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Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......led partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of the plaint. Hajrat Ali, predecessor-in-interest of the appellants (defendants 2-7), is admi......f the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......High Court Division, Dhaka in Civil Revision case No. 152 of 1983.) Judgment: A. T. M. Afzal J. - Defendant Nos. 2-7 in a suit for partition are appellants in this appeal by special leave. The question raised is whether the High Court Division ought to have made an order of remand in the inte..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......d it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......er dated 19.3.85 passed by the High Court Division, Barisal Bench, Barisal in Criminal Revision No.61 of 1984. Judgment: Shahabuddin Ahmed J. - In this appeal at the instance of the State, the question is whether the impugned order of the High Court Division (Barisal) stopping all proceedings..Category: Criminal Law | Date: | Hits: 60
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....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 for compensation. Brief......udgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amo......er as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......ade, cannot be rectified by subsequent payment of rent. He further submitted that the acceptance of rent by the plaintiff-respondent did not constitute any waiver. Moreover, plea of waiver which is a question of fact must be taken in the pleading and has to be established by proof of some overt act ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
.....71 measuring more or less 1 bigha 5 katha for 99 years. The Lodge Dhaka, a Philanthropic Organization executed the Kabuliyat at an annual rental of Tk.135/-. Since then the plaintiff was in peaceful possession of the property. In December 1972 the Lodge Dhaka was renamed as the Dhaka Lodge. It seem......question whether the plaintiff could make any claim in view of the express surrender of the property to (he Government in pursuance of the instruction of the authority of the United Grand Lodge of England. The learned Attorney General filed a prayer for additional evidence with certain annexures whi....... There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......cluding the building was under the possession of the plaintiff's society. Trouble started when the Government was given the permissive uses of the premises and since the title of the plaintiff was in question the plaintiff brought the suit for declaration in April, 1978 being Title Suit No.193 of 19..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....laintiff claimed the suit land by virtue of purchase by a registered kabala dated 30th Falgoon 1353 B.S. corresponding to 14th March, 1947 A.D. At the time of purchase Vender's guard, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took ...... February 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants entered in to the suit land even on 30th Cha......smissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......count of Eidul Azha and the plaintiff’s suit filed on the 16th April, 1965 was not barred by limitation. This finding of the Court of Appeal below cannot be construed as a making of a new case. The question of limitation is a mixed question of fact and law. In this case Court of Appeal below after..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....2.72 and in pursuance of which the document of the defendant was registered by the vendor. Hence it is the defendant's document that will prevail on the plaintiff’s document and the defendant is in possession which was established on evidence. A document that has been registered relates back to th......ncurrent 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 prayed for permanent injunction. 3. The trial c...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149....... prevail on the plaintiff’s document and the defendant is in possession which was established on evidence. A document that has been registered relates back to the date of its execution and when the question of title as between the two contestants claiming on the basis of successive documents execu..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......stated how the accused used to purchase the brick at low price forcibly and that information contains 15 lines. In another 15 lines the informant stated how the accused forcibly occupied the piece of land belonging to a primary school and erected a three-room building. Further the accused forcibly s...... Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......ereafter this information was lodged. A mere glance in the information of the Court reveals the motive of the informant which can, to say the least, mean the harassment of the accused appellants. The question is whether such proceeding is liable to be quashed. Inherent power has been given "to preve..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......anted against the Corporation which is a Government department. The learned single Judge, by the impugned judgment, set aside the order of temporary injunction. Leave has been granted to consider the question whether the learned Single judge well founded in law and fact in refusing temporary injunct..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....elevant portion may be quoted: "And whereas it has been decided to release the said property/properties from such requisition; And whereas it has been held that you are entitled to get possession of the said properly/ properties; I hereby order that possession of the said propert......Haider Chowdhury J.-Leave was granted to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancelling the order dated 20.2.85 for derequisitioning of .44 decimals of land by respondent No. 2 was passed illegally without giving any hearing to the appellant. 2. Fac......ssed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......om the Judgment and order dated 8.12.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 478 of 1986.) Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancelling the order dated 20.2..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)
