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M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....f which the present appeal has arisen was instituted on 17th January 1975, it is not necessary to consider the allegations of default' made by the defendant-appellant for the period subsequent to the date of the institution of the suit for determining whether it was liable to eviction for default. ......r its own use and occupation. Instead of complying 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 ......zle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for recovery of khas possession of the suit premises after rejecting the defendant- appellant and fo..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....dar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants entered in to the suit land even on 30th Chaitra 1359 B.S. i.e. 13th April, 1953 A.D. the twelve years running from that date ended on 13.4.1965 A.D. and as the Civil Court was closed from 12th April, 1965 to 15ih April, ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......rd, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took deliver) of possession through court on 27th May, 1951 in execution of a decree for eviction, passed in that suit. 3. Thereafter the plaintiff possessed the suit land through ad..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....tiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back to the bainapatra dated 30.12.72 and in pursuance of which the document of the defendant was registered by the vendor.......d by subsequent amendment of the plaint he prayed for permanent injunction. 3. The trial court dismissed the suit and found that the plaintiff never had got the possession of the suit land. It was noticed that the plaintiff claimed to have purchased the suit land at a consideration of Tk. 3,000/-......ivil Revision No. 720 of 1984 reversing the concurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he pray..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....nt Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record. - For Respondent Nos. 1 and 2. Ex parte - Respondent No.3. Criminal Appeal No. 17 of 1986. (From the judgment and order dated 30.6.1985 and 15.7.1985 passed by the High Court Division Jessore Bench, in Criminal Revision ......ection 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not a ground for quashing a proceeding, for there......e allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not a ground for quashing a proceeding, for there are varied circumstances in which lodging of any information as..Category: Criminal Law | Date: | Hits: 46
....ondent Nos. 1-3.
Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Abu Backkar, Advocate-on- Record.- For Respondent No. 4.
Civil Appeal No. 20 of 1987.
(From the judgment and order dated 1-7-87 passed by the High Court Division, Chittagong Sessions, in Civil Revision Nos. 117 and ......right of the appellant which is discussed in the next paragraph.
12. It is contended that offer of respondent No.4 at Tk.2.38 crores is not valid in that it is violative of the terms of the Tender notice. By the letter dated 12-12-86 of respondent No.l 100% cash offer was invited, but offer of re......right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, accepted in violation of the conditions of the tender forum. The appellant had submitted tender on 18 December, 1986 and claimed that his tender was the h..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....rd- For the Appellant. A.W. Bhuiyan, Additional Attorney General, instructed by A. W. Mian, Advocate-on-Record- For the Respondent. Civil Appeal No. 14 of 1987. (From the Judgment and order dated 8.12.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 478 of 1986.) J......tion 4A (2) of the Emergency requisition of Property Act, 1948. After hearing the parties respondent No. 2, gave a, direction to drop .44 decimals of land by his order dated 26.1.1985, wherein it was noticed respondent No. 6 failed to furnish administrative approval as required by the authority and ...... 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………………….Respondents. ..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)
