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Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
...."Reading the Act as a whole the intention appears to be firstly, that all rent receiving interest shall disappear, secondly, that so far as tenants are concerned, they will be entitled to retain possession only of certain categories of land which are retainable, and thirdly, that even in respec......hould not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a declaration to the effect that the suit land where cattle Market sits once in a week is not a hat within the meaning of section 2 of the Eas......ny order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......om shifting the cattle market from it's place to any other place, till the disposal of the suit. Defdts. contested the suit by filing written statement contending inter alia that the suit land in question is a regular hat within the meaning sections 2 of the East Bengal State Acquisition and Ten..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
...... to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......hahabuddin Ahmed J.
Badrul Haider Chowdhury J. - It is my misfortune that I could not persuade myself to the view expressed in the judgment of my learned brother Shahabuddin Ahmed J.
2. The question is whether the respondent had committed contempt of this Court. The allegation is that he w..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ...... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......indra, the second executor filed a suit for injunction being O.C. Suit No.66 of 1973 restraining Jalada from the disposing of suit property. In this suit Jalada Devi took the stand that the Will in question was a forged and fabricated document. It will be noticed at once that she took a stand whic..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......ed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ...... for default being not a judgment within the meaning of section 369 of the Code of Criminal Procedure, the Court has inherent powers to review and restore the Criminal Revision case. 3. The question that arises for consideration in this matter is whether the general principles of..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......ds be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......nce but in a different case altogether. He is functus officio in so far as the first proceedings are concerned but he is not functus officio in respect of the new proceedings. As a matter of fact the question of his being functus officio in the second prosecution based on a fresh complaint does not ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......hellip;…………Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes ......p;…Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes place before the starting of ......iple of law as enunciated in 29 D.L.R. (Dacca) at page 229 which applies with all force to the present case. 6. From the submission of the learned Advocate for the petitioners, it appears that a question of law has been raised squarely in this case and the same needs to be determined with refer..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ther accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ...... Assistant Attorney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ATM Afzal J. — Accused-petitioner Abdur Razzak obtained this rule calling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Cou..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....gment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal involvement by the accused in the process of adulteration of food- Mere possession of any alleged adulterated food in any premise by itself will not constitute an offe......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ...... absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......lf will not constitute an offence under Section 272 of the Penal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a particular person or group of persons in question were personally involved in the process of adulteration of food or selling thereof. Wh..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....ly, 1958 he had no right to enjoy the land.
3. The suit was contested by Arjun Kurmi who asserted that the suit land was leased out to him by the then Manager of the appellant and he had been in possession of the land for 25/26 years as a tenant. He was, therefore, liable to be evicted. Th......ne Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appellant prayed for declaration of title and khas possession of agricultural land measuring 10 bighas 7 kathas and 9 chataks which were given to Arjun Kurmi by the appellant on ......: 35 DLR (AD) (1983) 157.
...... it. It would be wrong to say that this document was a unilateral document, as was observed by the High Court Division. Further, the respondents' predecessor, having executed the document in question on accepting the terms and conditions mentioned therein cannot now be allowed to ..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ...... defendant No.1 pursuant to their father's contract. 5. The trial court decreed the suit, it declared the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the rema......ellip;………….Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: ......by the court after appointing a Pleader Commissioner within 30 days of the order and after considering the existing valuation of the lands and structures the court would decide the value at which the questioned property be repurchased by the plaintiffs and then the final decree be passed to give eff..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....e 2 and 3 of the Code of Civil Procedure alleging inter alia that the opposite parties violated and disobeyed the order of injunction granted by the learned Munsif on 18-8-1976 and by taking forcible possession of the suit properties. The said application was registered as Misc. Case No.41 of 1976. ...... Deputy Commissioner, Faridpur and the Additional Deputy Commissioner (Rev.) Faridpur as principal defendants for permanent injunction restraining them from entering into the suit land. The petitioner also filed an application for temporary injunction for restraining the principa...... This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......and Local authority, Land and Building (Recovery of Possession) Ordinance 1970. In that view of the matter, the Additional District Judge held, the injunction itself having been passed unlawfully the question of violation does not arises. Against the said order and judgment of the learned Addl. Dist..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
.... But the tenants continued to possess the premises without renewing or executing any fresh agreement. The Corporation ultimately determined the tenancies and requested the lessees to hand over vacant possession on the expiry of six months' notice on 30th November, 1976. As the lessees failed to ......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......nbsp;
......ahabuddin Ahmed with Shah Abu Nayeem and Maleka Parvin, Advocates— For the Respondents.
