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Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent of the landlord creates an implied contract, and a tenancy by holding over is constituted. Such a tenancy c......May 28, 1990. Result: The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent of the land...... Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others .................................Respondents Judgment May 28, 1990. ......82), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent of the landlord creates an implied contract, and a tenancy by holding over is constituted. Such a tenancy cannot..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....ble such possession as the property admits may be delivered. The donor must of course divest himself of his possession to complete the gift. Where a plaintiff is in possession of the suit land he is not required to ask for consequential relief which has been supported and reported in 42 ......harged. It is settled principle of law that mere declaratory suit is maintainable if it is found that the document with regard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both ...... Vs. Begum Arafat & others................................Opposite Parties Judgment May 22, 1990. Result: The Rule is discharged. It is settled principle of law that mere declaratory suit is maintainable if it is found that the document with regard to which decl......um Arafat & others................................Opposite Parties Judgment May 22, 1990. Result: The Rule is discharged. It is settled principle of law that mere declaratory suit is maintainable if it is found that the document with regard to which declaration is sought..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... 60 of 1987 arising out of Mohammadpur PS Case No. 10(5)87 under sections 419/467/471/409 of the Penal Code read with section 5(2) of Act II of 1947. 2. The petitioner represented that a plot of land was held by one Mr. SM Ahsan, a permanent lessee of the Government and from him the petitioner ...... 13, 1990. Result: The Rule is discharged. The accused petitioner misrepresented to get permission for sale of the house and mutation and all relevant documents were false, forged and was available in the office. He, by showing such false documents induced the purchaser to purchase th......e purchaser to purchase the house from the accused petitioner at amount of Taka 12 lakhs and during executing the deed of agreement an undertaking was also given in writing by the accused petitioner that in case, the sale document cannot be executed and registered, he would refund Taka 14 lakhs inst......o Reported in: 43 DLR (1991) 95. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....erate from earlier date of execution............(6) The appellant's application for pre‑emption though maintainable, she is not entitled to pre‑emption because her right as a contiguous landholder to sue for pre-emption that accrued on 21st July, 1980 had been undermined by respondent&......sed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre......(AD) (1991) 9. ...... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-empt..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ansfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ...... made absolute. A notice under section 106 of the Transfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be ......ransfer of Property Act, 1882 will not exonerate the landlord from liability of establishing the bona fide requirement on adducing cogent evidence. It is not a correct proposition of law to say that concurrent finding can not be disturbed in revisional jurisdiction. In fact finding though concu......................................Opposite Parties Judgment April 5, 1990. Result: The Rule is made absolute. A notice under section 106 of the Transfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 19..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....s Rule may briefly be Opposite party Nos.1 and 2 as plaintiffs filed OC Suit No. 32 of 1986 in the 1st Court of Munsif, Prbadhala, Netrokona for declaration of title and recovery of possession of the land described in the schedule of the plaint contending, inter alia, that they had been in possessio...... Court Division (Civil Revisional Jurisdiction) Present: Syed Fazle Ahmed J Aftabuddin Fakir ...............................................Petitioner Vs. Sowdagar Rabi Das & others............................Opposite Parties Judgment March 29, 1990. ......n decision specially on materials relating on facts which would be self explanatory and in the nature of speaking order. Affirming judgment need not enter into detailed reasons to the same extent as that of the judgment of reversal. In a judgment of affirmance it is not necessary to record exhaustiv......nt view in its judgment. ........ (11) The 1st Appellate Court is supposed to consider the merits of the evidence independently with a clear consciousness of relevant points which arose for adjudication. It is also to afford the parties an opportunity of knowing and understanding the gr..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....Appeal No. 23 of 1988 should not be set aside. 