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Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....ash;Conditions-Not bared by limitations- Order 8, Rule 6 of the Code of Civil Procedure, 1908 The relevant provisions dealing with set-off are- (a) the suit must be for recovery of money (b) the claim demanded to be set-off must be an ascertained sum of money (c) it must be legally recoverable ......evision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 23, 24 & 25 of the Code of Civil Procedure, 1908 Evidence on record is sufficient— No need for Remand Where the evidence on record is sufficient the appellate Court is competent to deter...... of set-off—Conditions-Not bared by limitations- Order 8, Rule 6 of the Code of Civil Procedure, 1908 The relevant provisions dealing with set-off are- (a) the suit must be for recovery of money (b) the claim demanded to be set-off must be an ascertained sum of money (c) it must be legall..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....53 of 1974 in the Court of the District Judge against the said ex parte decree. Defendant No.1 having died pending the said appeal, Respondents No.1 to 11 filed an application in the said appeal claiming themselves to be the heirs left by Defendant No.1 for their substitution in place of the de......e respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred by the respondent for his failure to put in a sum of Tk. 500/- within the time directed by the appellate Court. ......t the latter expression bears words of finality which do not require any further order from the Court to bring the litigation to a termination. The clear import of such words is that if the amount of money directed to be paid in the said order is paid within the time prescribed, the decree allowing ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....n at Tk. 9657.52 paisa including structures, recurring compensation, furniture removing cost etc. Being dissatisfied with the assessment, the respondents preferred the above Arbitration Case and claimed compensation to the tune of Tk. 3, 88,136/- on the averment that the assessment made by the ...... section 7(aa) of 15-11-72 showing the final assessment of compensation the respondents have filed the above Arbitration Case No. 1833 alleging amongst others that they moved the Government for higher amount of compensation for land, structure and other acquired properties but the Governme......eived Tk. 9657.52 leaving a balance of Tk. 69,648/- which is still to be paid by the Government to the respondents instead of Tk. 54,528/- as found by the learned Arbitrator as balance of the awarded money and the award thus stands modified. 12. The learned Deputy Advocate General next contende..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
.... and that on following day he paid an amount of Tk.20,000/-in cash to defendant No.1 in the same place whereupon the latter executed a plain paper receipt in presence of witnesses. In support of this claim the plaintiff produced a piece of document dated 3.3.72 Exb. 2. It was admittedly written by d......nt and decree dated 12.6.76 of the Subordinate Judge, 3rd Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for ma......hen defendant No.2, the Military Estate Officer under defendant No.3 threatened to cancel the lease for non-payment of the arrears of rent defendant No.1 faced difficulties in procuring the necessary money to pay the rent. He approached the plaintiff to help him in the matter. Again, Defendant No.1 ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....d to see books of account of the previous years and he managed to have a look into it and according to him the income of the octroi post was about Tk. 3,50,000/- arid not like 9,31,467.50 Taka as was claimed. The petitioner stated by inducing falsely the respondents have managed the bid for inflated...... follows:- The Chittagong Paurashava by a notice in the newspaper published that there would be an open auction of as many as 11 Pourashava Octroi posts, namely, Group 'A' Jo 'K' for leasing out the said octroi posts on yearly basis to the highest auction bidders for period begi......n the basis of a previous year's income. The petitioner was interested in group K, Kalirhat Pahartali octroi post. Its previous annual income was shown as Tk. 9,31,467,50; accordingly the earnest money was fixed at Tk. 9,135,00 The petitioner further deposited Taka 305.00 as the earnest money fo..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... 13.7.66 of the petitioner for pre-empting another transfer dated 2 6.66 Misc. case No.178 of 1966 was started. The learned Munsif by the judgment and order dated 12.9.70 rejected the preemptor's claim on the ground that the transfer was made by a Heba-bil-Ewaz and as such was not pre-emption un......sion No.712 and 713 of 1973. Judgment Ranadhir Sen J.-These two Rules are directed against two orders of the learned District Judge in respect of two appeals arising out of two applications for pre-emption under section 96 of the State Acquisition and Tenancy Act. The petiti...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......howdhury J.- This is a reference under section 438 of the Code of Criminal Procedure (hereinafter referred to as the Code) made by Mr. Md. Ibrahim, Addl. Sessions Judge, Dacca, recommending for setting aside the order dated 27.10.70 passed by Mr. M.A. Hye, S.D.O. (North) Dacca, in Case No.......ll continue until the question of title has been decided by the Civil Court. The Magistrate by his impugned order dated 27.10.70 has decided the question as to which of the parties was to receive the money which has been deposited by the receiver and he decided that the money was to be handover to t..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....mptors alleged that the concerned holding belonged to one Kasiran Nessa, who died leaving 2 granddaughters (sons daughters) Tamiran and another. Pre-emptor No. 1 is wife of pre-emptor No. 2. The wife claimed to have purchased 78 decimals land of plot Nos. 385 on 7, 5. 65 from Fazlor Rahman, Entaz Al......Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption&h......Laskar Vs. Begum Tayabnnnessa and others, (1966) 18 DLR 18, the question of joint deposit was noticed and it was held that the correct position in law with regard to joint deposit is that same sum of money in being deposited by both or either of them jointly. No objection can be taken by the petitio..