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Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....der section 3 of the Emergency Requisition of Property Act, 1948 (hereinafter referred to as the Act) for the defendant-respondent No. 3, the Railway Board. The requisitioning authority took over possession of the suit land from the plaintiffs on 21.6.60. The suit land was requisitioned with the......24 of 1988 and upholding the judgment and decree of the lower appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respond......rsonal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ...... the decree in T.S. 36/68 could be construed to mean as such requiring fresh public notice to be served. Accordingly, the interpretation sought to Ix given by the High Court Division of the decree in question must be held to be unsustainable. Had the Courts below and the High Court Division consider..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....t it is found plainly difficult to sustain the ultimate order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the responden......the heading 'Motijheel Commercial Area' shall not be declared to have been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purchased the land measuring .70 acres with a two-storiyed residential house at holding No. 10/1 Toyenbee Circular......ase is also Reported in: 42 DLR (AD) (1990) 86. ......erties. 4. Respondent Nos. 1 and 2 contested the writ petition by filing an affidavit-in-opposition. It was contended, inter alia, that the appellant had never been in possession of the house in question, that the same is occupied by the police and presently being used as police box and office...Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ...... the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..............Respondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter of highly disputed question of facts. The election commission acted within its jurisdiction under rule 70 of the Union ..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ...... 1st Court, Dhaka. Later it was transferred to the Court of Munsif, Gazipur and it was renumbered as Pre-emption Miscellaneous Case No. 109 of 1983. Pre-emption was sought with regard to .70 acres of land out of 3.22 acres and the pre-emptor deposited Taka 4000/- with compensation at the rate of 1......sed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......ave not prejudiced the petitioners at all because both the pre-emptor and the Court have accepted the amount as given in the petitioners' written objection." 4. Leave was granted to consider the question whether a prayer for deposit of balance consideration beyond four months was accepted illeg..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....dation of the petitioner. "The District Judge informed the Law Ministry and it appears, the Law Department by its Memo dated 18.5.79, requested the Deputy Commissioner to return the premises to the possession of the District Judge "to solve the problem of the accommodation of the judicial offi......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this section means a legal obligatio..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......such by its order dated 1.6.88. 3. This School was established at the initiative of the local people in 1933 and in order to make it a modern institution, the Government requisitioned 12 bighas of land in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L....... for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......e judgment and order dated 5th March, 1989 passed by the High Court Division, Dhaka in Civil Order No. 223 of 1989). Judgment: Badrul Haider Chowdhury J.- In this petition for special leave the question is whether the Courts below were correct in refusing the prayer for ad interim injunction i..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......orders the District Judge transferred each of the appeals to the Additional District Judge for hearing and disposal. The High Court Division upheld the impugned orders of transfer. 2. The common question that calls for determination in these two appeals is that whether the District Judge, act..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......ssed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......rder IX, rule 13 The learned assistant judge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no necessity of farther determination of question of service upon the appellants. The order of the learned assistant judge has rightly been s..Category: Procedural Law | Date: | Hits: 88
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......ed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. .......Respondents Judgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question of repoll for the first time before the Appellate Division. Even if the question was raised..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
............................................Defendant Respondent Judgment April 16, 1989. The Code of Civil Procedure, 1908 (v of 1908), Order XXXIX, rule 7 Local Inspection The matter of possession can be determined on evidence before the court but not on local inspection. "Local inspec......defendant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was appointed for local inspe...... of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ocate Commissioner's report or it may accept partly and reject partly or may require parties to adduce evidence on matters which can be decided better on evidence than on such report. If there is a question, particularly of possession of land, the parties are required to give evidence in that beha..Category: Procedural Law | Date: | Hits: 94
