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Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... cases where a bona-fide successor-inherent may claim adverse possession by tacking with the possession of the previous possessor without any breach in continuity and that will depend upon the facts of each particular case. 19. He also contends that the court of appeal below was in e......Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &......eator of the wakf dealt with the subject of dedication, and then comes the question how the properties were dealt with subsequently by others after his death. He complains that there is hardly any evidence of wakf acting hostile to wakf, or that it was not acted upon. He submits that if wakf is v..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....t to which the receiver may be authorised to, or may exercise the power to, take-over physical possession of the properties by removing the persons in actual possession thereof will depend upon the facts and circumstances in each case. The Court shall have to decide the said question on the basi...... also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
....eal should be disposed of with reference to points raised in the leave order.
8. The points referred to in the leave order, though mentions question of title and possession separately, yet in facts of the present case, the two questions are interdependent and should be treated as such. It is......
Syed AB Mahmud Husain CJ
Ahsanuddin Chowdhury J
Kemaluddin Hossain J
Lal Meah, being dead his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Result:
The appeal is allowed......aforesaid suits were binding on defendant No. 1 regarding this claim of title. As regards plaintiff's title, he differed with the trial Court on the presumptive value of Khatian and treated it as evidence of title as well. He thereafter considered the oral and documentary evidence of both the ..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....ibunal, which has purported to set aside the election of the Vice-Chairman and the members of the Union Parishad for Ward No. 1. Learned Attorney-General has drawn the attention of the Court to the facts that Respondent No. 3 who presented the election petition to the Election Tribunal was a candi......Case is also Reported in: (1976) 28 DLR (AD) 51. ......all, after giving the contesting candidates and such other candidates against whom an allegation, if may, of any corrupt or illegal practice is made an opportunity of being heard and taking such evidence as may be produced before it, make such orders as it may think fit: Provided that the T..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....osited into the Court in pursuance of an order of the High Court, pending the decision on the objection of the Government as to its preferential claim over security money. 28. Turning to the facts of the present case, we find that the High Court, upon the cited authoritie...... Appellate Division (Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abd......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....et issued warrant of arrest and the accused appellants surrendered to the process of the Court. Mr. B. Hossain further argued that the proof of an offence complained of will depend on the totality of facts. No evidence has yet been gone into. It is, therefore, too early to ask for quashment of the p......e case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......warrant of arrest and the accused appellants surrendered to the process of the Court. Mr. B. Hossain further argued that the proof of an offence complained of will depend on the totality of facts. No evidence has yet been gone into. It is, therefore, too early to ask for quashment of the proceedings..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
.... case of Abdul Wahab Vs. The Crown reported in 7 DLR (FC) 87. 8. It may be noted that the High Court Division being the first court of appeal in the instant case considered the evidence, the facts and circumstances appearing from the record and then held "In the circumstances there is......din Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3.......W. 3 Noor Mohammad Mondal, P.W. 4, Afazuddin Biswas and P.W. 5 S.I. Abdul Bari were examined in respect of recovery of the incriminating articles. 4. The learned counsel argued that the only evidence against appellant Abdur Razzaque is that he made a statement to the Off..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....to the High Court, East Pakistan under section 66(1) of the Income Tax Act praying that the Tribunal do refer the following questions of law: (i) "Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal had correctly incorp......peals are dismissed with costs. Ed. ......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....r in the appointment of an arbitrator before such an application can be entertained by the Court. According to the learned Counsel. The question of jurisdiction is to be decided with reference to the facts existing at the date of the commencement of the proceeding in question and not to those whic......ment of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71...... confine itself to asking whether at the preliminary stage of the proceedings, want of jurisdiction could have been established. Facts which cropped up at a later stage, even though established by evidence, must be ignored". 14. The proposition as has been enunciated above appears to have b..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....issioner then moved the High Court under s. 66(2) of the Act and obtained an order to that effect and the High Court after framing the question direction-for a reference of the question on stating facts by the Tribunal. 5. The High Court directed the Tribunal to refer the following questi...... Ed. ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....d any such objection not so taken shall be deemed to have been waived. Under the rules of pleading also, any objection as to the maintainability of a suit which requires investigation of facts, must be taken in the pleading before the framing of the issues so that the other party may n...... