the prisoner tobacco by a Huka. ......ed to make a gift of some properties in favor of Maleka and that the prisoner had grudge against her. 5. The prosecution examines the six witnesses and the defence examines two. The learned trial judge found the prisoner guilty under section 302 of the penal Code and sentenced him to deat......sp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold th...... person is entitled to purchase by pre-emption unless— (1) he has declared his intention to assert the right immediately on receiving information of the sale. This formality is called talab-i-mowasibat—literal meaning demand of jumping; and unless, (2) ...... who proved that defendants are in actual possession of the disputed land according to their share since later part of Kartick, 1364 B.S. The Appellate Court concurred with the finding of the trial Court that the suit was barred by limitation. 9. In second appeal the learned Single J......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....espondents for establishment of their auction-purchased right and title in the suit land, for confirmation of possession in the alternative for recovery of possession from the main defendants and also for an injunction against them. The Suit land measuring 1.99 acres and comprised in C.S. Khatia......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......il design was foiled when they, defendants, got the auction-sale set aside by filing an application under section 174(3) of the Bengal Tenancy Act making the plaintiffs party thereto. 4. The trial Court dismissed the suit holding, among others, that the plaintiffs, by their auction pu...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....whom Sachindra Nath Bose, father of the plaintiffs, purchased it by a registered sale deed dated February 26, 1941. Sachindia died after about a year, in 1942, leaving the plaintiffs, his two minor sons and defendant No. 1 Rama Bose, his widow, who inherited it in equal shares under the Dayabhag......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......nbsp; Shahabuddin Ahmed J: This appeal by special leave arises from a judgment and decree of the High Court Division dated August 20, 1976 reversing the judgment and decree of the trial court and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 3......d. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....ur Rashid Chowdhury…………………Respondent Judgment September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Singh vs. M. WajidAli A.t.R. 1937 A......permits or requires to be made before it by witnesses, the relation to matters of fact under inquiry; (2) all documents produced for the inspection of the Court; such documents are called documentary evidence. In such a statement on oath the complainant did not make an......urt to withdraw the criminal case. In this background the G.R. Case No. 1695 of 1965 that is the defamation case by Dr. Jamshed Bakht was lodged against Ameenur Rashid Chowdhury. 6. Both the trial court and the appellate Court below found that the relationship of the complainant and the a......n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ..Category: Criminal Law | Date: | Hits: 77
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