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Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......legation made in the charge sheet by the police may by set out in the language made by the police officer; "The gist of the case is that on 31-1-76 Mr. Nuruzzaman and others submitted a written complaint before S.D.O (S) Noakhali alleging that the labour Sardar, contractor in connivance with O/C ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....inst a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......gment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaintiff's case in brief is that the land in suit comprises a plot of land being C. S Plot No.310 m..Category: Property Law | Date: | Hits: 97
....vil)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (forÂmerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 19......
21. These definitions are in very general language irrespective of the nature of the land in relation to which the said terms were defined. It may be mentioned that in 1929 a proviso was added by an amendment of the Act, to the definition of tenant in section 3 (17), by which a class of share-cropÂ......lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....e the Death Reference being No. 50 of 2005, and Jail Appeal No. 421 of 2005 have arisen out of same judgment and order dated 27-4-2005, hence the Death Reference and Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM wh......tence in a case under sections 302/34 of the Penal Code, law has been amended in India as per act 2 of 1974 and normal sentence for murder is no longer death in India. In Bangladesh there has been no amendment as yet. As per the decision in the case of Nawsher Ali Vs. State, reported in 39 DLR (AD) ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....s Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For the Appellants. None appears - For the Respondents. Appeal f...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......ate - For the Appellants. None appears - For the Respondents. Appeal from Original Decree No. 249 of 1997. Judgment Mashuque Hosain Ahmed J. - This first appeal has been preferred by the plaintiff appellants against the judgment and decree dated 24-7-1997 passed by the learned Subordina..Category: Property Law | Date: | Hits: 71
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
...., Senior Advocate (with Rokanuddin Mahmud, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......etitioner himself filed Other Suit No.32 of 2005 on 28.02.2005 in the Second Court of Joint District Judge, Chittagong, making self-same averments and seeking self-same relief, as is evident from the plaint of the suit, Annexure-VI and the learned Judges erred in law in not holding that on this grou..Category: Property Law | Date: | Hits: 79
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
.... by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Yusuf Hossain Humayun, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.682 of 2011. (From the judgment and order dated 17.1.2011 passed by the H......intiff-bank to amend the plaint enabling it to strike out one of the borrower companies along with the claim against such borrower. The High Court Division also directed the Artha Rin Adalat to allow amendment of the plaint in the light of the observations made in the judgment. 4. Mr. Abdul Baset......phant Road Branch, Dhaka, filed Artha Rin Suit No.439 of 2008 against Mampower Ltd. (present petitioner) and others for realization of outstanding loan of Tk.1556.30 lac only stating that it owes the plaintiff bank Tk.1492.03 lac, and the defendant No.2 Superior Builders and Engineers Ltd. owes the ..Category: Procedural Law | Date: | Hits: 112
....al, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as ......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186....... decree dated 12-1-85 (decree drawn on 16-1-85) passed by the learned Munsif, Savar in Title Suit No.153 of 1984 dismissing the suit.
2. Maran Mondal, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subseq..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....ated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.22......here is a decree then the decree could be executed previously by imprisonment and also by attachment of the property of the defendant if the judgment-debtor is unwilling to abide by decree. But since amendment in 1923 the provision for imprisonment is omitted and it can be enforceable only by attach......le Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o Munsif, Chandpur and on transfer t..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....the judgment and decree dated 8-8-93 passed by the Family Court Judge, Sadar Noakhali, in Family Court Suit No.47 of 1991 decreeing the suit in part. 2. The petitioner wife as plaintiff filed the aforesaid suit for her prompt dower and maintenance for herself and for her baby son alleging, inter ......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......med, Advocate — For the Petitioner. AKM Abdul Malek, Advocate — For the Opposite Party. Civil Revision No.2337 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls ..Category: Family Law | Date: | Hits: 152
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....nt of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the ......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......g the enrolment of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In..Category: Trust/Waqf Law | Date: | Hits: 136
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