2. The plaintiff‑opposite parties instituted Title Suit No.465 of 1978 in the court of the 1st Munsif, Dhaka for declaration of title to the suit land and for recovery of khas possession by evicting the defendants therefrom on the allegation.......................................Opposite Parties Judgment March 27, 1990. Result: The Rule is made absolute. H.M. Saya & Co. V. Wazir Ali Industries Ltd. 21 DLR (SC) 50 Case referred, Where a transfer is hit by section 52 of the Transfer of Property Act a transferee is ......;……………(5) A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an order&he...... his title against a party to the suit sought to be affected by such transfer but the transfer is not void……………………(5) A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an order..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....ngali Calendar month, is a mere irregularity which can be corrected by extending the period of notice, if it is at all necessary in the circumstances of the case – Learned Counsel for the landlord‑ appellants has not pressed the first point on which leave was granted. When the leave wa......enancy not coinciding with the end of a Bengali Calendar month, is a mere irregularity which can be corrected by extending the period of notice, if it is at all necessary in the circumstances of the case – Learned Counsel for the landlord‑ appellants has not pressed the first point on ......AD) (1991) 98. ......il Procedure, 1908; Transfer of Property Act, 1882; Section 106 Whether the present defendant- respondents who were substituted during the pendency of the suit upon the death of the original tenant are liable to be ejected without any further notice and whether the defe..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....Daud, Subordinate Judge, 1st Court, Dhaka in Title Suit No.502 of 1974 for Specific Performance of Contract. 2. The plaintiff's case, in brief, is that defendant No.1 being owner of the suit lands proposed through defendant No.2 to sell out the suit‑lands to the plaintiff and the price wa...... character It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas......others........................Respondents Judgment March 15, 1990. Result: The appeal is allowed. The evidence of an export is of very weak character It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert....................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: The appeal is allowed. The evidence of an export is of very weak character It is well settled that evidence of an expert witness is of very ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....dant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of trespass in the suit land Since the relationship of landlord and tenant between the parties was never a fact in iss......t March 15, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case a....... Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant ......ismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of trespass in the suit la..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....im the delay occurred in lodging the First Information Report. It is further stated that much bad blood was created between the informant party and the accused parties because of taking lease of Char land and both parties were involved in civil and criminal litigation. 4. The police took up the......culties of different individuals differ from each other in the matter of observation, perception and memorisation. They can hardly be the ground for rejecting their evidence when there is a consensus as to the substance of their evidence............................... (20) Exactitude and consis........ (20) Exactitude and consistency of rural and urban witness differ Consideration of evidence of rural witnesses should not be judged by the same standard of exactitude and consistency as that urban witness. When scanning evidence of various witnesses Court has to inform itself on the fri......e State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected for discrepancy in detail Discrepancy in the matter of detail of incident always occurs even in ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....rocedure for quashing that proceeding. 2. On 26-4-87 respondent No. 2 along with six others lodged an FIR before the Demra Police Station alleging, inter alia, that they purchased 1.07 acres of land by 7 registered deeds from appellant Nos. 8-11 between 14th February, 1983 and 24th June, 1984.......minal proceeding is stayed till the disposal of Title Suit. The Code of Criminal Procedure, 1898 (V of 1898), Sections 195(1) (c) & 561A Whether the jurisdiction of the Criminal Court was barred under section 195(1) (c) of the Code of Criminal Procedure to take cognizance of alleged o...... Whether the jurisdiction of the Criminal Court was barred under section 195(1) (c) of the Code of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. The civil suit was instituted before the filing of the FIR and the questioned ...... barred under section 195(1) (c) of the Code of Criminal Procedure to take cognizance of alleged offences except on the complaint in writing of that Civil Court. The civil suit was instituted before the filing of the FIR and the questioned documents in their originals are yet to be produced and..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....bdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar Khal Project they were irrigating the land of Mouza Hamidpur. That out of the 5 pumps one was out of order about two months ago. In the ni......Ed. This Case is also Reported in: 43 DLR (1991) 35. ...... Result: The appeal is allowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the......wers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person can not be convicted under section 16 for committing theft of such property……………………..