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ......e petitioners were the owners of the contiguous lands and whether the application was barred by limitation. On both the points stated above, the learned Munsif found, on a consideration of the evidence on record, in favour of the appellants and allowed their application for pre-emption. On ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....is approbation and reprobation and cannot be accepted. 12. We find that the question turns upon the sufficiency of evidence. It is a question of fact and will be determined on the facts of each case, and no hard and fast rule can be prescribed. If the ballot papers produced......ain J. Ayub Ali Howladar……………………..Appellant. Vs Election Tribunal Bagerhat, Khulna and others…...Respondents Judgment Nov. 20, 1975. &nbs...... appellant as the chairman of Chingrakhali Union Parishad, P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules, 1974 was declared void. 2. Parties called their evidence and also the Tribunal requisitioned ballot papers from the authority but all papers were ..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....t to some interests described in the proviso to subsection (3) of section 20. The purchaser, of course, has the right to annul all encumbrances mentioned in the sub-section. 13. Turning to the facts of the present case we find that the certificate proceeding was initiated for the realization ...... result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......in terms of s. 8 of the Act. Incidentally section 36 and other sections of the Act were considered. Another question was the maintainability of the suit under section 37 of the Act. The High Court on evidence, held that there was fraud before, and, after the sale, and so the title was found in favou..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... on the evidence, (iii) if the dispute between them is a question of law the submission of legal argument by the parties and (iv) a decision which disposes of the whole matter by a finding upon the facts in dispute and an application of the law of land to the facts so found, including where requir......however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......nt and within time, (3) that the learned District Judge did not act as a "persona designata" (4) that acknowledgment by the late Md. Amir Ali Mia of the respondent No. 1 as his son is substantive evidence that the respondent No. 1 is his legitimate son and (5) that the appellant if so advised, ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......ision (Civil) Present: Ahsanuddin Choudhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mo......ellant objection that on the principle laid down in the section 98 of the Evidence Act that parties should not be allowed to travel beyond the contract embodied in the deed of kot-mortgage and adduce evidence in support of the fact trial the land mentioned in schedule I (kha) to the plaint were in f..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....or a temporary period. The fundamental consideration is that the mandate of the Court as contained in a decree must not be lightly ignored or evaded to the prejudice of its holder. But if from the facts of the case the Court is satisfied that there are good reasons to suppose that the judgment-d......all, however, be no order as to costs. Ed. ......sp; alleged in the proposed plaint, are, in brief, that there was no agreement for sales of land between the appellant and Respondent No. 1, that the appellant could not produce any credible evidence in support of his false claim, that because of certain circumstances the said Respond..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......in J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Judgment June 14, 1977. Lawyers Involved......l Hamid. Mr. Chowdhury argues that the employee was not given an opportunity to examine his witnesses and that the employer called no witnesses before the Enquiry Committee. Before the Labour Court evidence was led and the Labour Officer of the company said that the employee only examin..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....n affidavit, was at all entertainable by the Administrator; and (2) Whether the order of the Administrator removing the petitioner can be sustained, in view of the facts alleged in the application being neither supported by affidavit nor otherwise proved by exam......zle Munim J Md. Shaukat Ali Mia………………………………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgment May 31, 1977. ......ident from the order of the Administrator, and he had materials legally receivable for his consideration and as such his order cannot be challenged on the ground that it was based on no evidence. Mr. Khandker, of course, submits that there were no materials legally receivable for cons..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....vered head and handed it over to Fazu Kazi. The learned Judges of the High Court carefully considered the evidence of P.Ws. Sachindra, Esaruddin and Tasiruddin with reference to the attending facts and circumstances along with other evidence and they could not persuade them to put reli......in CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J The State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. Judgment March 9, 1977 Cases Referre......ined. The leave was granted to consider whether the High Court properly appreciated the evidentiary value of the retracted confession as against co-accused as well as to re-examine the evidence. 5. The learned Deputy Attorney General argued that the High Court was wrong in hol..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......llate Division (Criminal) Present: Syed A.B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattachary J Fazle Munim J &nbs......n. 4. Mr. T.H. Khan, the learned counsel for the petitioner contended that the High Court Division erred in law in upholding the conviction and sentence of the petitioner on the face of the evidence of P.W. Bajitullah, the father of the deceased, that the present case was connected by so..Category: Criminal Law | Date: | Hits: 62
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