.... is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali Vs. Mohd. Mokarram Hossain, (1977) 29 DLR (AD) 185; Tamlin Vs. Hannaford, 1950 (1) K.B 18; State Trading Corporation of India Vs. The Commercial Tax Officer, A.I.R. 196......on the Jute Mills Corporation, the relationship between the ResÂpondent employee and the company, on the assumption of such power, does not change. In this connection if the subsequent legislaÂtive amendment of Article 4 is looked at, which was brought about by Ordinance No.25 of 1976, it will be ......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....h Court Division is well founded in law in reversing, in a second appeal, the conÂcurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 o......on remand for determinaÂtion of this question only. But the plaintiff feeling aggrieved moved this Court and obtained leave to appeal from that order for remand contending that in view of subsequent amendments of section 9(1) the requirement of previous permission for transfer of any land not excee......ial leave is whether the High Court Division is well founded in law in reversing, in a second appeal, the conÂcurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This ari..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
....strate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and convicted him and sentenced him to suffer rigorous imprisonment for 5 months and to pay a fine of Tk. 200/- in default to suffer rigorous imprisonment for 1 month m......llant by a Talaknama dated the 15th Jaistha, 1350 B.S. and thereafter he married his second wife on 17.8.75. 5. Facts are not in dispute. The only quesÂtion is whether in the absence of necessary amendment of Muslim Family Laws Ordinance, 1961, Arbitration Council as contemplated in the said Ord......ected against the judgÂment of the High Court Division in Criminal Revision No. 369 of 1979. 2. Facts are as follows: The appellant who was the first wife of the respondent filed a petition of complaint under section 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 alleging that during the su..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
.... and Forwarding Agent, was originally assessed income tax on 22nd July, 1950, on a total income of Tk. 44,702/-. On February 16, 1962, notice under section 34 of the Income Tax Act was issued upon it for re-assessment, the ground being that it was under-assessed for the year concerned. The assessee ......wered the Income Tax Officer to issue a notice under section 34 (1) at any time, notwithstanding at the time of issue of such notice the period of 8 years specified in the said sub-section before its amendment had expired. He submits that the learned Judges of the High Court Division arrived at an e......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. Aftab Hossain, Advocate on Record - for the responÂdents. K.A. Bakr, Attorney General. A.W. Bhuiyan, Additional Attorney General &am......retation candidly conceded that there is need for legislative measure in removing the anomaly. 9. In this connection Mr. Aminul Huq, who appeared on behalf of the appellants, informed us that some amendments of the revisional powers of the High Court Division under section 439 of the Code of Crim......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....his appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appelÂlants for declaration of their title and for confirmation of possession in some portion of the land in sui......the suit in their absence. An application for amendÂment of the plaint has been filed in this Court on behalf of the plaintiffs for addition of cerÂtain persons as pro-defendants and also for other amendments. 24. In the circumstances, we allow the apÂpeal in part by holding that the plaintiff......trial Court and dismissing the suit brought by the appelÂlants for declaration of their title and for confirmation of possession in some portion of the land in suit, described in Schedule 'A' to the plaint and for recovery of possession of the remaining land as described in Schedule 'B' to the plai..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....ancy Act as amended by President's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂ...... as by defendants No.144 and 146, on the contentions, inter alia, that the disputed lands were accretion to Government lands and that the Government had settled the lands with them. 5. After the amendment of sections 86 and 87 of the State Acquisition and Tenancy Act by President's Orders No.72......resident's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂants and for confirmation..Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....-For the Petitioners. Abul Kalam Mainuddin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos.1-13. Not represented- Respondent Nos.14-113. Civil Petition for Leave to Appeal No.681 of 2009. (From the judgment and order dated 15.01.2009 passed by the H......A. 468. Result: The judgment and order passed by the High Court Division affirming the judgment and order passed by the learned District Judge is set aside and the order of trial Court allowing amendment is restored. Lawyers Involved: Shaheed Alam, Advocate, instructed by Syed Mahbubar R......right of easement in the suit ponds. Hence the suit. 3. The defendants respondents appeared and contested the suit by filing a joint written statement denying the materials statements made in the plaint. On 16.05.2006, the petitioners filed an application under Order VI Rule 17 of the Code o..Category: Procedural Law | Date: | Hits: 100
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....out of same Judgment let both the Rules be disposed of by this single Judgment. 3. The petitioner here as plaintiff filed Title Suit No.63 of 2003 in the Court of Assistant Judge, Feni Sadar, Feni for declaration that the gift deed No. 6457 dated 25-11-2001 registered with Feni Sadar Sub-registry......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......hould not be set aside. 2. Since the two Rules were issued and two revisions were filed out of same Judgment let both the Rules be disposed of by this single Judgment. 3. The petitioner here as plaintiff filed Title Suit No.63 of 2003 in the Court of Assistant Judge, Feni Sadar, Feni for decla..Category: Family Law | Date: | Hits: 167
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