....ocate-on-Record-For the Appellants. Mahmudul Islam, Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 97 of 1985. (From the Judgment and order dated 7.7.85 passed by the High Court Division, Camilla Bench, in Civil Revision No. 12 of 1984.) ...... 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 ......s managerial or administrative in nature. He got no power to control or to supervise the work of any other person. Nature of his work does not bring him within the category of 'employer'. It is, therefore, clear that the respondent is not an’ employer' but is a ‘worker’ under the Act. The very..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....t Attorney-General, instructed by Zinnur Ahmed, Advocate-on-record.-For the Respondent. Criminal Appeal No. 27 of 1985. (From the Judgment and Order passed by the High Court Division, Rangpur, dated 12.3.84 in criminal Appeal No. 375 of 1970.) Judgment ATM Afzal J.- This appeal followin......of those 10 accused under section 364/149 Penal Code. Out of the ten (10), eight (8) are before us in this appeal. 9. Having regard to the special facts and circumstances of the case which will be noticed presently leave was granted to consider the legality an propriety of the order of conviction......ed 12 March 1984 passed by the High Court Division (Rangpur Bench) in appeal upholding the conviction and sentence of the appellants under sections 302/109 Penal Code. 2. The appellants along with forty (40) others were put on trial before the Additional Sessions Judge, Rajshahi. Forty two (42) a..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....dvocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellants (In both appeals). Ex-Parte- For Respondent Nos. 1-7 (In both the appeals). Dead. Substitution exempted vide Order dated 2.1.86 - For Respondent Nos. 8 and 9 (In both the appeals.) Civil Appeal NOS. 92 & 93 o......ari who never recognised her as tenant. Appellant’s case was that defendant No.1 was a habitual defaulter. Further, the plaintiff bonafide required the suit premises for his own business. He served notices under section 106 of the Transfer of Property Act upon both defendant Nos. 1 and 2. The tena......(A.T.M. Afzal, J.) on 12th February, 1984. 2. Plaintiffs' predecessor Abdul Aziz Bepari instituted S.C.C. Suit No.1 of 1973 in the court of Small Causes Court Judge-cum-Munsif, 1st Court, Chandpur for eviction of defendant- respondent Nos. 1 and 2 from the suit premises. Respondent Nos. 1 and 2 w..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... & 3. A.Y.Salehuzzaman, Deputy Attorney-General instructed by B. Hossain, Advocate-on- Record -For the Respondents 2 & 4. Civil Appeal No. 117 of 1983. (From the Judgement and order dated 23-5-83 passed by the High Court Division, Dhaka in F.A. No. 44 of 1981.) Judgment Badru......ion was that after vesting of the property in the custody of the Enemy Property, whether the defendant Nos. 1 and 3 could execute a kabala as heirs of Hemnalini. 9. The High Court Division further noticed that though assistant custodian did not challenge the decree by himself whether in view of t......mergency Provisions) (Repeal) (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 c..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....hbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Appellants. Ex parte- The Respondents. Civil Appeal No. 32 of 1986 (From the Judgement and order dated 20th April, 1986 passed by the High Court Division, Rangpur Bench in Civil Order No. 250 of 19...... Vs. Mohammad Mustafa Hossain and others ...................Respondents Judgement April 8, 1987. The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Cod......ers ...................Respondents Judgement April 8, 1987. The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as prov..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....t No. 1. B. Hossain, Advocate-on-Record - For Respondent No.2. Abdul Wadud Bhuiyan, Additional Attorney General. -Amicus curiae. Civil appeal No. 3 of 1987. (From the Judgement and order dated 28.9.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 141 of 1986.) J....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......isqualified from holding the office and the Court in its extraordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla ..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....te -on-Record-For the Appellant S. R. Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Civil Appeal No. 68 of 1986. (From the Judgment and order dated 4.5.86 passed by the High Court Division, Sylhet, in Civil Revision No. 116 of 1982.) Judgm......iff’s case was that the defendant was a tenant in the suit premises since 1966 at a rental of Tk. 25/- per month. He defaulted in paying rent since July, 1976 and accordingly the plaintiff served a notice on 5.3.77 terminating the tenancy under section 106 of the T.P.Act and to vacate the premises...... 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 case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties. Consideri..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....ted 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 Revision Case ......g of ballots in a proper case. Indeed, it is too late in the day to take exception to such jurisdiction of the Election Tribunal after all the pronouncements made by this court which have been noticed by the Appellate Tribunal and the High Court Division. Mr. Khan does not also seriously di......lection Tribunal), confirmed in appeal, declaring the election of the petitioner void and further declaring respondent No. 1 as Chairman of the said Union Parishad. 