First Miscellaneous Appeal Nos. 26 and 65 of 1981.
Judgment
MH Rahman J.— As common questions of law are raised in these two matters, they have been heard one after another, and they a..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....the powers which it possesses for the purpose of its other civil jurisdiction". Section 2(1) runs as follows: "2. Colonial Courts of Admiralty. (1) Every Court of law in a British possession, which is for the time being declared in pursuance of this Act to be a Court of Admiralty......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......: 35 DLR (AD) (1983) 188. ......r Bankers to encash the performance guarantee as the defendant No. 2 failed to deliver the ship in afloat condition. The cause of action of the suit arose at Chittagong on 24.8.1981, when the ship in question was to be delivered at the port. Defendant-respondents were responsible for all the co..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......eared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
...... has challenged the subsequent tripartite agreement dated 21st April, 1980 as a forged document.
On behalf of the respondents it has been seriously contended that the matter involves complicated questions of facts and the matter cannot be disposed of in a summary jurisdiction under section ..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......i Begum had fallen in love with accused appellant Abdul Quddus and voluntarily fled away with him. The relations of P.W.2 Ferdousi wanted that appellant Abdul Quddus should give her (P.W.2) some landed property and a share in the taxi. He agreed to give 11/2 bigha of land and half share of the ......Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......e. He refers to the decisions in the cases of Shah Alam and others Vs. The Crown 10 D.L.R. 237 and Rameshwar Vs. The State of Rajasthan, (1952) S.C.R. (India) 377. In support of his argument that the question of corroboration by independent evidence arises generally in the case of a woman of full ag..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....nt Ranadhir Sen J. — This appeal at the instance of defendants 16, 18 and 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties along with a prayer for a......ot; A further prayer was incorporated that defendants 8 to 18 should be ordered to remove at their own costs, the constructions made by their predecessor in any portion of the disputed lands within the time fixed by the Court in default, the plaintiff be authorised to remove the said ...... This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......hing the aforesaid conclusion the learned Subordinate Judge found nothing wrong with issue No.3, 4 and 10 and accordingly answered the same in favour of the plaintiff. While considering the question as to the bona fides of the Will executed by Girish Chandra, the learned Subordinate Judge ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....2 of the Letters Patent of 1865.
9. In order to bring about uniformity between the jurisdiction of the High Court of Admiralty in England and the Admiralty Jurisdiction of High Courts in British possessions the British Parliament enacted the Colonial Courts of Admiralty Act, 1890. Pursuant to t......f 1891(Colonial Courts of Admiralty Act (India) 1891), the High Court Division of this Court was declared as the Court of Admiralty. This Court exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a clai......ert David (Bangladesh) Limited……………………………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others&hell...... these reported decisions relate to matters relating to the service of the employees of nationalized companies and they arose from the proceedings under Article 102 of the Constitution. The question whether a nationalized company can sue on its own without impleading the Corporation did no..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......er brought the case for preemption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a co-sharer in the holding Kalipada ......in: 36 DLR (1984) (HCD) 250 ......ter. This being so the present petitioner undoubtedly became a co-sharer in the holding two years before. So it is immaterial that the two kabalas was executed and registered on the same date and the question as to the time of execution and registration of the kabalas are equally immaterials. Thus i..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....er section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court deli......plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court delivered possession of the suit land in favour of the decree holder on 9-10-77. On 2-11-77 an application under order 9 rule 13 of t...... Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......defined. It relates to restitution in respect of a decree or property covered by the decree. It does not contemplate any investigation as to the extent of decretal land or its identity as is the question in the instant application under section 144(1) C.P.C. and the apparent restriction is clar..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
....to show cause as why he should not be committed for contempt of Court.
2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directed the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthoriz......arayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he along with his mother, wife and children had been living on the said land, peacefully when Respondent Nos. 1 and 2 taking recourse to Martial Law Regulation started a ca......
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
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