.... 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 ...... 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 ......rent grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......employee of the Corporation and was governed by its Rules; but the learned Single Judge reserved his opinion as to whether the respondent was a "worker". 5. Leave was granted by us to consider the question whether the respondent is a worker under the relevant Labour law or whether he is an employ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......cquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......nclude that since P.W. 4 Mobarak named the present appellants as taking part in the occurrence at Char Khidirpur, they were necessarily to be found guilty for the alleged murder of Jamshed. The first question that ought to have occurred to the learned Judges was whether Jamshed was at all killed in ..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....ndpur for eviction of defendant- respondent Nos. 1 and 2 from the suit premises. Respondent Nos. 1 and 2 were defendant Nos. 1 and 2 respectively in the suit. Defendant No. 2 was brought in and given possession of two rooms without the knowledge and consent of plaintiff Abdul Aziz Bepari who never r......or Abdul Aziz Bepari who inducted defendant No. 2 into the suit premises without the consent and knowledge of the latter such transaction was of the nature of a sub-lease, though not binding upon the landlord who was unaware of it. No question of giving consent to the sub-lease could, therefore, eve......s to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......es under section 106 of the Transfer of Property Act upon both defendant Nos. 1 and 2. The tenancy was thus terminated on the expiry of December, 1972. As the defendant did not vacate the premises in question, suit for eviction was instituted. Defendant No. 2 who is respondent No.1 in this appeal al..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....dated 13.4.63. The stipulation was that the property will be sold to S.M. Ismail at a consideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale......possession of such property. 32. The Sub-Divisional Officer, Brahmanbaria repelled the contention of the appellant and declared the property as enemy property and recommended the lease of the said land to other persons. 33. The appellant challenged the order before the High Court in writ juris......rder as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......r, did not file any appeal and at the time of hearing the Assistant Custodian entered appearance and supported the appeal of the respondents 1 and 2. 8. The High Court Division considered that the question of possession was not material in this case and considered that the document in question na..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......thers AIR 1975 All. 399 it is held that an order under rule 7 of Order 39 in appointing a Commissioner for making inspection of any property which is the subject-matter of the suit or as to which any question may arise in the suit, the Court has to bear in mind the urgency of the situation and the n..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... 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. ......ter has any such grudge, it will not stand in the way to raise the question as it is strictly a question of law as to basic qualification of a person to hold a public office. In Halsbury's Laws of England, Third Edition, Vol. II, page 148, it has been stated that even "in a case where an election pe......costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to office of any person who is, or purportedly, holding a public office whenever..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......0 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ent and order dated 29 August 1983 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No. 44 of 1983.) Judgment Shahabuddin Ahmed J. - This appeal by the State calls in question an order of the High Court Division altering the conviction of accused-respondents and redu..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......tested the suit on many grounds and challenge was given mainly on the principles of estoppel, waiver and acquiescence, the sum and substance of the defendant's case was that as, per the agreement the landlord would send his Karmachari to the suit shop for rent and in fact such rent used to be collec....... There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..........Appellant Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 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...Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......cordingly, dismissed without any order as to cost. Ed. ......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 consider..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....endant 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 by filing a written statement denyi......ow and restoring those of the trial court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally belonge...... set aside and those of the first appellate court restored. Ed. ......rence when the document does not form the preponderance of the evidence. High Court's power in second appeal does not include power to review the evidence to come to a finding of its own on a question of fact, but the High Court can give a finding which has not been given by the lower appel..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....No. 91 of 1970. He, however, did not obtain any kabala from Court in pursuance of the decree. He claimed that according to the provisions of section 53A of the Transfer of Property Act he being in possession of the aforesaid .02 acre of plot No. 404 became a co-sharer in plot No. 404. He came to......ent No. 1, filed preemption case, being Miscellaneous Case No. 230 of 1980, impugning the aforesaid sale. His case is that he got a decree for specific performance of contract for, 02 acre of land on 29th November 1972 in Title Suit No. 91 of 1970. He, however, did not obtain any kabala fro......er, be no order as to costs. Ed. ......l on two points, whether respondent was a co-sharer being in possession of .02 acre of land of plot No. 404 in view of the provisions of section 53 A of the Transfer of Property Act and whether the question of limitation has been correctly decided by the High Court Division. 8. It appears..Category: Property Law | Date: | Hits: 48
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