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Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed property to sell it to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/- as advance, possession of the premises was given to the appellant. It was agreed that the seller would execute a...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......sts. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......pellant obtained leave of this Court to consider whether the order of abatement was rightly recorded in the absence of an assertion by the Government that it has taken possession of the property in question. 4. Mr. Khondker Mahbubuddin Ahmed, Counsel for the appel..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......ning which led them to record a finding of guilty appears from the following paragraph: ''We have not come across any instance so far of a public servant being prosecuted under the penal law of the land for disobeying the orders of the court but it is time that those beneficial sections incorporat...... costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......petitions the High Court Division added the aforesaid defendants as respondent Nos. 4 and 5 in F.M.A. No. 501 of 1980 and issued direction upon them to explain under what circumstances the Trawler in question was allowed to escape. Appellant was also directed by the High Court Division to show cau..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....e. He stated that the application was malafide and aimed at suppressing the plaintiff’s misdeeds, namely, transferring properties of schedule 1 to defendant Nos. 4-10 who are tenants in possession of the premises of schedule 1 and the suit as well as the application were filed by him......to the outsiders, namely, defendants Nos. 4 to 10. In three schedules to the plaint, schedule No. 1 comprises 15 gandas, schedule No. 2 comprises one ganda and schedule No. 3 comprises 5 gandas of land. Schedules 1 and 2 are tenanted premises and schedule 3 is the homestead. Schedules 1 and 2 pr......s also Reported in: 36 DLR (AD) (1984) 97. ...... rights to property. It should, therefore, be exercised only in extreme cases. Where there is not merely apprehension of possible danger but the peril or danger to the property in question appears to be great and imminent, such appointment may be made………&hel..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... several rooms. The appellant has been occupying one such room as a monthly tenant and running a business there from the time of the previous owner, one Mrs. Amirunnessa. The respondent got title and possession of the entire premises by purchase from Mrs. Amirunnessa—a fact about which there is no......llant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24, 1983. The findings of the Court below that the shop room is bonafide required by the landlord, is based on proper consideration of materials on record as well as on correct interpretati......o costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......982 passed by the High Court Division in Civil Revision No. 1161 of 1982.) Judgment Shahabuddin Ahmad J.- The appellant is a monthly tenant of the respondents in respect of the premises in question. He has been ordered to be ejected on the ground of the landlords' bonafide requirement of ..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ....... Facts are simple. Complainant is the appellant. He filed a petition of complaint against the accused respondents alleging that they damaged the vegetable plants and constructed a hut on his land and caused loss of about Tk. 100/- to 125/- thereby committed an offence under sections 427/14...... In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... attracted when an appeal lies and the obligation is that the learned Magistrate before passing any sentence records a judgment in the case". In this case, it was a case of acquittal. The question is whether in case of acquittal the learned Magistrate is obliged to write a judgment..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....eclaration of their title to the suit land. Their case is that the suit land previously belonged to Nafar Roy who after possessing the suit land died leaving 2 sons, Basu and Suvia Roy who being in possession of the suit land sold it to one Felu Mondal by registered kabala dated 30.5.1927: there......civil revision on merits in their absence. 3. The plaintiff-respondents brought O. C. Suit No. 68 of 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit land. Their case is that the suit land previously belonged to Nafar Roy who after possessing the s......anik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the order on due consideration of the facts and circumstances of the case....... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Corporation…………….............................also Reported in: 36 DLR (AD) (1984) 82. ......nt of the dispute and offering of some compensation, the time limit fixed under section 8 of the Maritime Convention Act, 1911 to bring an action in court can be considered, whether the question of limitation being a mixed question of law and fact, can be decided without e..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....mp; ors...................................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were t......1002 to 1005 of 1969, in the 2nd Court of Munsif, Tangail, for correction of rights under section 143A of the State Acquisition and Tenancy Act. The case of respondent No. 1 was that the case land originally belonged to Anath Bandhu Guha who died leaving four sons, namely, Akhil Bandhu Guha......36 DLR (AD) (1984) 79. ......ath Guha & ors...................................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Off..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......vision. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......f proceedings and for the ends of justice, it is necessary that both the parties, namely, the appellant claiming to be husband of the detenue and the father of the detenue should be heard over the question of legality of the detention and the custody of the detenue on release, and the matter sho..