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Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Office purported to have been executed by the plaintiff on 17.4.70 with respect to 1.25 acres of land was fraudulent and a collusive document. 2. Defendant No.1 contested the suit by filing a ......ed in: 34 DLR (HCD) (1982) 255 ......en of proving every species of bad faith such as fraud, collusion, misrepresentation, impersonation, undue influence, absence of consideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was......n was discharged prima facie the burden would shift on the other party to prove that it was not so. A plaintiff without proving his case prima facie would not as of right, get a decree in his favor merely because the contesting defendants were absent on the date of hearing …….......Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Archana Proshad Nandi Vs. Miss Chilia RanÂdolph and others, 1981, 10 CLC (AD)
....gned by the mother for herself and for her minor daughter Chilia Randolph and the defendant 3 the step-son of defendant 1 signed the contract on his own behalf. This contract contained schedule of land to be sold and recital of payment of Tk. 2.000/- and the signatures of defendant 1 and 3 and t................Appellant Vs. Miss Chilia RanÂdolph and others....................Respondents Judgment October 28, 1981. Result: The appeal is allowed. Case Referred To- Harendra Chandra Das Vs. Nanda Lal Roy, 36 C.W.N. 1002. Lawyers Involv......urchasers with notice of the contract. The trial Court framed issues namely, whether the agreement is genuine and whether the plainÂtiff is entitled to any relief. 2. The trial Court found that the agreement was genuine but dismissed the suit on the ground that the contract is unenforceab......, 1981. Result: The appeal is allowed. Case Referred To- Harendra Chandra Das Vs. Nanda Lal Roy, 36 C.W.N. 1002. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, B. B, Roy Chowdhury, Senior Advocate, instructed by Shamsul Haque, Advocate-on-Recordâ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....pressed require no revision, except that it should be construed the way I have tried to explain. 15. It would not be out of place to mention some decisions from the sub-continent, America and England to see how far an Order of a military Court has been interfered with in those jurisdictions. ......ts Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others&hellip......pus is to see if a person in custody is there in pursuance of any lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first ......t September 22, 1981. Result: The Petitions are dismissed. Constitution of Bangladesh (1972); Art. 102 (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....nd 135 of 1980, 65 & 96 of 1980, 155 of 1980. Judgment Mustafa Kamal J.—These eighteen Rules under Article 102 of the Constitution were obtained by persons owning various plots of land in Mouza Ramchaadrapur under P.S. Mohammadpur, district Dacca, challenging requisition notices ......ciety Ltd..........Petitioners Vs. Bangladesh, through the Secretary & others...............Respondents Judgment August 19, 1981. Result: The Appeal is allowed Cases Referred To- Province of East Pakistan Vs. Abdus Sobhan Sowdagar, 16 DLR(SC)38; Moosa......en moved the respondent No. 1. Secretary. Ministry of Land Administration and Land Reforms in revision. The Joint Secretary of the Ministry, who heard their petitions rejected the same on the ground that as notices under section 5 of the Act have already been served, there is no scope for ......l J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and Md...Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....d by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On th......desh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dacca...........Respondents
Judgment
July 23, 1981.
Result:
The Rule is made absolute.
Passport Act (XXXIV of 1920), ss.3, 4, 5--Bangladesh Passport Order (P.O. 9 of 1973), Arts. 7 A 11--P......For such suppression the holder of passport may be otherwise dealt with but cannot be denied entry in Bangladesh-
The respondent has not brought on record any material on which it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a vali......, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dacca...........Respondents
Judgment
July 23, 1981.
Result:
The Rule is made absolute.
