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Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting land holding 100 Big...... as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ...... Acquisition and Tenancy Act came into force. So, limitation is available to the petitioner under the BT ACT. Thus the case was filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitione..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......tances…………..(20 & 21) State................................................................Respondent Non-disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The alleged eye-witnesses did not disclose n..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....plication was filed by respondent No.5 before the High Court Division for vacating the said order of stay. In the application it was stated that the Nazir of the Upazila Nirbahi Officer delivered possession of the said five fisheries to respondent No. 5 which had been in possession and enjoyme......it has been alleged that the appellant had been interfered with in their possession of the fisheries in question. Some of the members of the appellant’s Samity had, by erecting thatched huts on the land around the fisheries, been living therein with their families. On 7th November 1985 respondents......lso dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......he High Court Division issued the following Rule Nisi upon the respondents: "Let a Rule Nisi issue calling upon the respondents 1-5 to show cause as to why the impunged order of the fisheries in question with the respondent No.5 by the respondent No.1 on 19.7.1985 or at any date vide the Annexu..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......se is also Reported in: 40 DLR (AD) (1988) 206. ......- These three appeals by special leave are directed against a common judgment of the High Court Division dated 10 March 1987 disposing of five Writ-petitions including W.P. No. 83 of 1985. A common question of law relating to interpretation of certain statutes being involved in these appeals they ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....ff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the suit land and that their possession was not unauthorised and that the entry of the name of Government in record of rights was......ld that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned therein are...... as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ...... section 4(2) of the Ordinance No.XXXIII of 1982. They are: "4. Abatement of legal proceedings.- (1) The Constitution of Reserved Forest as is referred to in section 3 shall not be called in question on any ground whatsoever before any Court. (2) All suits, appeals, petitions, applica..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......ous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......homicide not amounting to murder punishable under Part-H of section 304 of the Penal Code. 4. It appears that neither the trial Court nor the appellate Court paid any particular attention to the question whether the act of the accused Bandez Ali attracts the definition of murder under section 3..Category: Criminal Law | Date: | Hits: 67
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....property was attached and the Circle Officer was appointed as receiver. Both the parties adduced their respective evidence and the learned Magistrate by order dated 27.2.82 found the appellant in possession and accordingly vacated the order of attachment etc. As against this order, the respond......erly and section 146(1) clearly lays down that in case he decides that none of the party was then in such possession or is unable to satisfy as to which of them was in possession, he may attach the land "until a competent court has determined the rights of the parties thereof or the person entit...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......udgment: Badrul Haider Chowdhury J. - This appeal by special leave is directed raglans the order of the High Court Division in Writ Petition 435 of 1985. 2. Leave was granted to consider the question whether the High Court Division was justified in rejecting the petition under Article 102..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....Civil Revision No. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte decree in Title Suit No.308 of 1980 and got delivery of possession of the land in suit in execution of the decree. But on an application filed by the defe......o. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte decree in Title Suit No.308 of 1980 and got delivery of possession of the land in suit in execution of the decree. But on an application filed by the defendant-respondent u......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......ve that the summons was not served as claimed by the plaintiff and it was incumbent upon the defendant to depose on oath that no summons was served upon him by the process -server as claimed. But the question is what is the basis of trial court's finding that the summons was not served. The basis, a..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....t was averred by the plaintiff that the suit land was acquired by the Government under the provisions of the Emergency Requisition of Property Act, 1948 in favour of the plaintiff to whom delivery of possession was made in terms of a bilateral agreement between the Government and plaintiff. Governme....................Respondents Judgment June 25, 1986. The State Acquisition and Tenancy Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the e......ill, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......ent of rent and accordingly made payment of the same voluntarily. Further, plaintiffs claim was by waiver, acquiescence, estoppel and limitation. 4. Trial Court, on declaring that the lands in question arc not liable to assessment of rent decreed the suit. It was also ordered that the plainti..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....the property devolved upon Raj Mohan and others by inheritance. They exchanged their lands including the suit land with defendant No. 1 by a deed of exchange dated 22.2,64 (Ext.B) Defendant 1 is in possession of the suit land by virtue of the said exchange and asserted that the M.R.R. Khatian was ......ower appellate court decreeing the suit being O.C. Suit No. 6 of 1970 of the Second Court of Munsif, Feni. 2. Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belonged to one Samad Ali who died leaving daughter Jait......nd those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......unsuccessfully moved the High Court Division in revision against the appellate judgment and decree and then came to this Division and obtained leave to appeal. 7. Leave was granted to consider two questions: (1) whether the tenancy of Samad Ali continued in the facts and circumstances of the case..Category: Property Law | Date: | Hits: 43
