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Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....ded that the defect in the notice was a mere irregularity which can be corrected by extending the period of notice. In other words, there is a defect in the notice. We do not think that it is fit and proper to allow the landlord-appellants to reap the benefit of an entirely different argument at thi......991) 98. ......below, but With regard to the notice under section 106 of the Transfer of Property Act it clearly noted that the learned Advocate for the present appellant frankly submitted that the notice was not a legal and valid notice. The High Court Division held that in the absence of a valid termination of t..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e plaintiff appeared in that suit and 16.5.73 was fixed for filing written statement. Thereafter there was talk for compromise and in that suit defendant No.1 admitted to have agreed to sell the suit property to the present plaintiff and he also admitted delivery of possession of the suit property i......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......a on receipt of' the balance consideration money but the defendant No.1 did not show any interest to do so. Thereafter the plaintiff approached his relation Al-haj Mohammad Ali, Advocate, to take legal steps in the matter and made over the bainapatra and the receipt to him for the purpose. Then ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....d unless such presumption is rebutted the accused cannot be convicted. In the instant case benefit of doubt has been given by the Trial Court to accused Ramizuddin and that benefit of doubt was given properly on consideration of evidence on record and as such it should not be interfered with. 4......sar Ali J Ataur Rahman & others ...............................Appellants Vs. The State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected fo...... that condition laid down in section 509A Cr.P.C. does not stand satisfied in the instant case and as such Post‑mortem report is not admissible in the evidence and it was admitted in the evidence illegally. In support of this contention the decision in the case of State Vs. Mokbul Hossain, reporte..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ...... Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: ......r who is the sitting Chairman of Raipura Upazila Parishad has moved this petition under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh, calling in question the legality of rejection of his nomination paper by the Returning Officer, which he had filed for the p..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
.... 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 Special Powe......e 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 Special Powers Act and a person can not be convicted under section 16 for committing theft of such property…&hel......was loss although apparently to the Irrigation Project but ultimately it was prejudicial to the economical and financial interest of the State and as such the order of conviction u/s 16 of the Act is legal. Mr. Huq cited the decision in the case of Tamiz Hia Vs. Govt. of Bangladesh reported in 33 DL..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the relevant time, she w......custody very miserably. The detenu could not be free from undue control and influence of the accused persons unless she is transferred from Gazipur jail to Dhaka Central Jail Since the detenu is in illegal custody in Gazipur Jai and since the detenu is a minor, the father being the legal guardian is..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....case are that the opposite parties as plaintiffs instituted a suit being Title Suit No. 68 of 1986 in the First Court of Subordinate Judge, Dhaka for a declaration of their 16 annas title to the suit property being a pond having an area of 8640 acre of CS plot No. 212 of CS Khatian No.12133 of Mouza......Petitioner 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 ......erty (being a tank measuring more than 4 bighas of land) is recorded in the khas khatian not of the Collector, Dhaka. Zamindar Manmatha Bennerjee purchased the estate including the suit tank from the legal heirs of Syama Sundari Dasya and thereafter Zaminder of Bhagyakul, Gunendur Krishna Roy Bahadu..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)
....h it was in possession of the plaintiff opposite party and the delay in making application for admission of that document having not been explained, the learned court below exercised his jurisdiction properly in refusing the amendment. In view of this fact the impugned order does not call for any in...... This Case is also Reported in: 43 DLR (1991) 77. ......n………….. (6) Admission into evidence of an registered document falls within the scope of Order 7 rule 18 of the Code of Civil Procedure The policy underlying this legal provision is to exclude evidence the existence of which at the date of the suit is doubtful an..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......ue J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Respondents Judgment May 30, 1990. Result: The Rule is di.......3.90 in pursuance of Gazette Notification issued by respondent No.1 as contained in Annexure‑B dated 1.3.90 is not declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner was a candidate in the election for the office of Chairman..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....l No.184/84 arising out of Title Suit No.56/84 of the Court of Subordinate 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.5......l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res......1 opposite party A.K. Murshed and thus defendant No.1 A.K. Murshcd became tenant under the plaintiff. As defendant No.1 became defaulter and as he sub-let a portion of the premises in the suit land illegally without permission of his land lady to defendant No.2 Ful Chand Mia and Rustam Ali Mia (pred..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....port of the Reference and also for the State in the appeals filed by the condemned prisoners, has submitted that in the facts and circumstances of the case the learned trial Court upon proper appreciation of the evidence of the prosecution witnesses along with the confessional stateme...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c......rate 1st Class on 24.10.82 at his chamber. The said confessional statement was marked Ext.4. The paper clearly manifests that the learned Magistrate recorded the statement observing all the legal formalities. The accused did not make any complaint of police torture and maltreatment an..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....stant case, It appears that the learned Munsif, now Assistant Judge has passed the impugned order rejecting the application of the defendants‑petitioners: after hearing both the sides and assigning proper reasons. When the instant suit was already fixed for peremptory hearing after settlement of a...... (1991) 79.