Passport Act (XXXIV of 1920), ss.3, 4, 5--Bangladesh Passport Order (P.O. 9 of 1973), Arts. 7 A 11--Passp..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....p;of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellants. Facts are that accused Amatun Nessa (acquitted since then) inherited 283/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on......p;…..Respondent Judgment July 14, 1981 Result: Appeal is allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Inv......p;……..Respondent Judgment July 14, 1981 Result: Appeal is allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Law...... Others…………………..Respondent Judgment July 14, 1981 Result: Appeal is allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of th..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....Judgment M.H. Rahman J. — This appeal by the defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B. S. on condition of .................Appellant Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the E......No. 355 of 1972 Judgment M.H. Rahman J. — This appeal by the defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B...... heirs, Faruk Mia & others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated&..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
.... section62 "shall not apply" to this case. 2. Appellant filed Title Suit No.11 of 1960 in the 2nd Court of Subordinate Judge, Sylhet against the respondents claiming that the suit land originally belonged to one Prohllad Chandra Sen who, sold it by a registered Kabala dated June ...... Reported in: 1 BLD (AD) (1981) 421 ......l No. 164 of 1965 set aside the concurrent judgments of the lower appellate court and the trial court in a suit for declaration of title and possession and transferred the case to the Company Judge, that is, the High Court Division on its Original Side, under the provision of section 62 of......lip;….Respondent Judgment June 25, 1981 Result: Appeal is allowed. Banking Companies Ordinance (LVII of 1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appe..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
....he Port and the territorial waters of Bangladesh without obtaining the necessary Customs Clearance as required under the law. Undoubtedly, this is a clear case of flagrant violation of the law of the land by the foreigntrawler in question and the Customs Authorities in their affidavit nowhere disclo......7, 1981.
Result:
The appeal is disposed of.
Public Servant Disobeying Court's Order
Contempt of Court-
Lawyers Involved:
Syed Ishlicq Ahmed with Ziaur Rahman Khan—For the Appellants.
Rafique-ul-Huq with K. S. Nobi—For the Respondent-1.
M. Nuru......Abdur Rahman Chowdhury J.— This appeal arises out of an order passed by the learned Subordinate Judge directing attachment of four Trawlers.
2. Facts, in brief, leading to this appeal are that the plaintiff respondent instituted a money suit in the 3rd court of Subordinate Judge, Chittago......
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....arties that the Government had directed by notification that the levy of Municipal Tax and Urban Immoveable Tax should not exceed overall ceiling of 17% on annual value of the buildings and lands. Controversy arose whether this 17% excludes or includes the rates on account of conserva...... Sonali Bank and Ors…………………………….Respondents Judgment March 10, 1981 Result: Appeal is allowed. Case Referred To- American Life Insurance Co. vs. Dacca Pourashava (1979) 31 DLR (AD) 276. ......ction on the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 1960. It is admitted by both the parties that the Government had directed by notification that the levy of Municipal Tax and Urban I......ppellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Ban..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....aw contained in Art. 14 of the Constitution. Furthermore, Sec.7 of the Act, quoted above particularly the latter part, which vests the government with the power wholly or partially to exempt any land from the provisions of the Act, is clearly discriminatory in its effect and, therefore, infring......ant Vs. Bangladesh & Others………………................Respondent Judgment December 9, 1980. Result: The appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of ......ice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 1955 SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan,......appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 1955 SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
.... 2. Facts of the case are rather simple. The respondent plaintiffs filed Title Suit No. 68 of 1956 against the appellant-defendants for declaration of .title and recovery of possession of the suit land. The suit was decreed by the Munsif on 29th May, 1957 and the plaintiffs by putting the decree ......cation is not an application for execution of a decree An application for restitution is an independent application, no matter its object is the recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no ......f the High Court Division dated July 24, 1979 in S. M. A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under Section 144 of the Civil Procedure Code is governed by......rs………… ................Respondent Judgment November 26, 1980 Result: The appeal is dismissed. Restitution application is not an application for execution of a decree An application for restitution is an independent application, no ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....se Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the......26, 1980 Result: The appeal is dismissed. Small Cause Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. ......s claiming title to the premises on the basis of a decree for specific performance passed against the landlords of the appellants. Appellants challenged the title of respondents contending that the decree was fraudulently obtained. The finding of S. C. Court is substance has esta......;……………..Respondents Judgment November 26, 1980 Result: The appeal is dismissed. Small Cause Court Suit Respondents filed S.C.C. suit for eviction of appellants from suit premises claiming title to the premises on the basis of a decree..