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......out any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......proportionate or otherwise- by an order of the authority mentioned in clause(3) made before the first day of July 1959, and no appeal shall lie against such order nor shall such order be called in question in any Court." 7. Now clause (3) may be considered which reads as follows:— "(3) No..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... whether the High Court Division was wrong in holding that the vesting of the suit land in the Custodian of the Enemy Property did not authorise them to lease out the suit land without first taking possession thereof. 7. At the hearing of the appeal Mr. S.R. Pal, learned Advocate for the appell...... said suit for specific performance of contract in the Second Court of Assistant Judge, Serajganj alleging, inter alia, that defendant No.1 (respondent No. 2 herein) contracted to sell the suit land to him for a consideration of Tk. 999/- and on receipt of the entire consideration executed kab......out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......courts below. The learned Judge held that the cause of action in the suit arose in 2.4.69 when the plaintiff was informed by the Board of Revenue that no permission was required as the Ordinance in question had already expired. The suit having been filed within 3 years next from that date i.e. 2..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....e with a prayer that the criminal proceedings against them, under various sections of the Penal Code including ss. 436 and 148, be quashed on the grounds that the land in question has been in their possession in respect of which a Civil Court had passed temporary injunction against the complainant......brought this appeal by special leave with a prayer that the criminal proceedings against them, under various sections of the Penal Code including ss. 436 and 148, be quashed on the grounds that the land in question has been in their possession in respect of which a Civil Court had passed temporary......been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......this appeal by special leave with a prayer that the criminal proceedings against them, under various sections of the Penal Code including ss. 436 and 148, be quashed on the grounds that the land in question has been in their possession in respect of which a Civil Court had passed temporary injunct..Category: Criminal Law | Date: | Hits: 39
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ...... without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......ssed by the High Court Division, Dhaka in Appeal from Original Order No. 18 of 1986 with Civil Rule No. 55 (FM) of 1985). Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question whether the High Court Division was correct in holding that a pass book issued by the C.C.I..Category: Banking Law | Date: | Hits: 99
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....he Specific Relief Act (for want of future relief) but because the plaintiff failed to prove totality of his case including his title and hence his later suit for declaration of title and recovery of possession was barred by res judiciata. In view of explanation IV of section 11 of the Code of Civil......judicata. 3. Plaintiffs are the appellants. They filed the suit being O.C. Suit No. 136/1965/13/1966 in the Court of Subordinate Judge, 4th Court, Mymensingh for declaration of title to the suit land. Their case in short was that they took lease of the suit land from the Jamindar and relied on ......sed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......ase of K.B. Kishore Acharayya Chowdhury and others Vs. Province of East Bengal, 6 DLR page 1. The Appellate Court affirmed this view and decreed the suit. It was in the High Court Division that the question of res judicata was considered fully and the learned Single Judge (Mustafa Karnal, J) exhau..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....Defendant No.1 and his (Plaintiffs) vendor defendant No.2 Abedulla obtained well-demarcated .2125 ajutangsha land from C. S. Plot No. 17 under two registered deeds dated 4.1.54 and 5.1.54 and started possession by erecting structures, etc. The Plaintiff has claimed his share on the basis of his purc......er 12, 1988. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation......It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......nds". 4. Now there is no controversy as to the issues and points raised and decided in the suit and the appeal. The plaintiffs share as declared by the High Court Division finally is also not in question. 5. But leave has been obtained on a technical point alleging error and incompleteness i..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....dmittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous possession since purchase would be of no consequence. Unless there is a partition by, ”mets and bo......ion of the suit homestead from some co-sharers of the plaintiffs. Their case, in brief, is that the two brothers Hadu Shah and Nadu Shah took lease of southern half of the disputed homestead from the landlords. Subsequently Nadu Shah atone took lease of the northern half. Hadu Shah got 1/4th and Nad......missed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......thout any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......iah Nurul Islam and others............................Respondents Judgment March 13, 1989. Result: The appeal is allowed. The Constitution of Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court Division erroneously interfered in writ ..Category: Election Law | Date: | Hits: 115
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....was alive, a fact admitted by most of the witnesses. Salam had gifted 3 1/2 kanis of land to Anwarul Islam, and P.W.6 himself admitted that out of 10 kanis of land left by Salam. 3 1/2 kanis was in possession of Anwarul Islam and the remaining property was in possession of Siraj's son, Rafiquddin.......on with Siraj. Again, Salam had adopted, as son, one Anwarul Islam and allowed him to live in his house so long he was alive, a fact admitted by most of the witnesses. Salam had gifted 3 1/2 kanis of land to Anwarul Islam, and P.W.6 himself admitted that out of 10 kanis of land left by Salam. 3 1/......ismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... 3 & 53 Whenever interested persons claiming to be eyewitnesses of an occurrence charge persons against whom they have some motive for false implication with the commission of the offence the first question to be considered is whether in fact they saw the occurrence and were in a position to ident..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ed and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......and order dated 9 July 1987 passed by the High Court Division's Sessions at Rangpur, in Criminal Appeal No. 179 of 1984). Judgment Shahabuddin Ahmed J.-In this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshah..Category: Criminal Law | Date: | Hits: 41
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