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....luding the plaintiff and three daughters as heirs and on amicable partition amongst the heirs the plaintiff alone got the disputed land in his share and had been in possession as such. The defendants claiming to have purchased the land from the heirs of Faizuddin Haji on 6-1-66 started disturbing th......charya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....pplication under section 263 of the Succession Act, 1925 for revocation of the probate granted on 28-4-61. In that application it was stated that respondent No.1 Naresh Chandra Guha falsely claiming himself as full brother's son of the deceased Abani Mohan Guha, filed an application fo......District Judge, Barisal in Misc. Case No. 4 of 1970 arising out of probate cast No. 17 of 1968 there 2. The appellant filed an application under section 263 of the Succession Act, 1925 for revocation of the probate granted on 28-4-61. In that application it was stated that respondent ......ndi to pray for revocation of the probate. In rejecting the application of the petitioner the learned District Judge also considered that the property of the deceased had not been attached and in the money suit filed by the petitioner proper security had been given for realisation of the loan. ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......ssed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People's Republic of Bangladesh, under P.O. 67 of 1972 intimating the dismissal, from service of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the or......as mentioned that he took loan from the House Building Finance Corporation and the estimate of the Corporation was about Rs. 63000.00. He cited his outstanding loan by giving full particulars and the money that he received by cheque was also mentioned by mentioning all the cheque numbers. He further..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......ge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposal of the appeal, are that an area of 2.55 ac......R. 255 in which it was held that the Arbitrator in assessing compensation under the Emergency Requisition of Property Act 1948 (XIII/48) got no power to direct payment of interest on the compensation money. We have hardly anything to differ from that decision; rather we have followed it in a number ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....h her husband and their children has been in exclusive possession of the premises in her own legal and indefeasible right for more than 12 years. But still the S. D. O. does not accept the plff's claim and the plff. is threatened with eviction from the premises. Such actions will cause immense a...... appeal by the plaintiff Sreemati Tripti Lata Kar against the judgment and decree passed by the learned Additional District Judge, 1st Court, Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, plaintiffs right of permanent residence and that he is not liable to be evic...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....;s right of path way and accordingly the plaintiffs, in representative capacity filed the suit for permanent injunction against the defendant restraining them from interfering with the easement right claimed in respect of the suit land. 2. The suit was contested by the defendants denying the ma...... Respondents. Appeal from Appellant Decree No. 136 of 1970. Judgment Ranadhir Sen J.- This appeal at the instant of the plaintiff is directed against the judgment of reversal in a suit for permanent injunction. The plaintiffs, 17 in number filed a suit for permanent injunction restrai...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
....ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......r Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and for such or further order or orders as to this Court may seem fit and proper.
2. Facts giving r......s and Mistries of the Mechanical Department but this agreement was absolutely subject to final approval of the BJMC. It was also pointed out that the workers union had agreed to refund the additional money in case BJMC disapproved of such payment. Now BJMC has disapproved the agreement in question a..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 368(391). Lawyers Involved: ......mpton the point was, that a company governed by the Company's clauses Consolidation Act, 8-9-vict. c16, had sued the defendant who was a subscriber and not a shareholder for recovery of some call money. The statute made the company competent to sue the share-holders for the call money, the commo..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....eceive or invite offers or ask for the payment of any premium, salami, fine or any other like sum in addition to the rent, or (b) except with the previous written consent of the Controller, claim or receive the payment of any sum exceeding one month's rent of such premises as rent in a......t Division in First Appeal No.37 of 1975, dismissing the appeal against the judgment and decree of the Subordinate Judge, Third Court, Dacca in Title Suit No.123 of 1973 instituted by the respondents for evicting the appellant at a monthly tenant. 2. On December 4, 1973, the respondent filed t...... the month of October, 1973 which was offered by the appellant first on October 1, 1973 and then on October 6, 1973. Furthermore, having no other alternative the appellant remitted the rent by postal money order which was refused and returned to him on November 5, 1973. The appellant deposited the r..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
.... Custodian of Enemy Properly (L & B), Dacca, confirming in appeal an order dated 13.9.72 of the Sub-Divisional Officer granting lease of an enemy property to Respondents Nos. 5 to 7 rejecting the claim of the petitioner who has been in possession of the land as the lessee continuously for 5 year...... Khan Chowdhury J
Habibullah........................................Petitioner
Vs.
Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh & others......................................Respondents
Judgment
J......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....ong for recovery of Rs. 82, 307-15-9 on account of damage to and loss of the goods imported and also for loss of profit as a result of the negligence of the respondent. The break-up of the total claim under different heads was shown in the schedule to the plaint as follows:— ......"S.S. FIR-DAUSA" belonging to defendant-respondent No.1. After its arrival at Chittagong on February 28, 1951 the ship discharged goods on and from March 3, 1951 to March 5, 1951. The aforesaid goods were found in a damaged condition and the appellants went to the Jetty on March 4, 19......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....he learned Advocate for the defendants appellants had submitted that there cannot be any adverse possession as against the minors during the period of their minority unless such adverse possession is claimed from the date of the attainment of their majority. The learned Advocate for the plaintiffs-r...... M. Husain J.- This appeal at the instance of the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
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