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....cember 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not......ode of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not a party to the agreement. The outstanding amount was tendered agai......nd for satisfaction of the decretal amount but full requirement has not been met. The bank was not a party to the agreement. The outstanding amount was tendered against balance claim of the bank but that was refused due to lapse of date fixed. Then a suit for specific performance of contract being f......¦â€¦.Defendants-Respondents Judgment December 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but fu..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... 3. The defendants in the written statement denied the allegations made in the plaint. The case for the Government (Defendants) is that the suit property (being a tank measuring more than 4 bighas of land) is recorded in the khas khatian not of the Collector, Dhaka. Zamindar Manmatha Bennerjee purch......t August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for the citizens and that the Government can not enjoy a special privilege in the matter ......t: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for the citizens and that the Government can not enjoy a special privilege in the matter of condonation of delay in filing...... Vs. Mohammad ...................................Opposite Party Judgment August 9, 1989. Result: The Rule is made absolute. Same privilege of government and citizens for filing appeal for delay condonation The law is the same for the Government as well as for th..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....ur Upazilla in Other Class Suit No.11 of 1984. 2. Facts giving rise to this Rule may briefly be stated as follows: 3. Plaintiff‑Petitioners instituted suit for declaration of title to the land described in the schedule of the plaint. Plaintiff‑Petitioners filed an application for amend......ers Vs. Md. Mokbul Shah and others...........................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court ina......n error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as amendment is necessary for determining the real issue under controversy between the parties and that the amendment sought for does not involve setting up of a new case and in view of this matter th....... Md. Mokbul Shah and others...........................Opposite Parties Judgment August 2, 1989. Result: The Rule is discharged. Non-exercise of discretion – an error of law The amendment sought for ought to have been allowed by the Trial Court inasmuch as am..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
.....132.(Shabek pukur-at present bhiti) of mouza Hajiganj, P.S. Narayanganj, District Narayanganj and also for a declaration that defendant No.1 A.K. Murshed is a tenant in the premises in the suit land. Plaintiff and defendant Nos.2-6 are sub-lessees inducted by defendant No.1. The suit land.........................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehte......rdinate Judge, Narayanganj should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the plaintiff-petitioner Meher Ali is that he instituted Title Suit No.56/84 in the Court of Subordinate Judge, Narayanganj against the def......rs...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD)..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of his title in the suit land stating, inter alia, that defenÂdant No.1 Hemanta Kumar Areng while owned and possessed the Su................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, ...... Mymensingh in O.C. Suit No. 270/79 decreeing the plaintiffs suit for simple declaration of title. 2. The plaintiff filed a Suit for declaration of his title in the suit land stating, inter alia, that defenÂdant No.1 Hemanta Kumar Areng while owned and possessed the Suit land entered into a cont......................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
.... Certificate Examination of the Dhaka Board in 1987 as well as in 1988 but could not pass the said examination. Accused Shahidul Islam lives in his father's, house. There are houses and some plots of land in beÂtween my house and the house of accused Shahidul Islam. Accused Shahidul Islam used to w....... .......I.R. 1934 LaÂhore 647; Ayesha Begum alias Anila Chanda Vs. The State, 13 DLR; Md. Sayeedul Arefin Vs. Y.O. Gorfin A.I.R. 1916 (Privy Council) 242; Moru Devi Vs. The State or KeraÂla, A.I.R. 1958; Chato Vs. Jevindram Kutti, A.I.R. 1958 Kerala 121; Meherunness Begum Vs. The State 8 DLR 393; Proful......sult:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Dayal Dhingra Vs. Mt. Sohagan, A.I.R. 1934 LaÂhore 647; Ayesha Begum alias Anila Chanda Vs. The State, 13 DLR; Md. Sayeedul Arefin Vs. Y.O. Gorfin ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....ff did not mention the word 'lien' nor did he do so in his written objection to the application filed by the Bank for vacating that order. To say the least rule of pleading does not warrant it. In England under RSC Order 18 Rule 11 "a party may by his pleading raise any point of law. There is a vita......appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the defendant's transaction with ......e Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel with all ......Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Meah........................................Appellant Vs. Pubali Bank & ors.......................................Respondents Judgment September 1, 1988. Res..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
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