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....;s Order No. 27 of 1972 could be penalised and dismissed from service upon charges which though constituted internal irregularity as such, never constituted an offence under the penal law of the land, particularly when the Corporation had no Rules and Regulations as contemplated under President......ion are read and considered together. The petitioner being an employee of a corporation set up under the authority of P.O. 27 of 1972 is an employee under the State to be called a State employee as such…....(6) Lawyers Involved: Md. Nurullah with Mahbubul Hue Advocates-For the ......n on and from 1st July, 1977 when Aziz Match Factory continued to remain under the aforesaid Corporation with the petitioner as its Administrative officer. In this connection it may be observed that the petitioner, was ultimately absorbed in the service of Bangladesh Chemical Industries Corpora...... J Md. Hazrat Ali……………………………………Petitioner Vs. Chairman, Bagladesh Chemical Industries Corporation & another……..Respondents Judgment November 21, 1980 Res..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essentially re......ner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essentially required for providing ac......howdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others…………………………&he..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....5, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask f......ng defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask for temporary injunction against the defendants restraining them from interfering with plaintiff......as not been made, and an injunction is sought for. Normally this rule is to be observed, but it cannot be taken as an absolute rule, because if the suit is otherwise maintainable, and if it is found that the defendant without being in possession, wants to disturb the possession, the Court ......s Vs. Jamini Marak & Others ………….......Respondents 3-20 Judgment November 5, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a su..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....rcumstances public purpose and public interest was interpreted by superior Courts in the context of the statute itself. With the introduction of a Constitution as the fundamental law of the land incorporating fundamental principles of State Policy, the term public purpose and public intere...... made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R. Pal with Aminul Huq, Advocates-For additional Respondents. Syed J.R. Mudassir, Assistant Attorney General-For Respondent No. 2. W. P. 43 of 1978 Judgment Sy......s through Bengali medium in some subjects, but instructions through English medium continued as before. Apart from this it appears from certain news paper advertisements annexed in the petition that the school provided for special teaching facilities for enabling the student to appear in 'O......;………..Respondents Judgment September 11, 1980. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Kairul Huq, Advocates-For the petitioners. S.R. Pal with Aminul Huq, Advocates-For additional Respondents. Syed J..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
.... No.1306 of the 1973. Judgment Md. Altaf Hossain J. - Facts leading to the Rule are the folloÂwing: Plaintiff petitioner filed Title suit No.204 of 1970 for declaration of title in the suit land against opposite party principal-defenÂdant Nos.1-9. In the suit, opposite party No.10-17 were......ipal-defenÂdant Nos.1-9. In the suit, opposite party No.10-17 were made pro forma defendants. DeÂfendant Nos.1-9 entered appearance but later on compromised the suit with the plainÂtiff. The suit was decreed on compromise against the defendants 1-9 and ex parte against defendants 10-17 by order d......etitioner who died during the pendency of this Rule and was substituted by his heirs. None has appeared for the opposite party defendants. 3. The learned Advocate for the petitioners contends that under P.O. 12/72 relied upon by the learned Munsif all Judgments, decrees and orders passed ex p......ioners Vs. Ali Ekabbar and others…………………………Opposite Parties Judgment September 11, 1980. Result: The Rule is made absolute. Lawyers Involved: Md. Ayub - For the Petitioner. None - For the Opposite Parties. Civil Revision No.1306 of the 1973...Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....hy;tion 133 of the Code of Criminal Procedure. 3. The petitioner Abdus Salam, by his application under section 133 of the Code of Criminal Procedure alleged that he had 8 or 10 'Hals' of lands surrounded by roads on all sides. There was drain running by the North-West corner of those la......lip;….Petitioner Vs. Musabbir Ali & others…………opposite parties Judgment September 4, 1980 Result: The reference is accepted. Case Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacha......ip;opposite parties Judgment September 4, 1980 Result: The reference is accepted. Case Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhattacharjee. Lawyers Involved: B. K, Das, Advocate......se Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Chandra Bhattacharjee. Lawyers Involved: B. K, Das, Advocate- In support of reference Md. A. Hannan, Advocate- In opposition of reference. Criminal Reference N..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....alcutta is a valid document in Bangladesh which could be acted upon. Facts in short are that the plaintiff Haji Abdul, Karim migrated to the then East Pakistan in the later part of 1957 B.S. The suit lands originally belonged to Bhattacharjees who orally settled the 'Ka' schedule lands and a......ey empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registration under the law. This is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which ......ument which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registration under the law. This is not legally tenable as a po......Vs. Babar Ali Bepari & Others………………… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such powe..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
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