......84 in the Court of Munsif, now Assistant Judge, Upazila Iswardi, District Pabna contending, inter alia, that he was a prohari (Guard) bearing No. 8394 in the Bangladesh Nirapatta Bahini, but he was illegally suspended from his service by the departmental authority. Hence he filed the instant suit fo..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....ment for sale. The defendant No.2 who is the daughter of defendant No.1 filed petition before the Additional Deputy Commissioner (Welfare Mymensingh), defendant No.4 asserting her title to the suit property and seeking aid for getting possession by evicting the plaintiff there from. The defendant ......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen......fic point of time and admittedly the plaintiff having gone into possession by virtue of contract for sale and there being no specific pleading of Adverse Possession as such, the trial Court acted illegally in declaring title on the basis of adverse possession alone. The learned Advocate next con..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
.... and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper".
The Sessions Judge, Narayanganj in the instant case being only a Court of revisional jur......990) 79. ......rence was made to the Majority Act, 1875 the Guardians and Wards Act, 1890 and Child Marriage Restraint Act, 1929 (as amended in 1984) and it was submitted that her alleged conversion to Islam is illegal, unlawful and ab initio void that she being a Hindu minor is not legally competent in law to g..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ...... Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul Ka......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention i......Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available to the d..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....n view of the decision the two Redemption Suits. Against this decision leave was granted by us to consider the question whether the principle of res judicata was applied by the High Court Division on proper appreciation of facts and correct interpretation of law involved in this case. 6. Facts ......R (AD) (1988) 56. ......y of possession through court on 28 June 1923. But as he did not implead in his Mortgage Suit the second mortgagee in possession, namely, Pran Krishna, it is alleged, Sristidhar was going to initiate legal action against Pran Krishna to recover possession, but Pran Krishna amicably settled the matte..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
.....73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue ...... namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and approving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acre......of being heard. The initiation of the V.P. case and the approval of the lease in favour of the stranger respondents 6 to 9 and the declaration of the property as vested property were all arbitrary, illegal, malafide and without any sanction of law. Upon the said facts and circumstances the petitione..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....ansferred to the Second Court of Subordinate Judge of that place and was renumbered as Title Suit No.4 of 1982. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in the cust......ip;………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the ...... the ex-parte decree upon fraudulent suppression of summons showing a false settlement of the land in suit by opposite party No.2 in favour of Taramoni, the mother of defendant No.1. The property was legally and properly declared as Enemy Property in E.P. Case No.667 of 1967-68 and leased out to dif..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ied Fulson after the death of her first husband. Fulton also died leaving son Afezuddin, 2 daughters Aiful (through her first husband) and Lal Baru, Aiful inherited 18 gandas and 3 karas share in the property and sold the same to Kinu Bhuson, benamder of Rajendra Chandra Das and Khirod Chandra Das R......lso Reported in: 39 DLR (HCD)(1987) 228. ......firmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in vested Property case in respect of the suit land was illegal. His case was that the suite land measuring 3.15 acres appertaining to C.S. khatian No.749of K..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
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