2. Chairman election for the aforesaid Union Parishad was held on 7.1.84 Appellant secured 4263 votes and his nearest r..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....id, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No. 18 of 1985. (From the judgement dated 2-8-83 passed by the High Court Division, Jessore Bench in Second Appeal No. 280 of 197......aid findings of the learned Munsif and dismissed the suit. Plaintiff being aggrieved by the appellate decree preferred second appeal No. 280 of 1978 before the High Court Division. As already noticed the learned Judge of the High Court Division by the impugned Judgment set aside the judgmen...... plaintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the plaintiff was constrained to file this suit for declaration of title and khas possessions. 3. Defendant-1 Appellant contested the suit ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....te with him) Sayed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos. 10 & 11. Ex Parte—the Respondent Nos. 2—9. Civil Appeal No. 113 of 1983. (From the judgment and order dated 15th March, 1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 26 (C...... numerous decisions that had been given on the enemy property; it is unfortunate that the courts below did not apply the law in the facts of this case. Long line of decisions are to the effect that a notice must be served upon this person who is allegedly in unlawful possession of the enemy property......xpressed in the judgment by my learned brother MH Rahman J. 2. Facts are 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 collusi..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....r the Respondent No. 1. Dead—Respondent Nos. 2, 4 & 5. Ex-parte—Respondent Nos. 3 & 6. Civil Appeal No 169 of 1983 (From the judgment and decree dated 30th March, 1983 passed by the High Court Division, Dhaka Bench, in Second Appeal No. 454 of ......AD) 22 it is held that the second appellate court may reassess the evidence and come to its own finding where the appellate Court reversed the trial Court's finding of fact without taking any notice of a material document on record. 9. In the instant case defect of party was not mad......M. H. Rahman J. - This appeal by leave is at the instance of defendant Nos. 2 and 5. 2. Respondent No.1, Han Mohan Das, filed Title Suit No. 45 of 1972 in the 1st Court of Munsif, Madaripur for specific performance of the contract, the defendants alleged to have entered with him on 10th ..Category: Property Law | Date: | Hits: 50
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....te with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Civil Appeal Nos. 57 and 58 of 1986. (From the judgment and order dated 7-8-86 & 3-9-86 passed by the High Court Division, Dhaka, in Company Matter No. 27 of 19......n favour of the respondent by way of repayment of the loan but both the cheques were dishonoured. Thereafter the company denied the liability altogether, whereupon the respondent served a notice under section 162 of the Companies Act upon the company and filed the application for windin......bsp; Shahabuddin Ahmed J. - These two appeals have been preferred by a private limited company against whom a proceeding for winding up, being Company Matter No. 27 of 1986 is pending before the learned Company Jud..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the Respondent Nos. 2—6. Civil Appeal No. 17 of 1985. (From the Judgment and Order dated 4.3.84 passed by the High Court Division, Chittagong in First Appeal No. 28 of 1970.) ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......owdhury died leaving respondent Nos. 2-6 as his heirs. 2. Appellant instituted Mortgage Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against respondent Nos. 2-5 for sale of the mortgage property for realisation of mortgage dues. Permission of the Board of Reve..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....r the Appellant Abdul Malek, Senior Advocate Sharifuddin Chaklader, Advocate-on-Record.— For the Respondents. Criminal Appeal No. 36 of 1985. (From the judgment and order dated 20 June 1984 passed by the High Court Division, Rangpur Bench, in Death Reference Case No. 1......no such occurrence as alleged. On what rationale then a court of law can ignore all this and accept the evidence of P.Ws. P.Ws. 1, 2 and 5 as the whole truth and nothing but the truth ? I have noticed with dismay that the Additional Sessions Judge at least had found it possible to ignore ev......; Shahabuddin Ahmed J. - I have gone through the judgment proposed to be delivered by my learned brother, A.T.M. Afzal, J, but as I could not agree on the reasons for which acquittal of the respondents is sought to be supported I am giving my own reasons against..Category: Criminal Law | Date: | Hits: 46
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