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....put to auction in Execution Case No. 189 of 1933 which was filed against Abdus Samad and others. One Purna Chandra Sarkar auction purchased the lands on December 14, 1933 and took delivery of possession on August 20, 1935 through Court. On December 1, 1940 he sold the lands to Abul Bas...... May 31, 1983. The usufructuary mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent.......is also Reported in: 36 DLR (AD) (1984) 69. ...... obtained by the defendant-appellant to consider whether the High Court Division has correctly construed the documentary evidence in ascertaining the nature and character of the lands in question and also whether the High Court Division correctly applied the provisions of sectio..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....against the Corporation of its officer by a plaintiff who may be aggrieved by any of their orders. Similarly sub-section 3 of section 74 of the Ordinance contemplates suits for recovery of possession of immovable property and for declaration of title. In this view we held that the learn......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......also Reported in: 36 DLR (AD) (1984) 69. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......e High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......section 202 may implicate persons not named before the Investigation Officer. Magistrate taking cognizance of the case on the report made under section 202 Cr.P.C. is not competent to go into the question whether the accused has been implicated out of enmity. This shall be a matter for the Court..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
...., 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made ......rial Court. The Appeal is allowed…………(14) Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115; Coghlan Vs. Camberland, (1898), 1 Ch. 704; Arju Perhad Vs. Jwaleshawari Pratap Narain Singh, A.I.R. 1951 (SC) 120. ......also Reported in: 36 DLR (AD) (1984) 52. ......und fault with the plaintiff on certain points which could easily be clarified, had the petitioner been represented at the hearing by an advocate. For instance, the High Court Division questioned the genuineness of the Bainapatra and the signature thereof and concluded "so from ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....otection under section 7 of the said Act. 2. Respondents-plaintiffs filed Title Suit No. 51 of 1965 in the 3rd Court of Munsif, Jessore, for ejectment of the appellant and recovery of khas possession of the suit land. The suit land lies within the Jessore Municipal Area and it admi...... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continu....... This Case is also Reported in: 36 DLR (AD) (1984) 48. ......ment and decree dated 2.6.82 passed by the High Court Division in S.A. No. 894 of 1968.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question raised is whether the appellant is a "non-agricultural tenant" within the meanin..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....rocedure Code, 1898 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such proceeding………......opolitan Magistrate, Chittagong stating, inter alia, that the shop house running under the name and style ''Ujala Hotel" situated at Station Road, Chittagong, belongs to his wife and the land on which the shop stands is Railway Khas land which was leased out to the appellant's wife in ...... In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......in as his children and before his death the said Asiruddin executed three kabalas in favour of Saleha, Ishaque Uddin and his wife Rahima Khatun and complainant Tofazzal Hossain conveying 13 bighas of land and got them registered on Commission at his house on 5-5-65. Further prosecution case was that......the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......idering whether the consideration mentioned in the document Ext. 2-2(b) actually passed or possession of the land was delivered which are immaterial and have nothing to do in determining the real question at issue. He further argues that the learned Sessions Judge erred in acquitting the accused..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......his contention he has relied upon a decision of the Queen's Bench Division in Weldon Vs Neal, (1887) QB Division, 394. In this case, as referred to, the plaintiff commenced an action for slander on 1st September, 1883 but he was none suited on the ground that the alleged slander was no...... Reported in: 36 DLR (AD) (1984) 38. ......e entertained as the plaintiff "shall not afterwards sue in respect of the portion so omitted or relinquished " A Division Bench of the Calcutta High Court which considered this question on a revisional application, rejected the defendant's contention holding that the provisio..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ............ Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he was being app......rarily to East Pakistan Civil Service Class II cadre. He was reverted to the post of District Kanungo after seven years of service. The reversion was made, without serving any notice upon him. The question was raised as to whether the order of reversion amounted to reduction in rank, his appoint..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... the dispute and such adjudication is to be performed in accordance with the laws of the country and the rules of procedure………………….(6) Civil and criminal liability The question is whether it is a civil liability or criminal offence depends upon facts, whether the comp..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....e 2, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executi...... The Code of Civil Procedure, 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has g...... ......; Shahabuddin Ahmed J.- This is an appeal by special leave at the instance of the plaintiff-decree holder of a partition suit. A pertinent question of law, which is also of considerable public importance, is involved herein. It is whether..Category: Others | Date: | Hits: 97
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