....B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......e instant case the reasons for and necessity of cancellation of the appellant' license were there in the report, notes and recommendations made by the officers with whom the Minister only agreed. The question, there-fore arises, is it imperative that the person/authority empowered to take action mus..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......sed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......e decision of the Tribunal and then an unsuccessful revision against the appellate order. 8. Coming to this Division with a prayer for leave to appeal submissions were made disputing and raising question as to the recounting of ballots by the Tribunal which appeared to merit consideration as th..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ...... A.I.R. (SC) 232, State of Maharashtra V. B. K. Takkamorc A.I.R. 1976 (SC) 1353, State of Assam V. Gauhati Municipality A. I. R. 1967 (SC) 1398, Durayappah v. Fervando and others, 1967 (2) The All England Law Reports 152(07). Lawyers Involved: M. Nurullah, Attorney-General (Hasan Arif, Deputy ......hout any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ...... challenged the finding of the report in various paragraphs, namely, 7 to 17 and contended that the enquiry was not enquiry, inasmuch as, neither the Chairman nor any Commissioner was asked any question regarding the materials collected by the committee from the Pourashava Office, and the en..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....hu transferred his share to defendants 3-10, who are strangers to his family. Hence the plaintiff filed the suit. 4. The trial court and the appellate court below found that the plaintiff was in possession of the homestead and there was no previous partition as was claimed by the defendants. Th......ule absolute and remanded the suit to the trial court with the following direction: "That he shall appoint a suitable pleader commissioner at the cost of the plaintiff lo physically visit the suit land and ascertain the actual quantum of land covered by the dwelling house and the adjunct land whi......High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ...... 60 CWN 829 a Division Bench of the Calcutta High Court observed :- "When an application under section 4 of the Partition Act comes up for consideration the jurisdiction of the Court is limited to questions relating to the rights of the co-sharers of the original undivided family to compel the st..Category: Property Law | Date: | Hits: 45
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
.... of Suruj Khan, purchased the zamindari interest in the suit land and other lands from the Moharaja. He also acquired subordinate Taluki interest at a court sale and brought the land under his khas possession. In 1350 B.S. he leased out the suit land to defendant No. 1 who had been in possession o......on, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the plaintiffs a fluctuating body of persons were used to graze their cattle on the low waste, land only in dry season for 4 or 5 months only. Such limited user on indulgence will neither make it...... appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......und of the changed society and social outlook and the need of the country it would not be reasonable to enforce the right of pasturage." 5. Leave to appeal was granted to consider (i) whether the question of reasonableness of a customary right should be decided on the condition prevailing at the..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....er whether the Buddhists in Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for decl......s in Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupa...... therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ...... law is applicable in their case. A court of law does not decide a point in vacuo. Where there is no controversy, the Court is not expected to lay down a law on supposed controversy. As for the other questions whether the parties should be governed by principles of equity, justice and good conscienc..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....ka in Writ Petition No. 12 of 1985 declaring that the suit property, namely, "LISMORE COURT” at Gulshan Model Town, Dhaka is not an abandoned property and directing the appellant to restore the possession of the same to the respondent within three months thereof. 2. Leave no appeal was gran......igrated to the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was Secretary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his per......wever, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......g the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned property. The learned Judges themselves hav..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....anti share. 6. The Court of appeal below set aside the decree of the trial Court after considering that the defendant's case was not supported by the Sale Certificate and the writ of delivery of possession of the auction sale which rather lent support to the plaintiffs' claim; and that the plai......t Babu Khan's heirs had 8 annas share; that the heirs of recorded owners continued to possess the suit property according to the respective shares of their predecessors; that plot No. 215 was not the land of the disputed khatian, and that the plaintiffs would get only 3 annas 3 gandas, 1 kara and 1 ......in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......fect in the frame of the suit the plaintiffs should be bound by their statements in the previous suit. 11. The High Court Division wrongly relied on Omar Ali V. Abdul Ali 8 DLR 311 where no such question as contended before us was raised. 12. In view of clear provision in section 17 of our E..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......ection in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or, in the absence of such contract, by the fifteenth day of the month next following...... Appellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J A. T. M. Masud J M/s. A. Haque and Co. & another..........Appellant Vs. Al-Haj Zakir Hossain...............................Respondent Judgment January 18, 1984. The Premises Rent C......uch lump sum payments of rent. What is, however, important notice about such payments is that while granting receipts for them the plaintiff-respondent took care in giving such receipts month wise. A question is, do the facts constitute an evidence of a contract between the parties waiving the right..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......y evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......hich was allowed by the High Court Division at Barisal and they were acquitted by the impugned order dated 10 January, 1984. Against this order of acquittal leave was granted by us to examine the question raised by the State as to whether the evidence on record particularly, the direct evidenc..Category: Criminal Law | Date: | Hits: 45
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