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Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....o in their turn sold the same to Pitamber by kabala dated 26 Chaitra, 1304 B.S. Ext B(1). Pitamber died leaving 3 sons from whom the property devolved upon Raj Mohan and others by inheritance. They exchanged their lands including the suit land with defendant No. 1 by a deed of exchange dated 22.2,......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..Category: Property Law | Date: | Hits: 43
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.... by the election officials. 4. The appellant contested the election petition by filing a written objection denying all the material allegations made by the respondent. 5. Several witnesses were examined on either side and documents proved in support of respective cases. During the pendency of ......tab-Advocate-on-Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him) instructed by Sharifuddin Chaklader-Advocate-on-Record--For the Respondent. Ex-parte- Respondent Nos. 2-13. Judgement: A.T.M. Afzal J. - This appeal, by special leave at th......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....ove." 5. Leave was granted to consider whether the approach that was made by the High Court Division was correct in view of the nature of the suit and the contention that even if any area is lo be excluded that could be done in the final decree itself but that does not call for setting aside the ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inception. Considering changed circumstances the Court may modify, extend or even disallow a right based on a custom that was otherwise reasonable at its inception, if......with him), instructed by Syed Sakhawat Ali, Advocate- on- Record- For the Appellants. Rafiqur Rahman, Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 1......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
.... The plaintiff and the defendant both took the position that Hindu law is applicable in their case. A court of law does not decide a point in vacuo. Where there is no controversy, the Court is not expected to lay down a law on supposed controversy. As for the other questions whether the parties s......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..Category: Property Law | Date: | Hits: 32
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
.... evidence as held by the High Court Division and on such finding the suit ought to have been sent back on remand as it is a suit for partition. Thus the suit is sent back on remand with permission to examine witnesses in support of the document already proved. However the Heba-Bil-Ewaj having been d......vocate, instructed by Md Aftab Hossain, Advocate-on-Record. -For Respondents 1(a)-(chha) Dead Substitution exempted vides order dated: 18.11.86. - For Respondents Nos. 35 (chha) 36 and 49. Ex parte—For Respondents Nos. 2-35(ch) 35(ja) ,35(Ta), 37-48 and 50-64. Civil Appeal No. 66 of 198......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
.... purchase Vender's guard, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took deliver) of possession through court on 27th May, 1951 in execution of a decree for eviction, passed in that suit. 3. Thereafter the plaintiff possessed th......vocate-on-Record—For the Appellant. Respondent Nos. 1 & 4-Dead; Azizur Rahman Chowdhury, Advocate, instructed by Miah A. Gafur Advocate-on-Record-For Respondent Nos. 2-3 & 5-7. Ex-parte — For Respondents Nos. 8 to 23. Civil Appeal No. 125 of 1983. (From the judgment and ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....igh Court Division Jessore Bench, in Criminal Revision No. 66 of 983 and Criminal Revision No. 68 of 1983.) Judgment: Badrul Haider Chowdhury J.-I regret that I could not subscribe to the view expressed in the judgment by my learned brother S. Ahmed, J. 2. Facts are given in the judgment, ......d by Ranesh Chandra Maitra, Advocate-on-Record. – For the Appellants. B. Hossain, Assistant Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record. - For Respondent Nos. 1 and 2. Ex parte - Respondent No.3. Criminal Appeal No. 17 of 1986. (From the judgment and order dated ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....0 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......ile Mills was a nationalised enterprise placed under the management and control of this Corporation and as such his service was governed by the Corporation's Employees Service Rules. The order of his dismissal as a worker under the Labour law was illegal and void. In his plaint he sought for a decl..Category: Labour and Industrial Law | Date: | Hits: 122
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....r was terminated, a sub-lease in favour of defendant No. 2 by the tenant cannot be said to have subsisted. Since the basis of the right of defendant No. 2 to stay on in the suit premises is found non-existent, she cannot be allowed to defeat the appellants' claim to evict her from the suit premises ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....s sought to be enforced. 6. The case of Padam Sen and another V. State of U.P. AIR 1961 (SC) 218 arose out of a suit for realisation of money on the basis of a promissory note alleged to have been executed by the defendants in favour of the plaintiff. The defendants apprehended that the plaintiff....... Kar 85 CWN 915. Lawyers Involved: Khondker Mahbub Uddin Ahmad, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Appellants. Ex parte- The Respondents. Civil Appeal No. 32 of 1986 (From the Judgement and order dated 20th......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....n of the trial court and decreed the plaintiffs suit. It was observed that "such conduct could not constitute waiver of the respondent land-lords' right to receive rents by the 15th day of the month next following that for which the rent is payable." 8. The learned Judge observed:- "In the abs......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......een compelled to file rent deposit case No. 78/77 in the court of Rent Controller, Sylhet and have been depositing rent u/s 19(1)(ca) of the Premises Rent Control Ordinance. Hence the dfdt prayed for dismissal of the suit. 19. Thus even on the ratio of the case of M.A. Haque and the majority view..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....n officials. 4. The appellant contested the election petition by filing a written objection denying all the material allegations made by the respondent. 5. Several witnesses were examined on either side and documents proved in support of respective cases. During the pendency o......d—For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judg......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....ttlement of the land from the C.S. recorded tenant Nabin Chandra Mondal at a jama of Tk. 3/12/-anna in 1329 B. S. Radha Prasanna Biswas and others possessed the same after settlement and thereafter exchanged the property with the plaintiff in 1356 B.S. and executed a general power of attorne......Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No. 18 of 1985. (From the judgement date...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....brothers Badrul Haider Chowdhury and MH Rahman JJ; and I concur with the decision of my learned brother MH Rahman J. Badrul Haider Chowdhury J. - I regret that I could not subscribe to the views expressed in the judgment by my learned brother MH Rahman J. 2. Facts are simple. Plaintiff is t......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....of her minor son defendant No. 4. The plaintiff also purchased the defendants' huts on the suit land and was residing there. He also made new huts there. As there was some legal difficulty in executing the kabala, the vendors being the members of the Minority Community, it was decided that ......ants. S. S, Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 1. Dead—Respondent Nos. 2, 4 & 5. Ex-parte—Respondent Nos. 3 & 6. Civil Appeal No 169 of 1983 (From the judgm......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....rt-fee is Tk. 15,000/- when the value of the suit is 11 lacs taka or above. That is, Tk. 15,000/- is the maximum limit of ad valorem court-fee payable under the Schedule even if the value of the suit exceeds Taka 11 lacs by any amount. The value of the appellant's appeal being Tk. 15 lacs, thirty-ni......nt No. 1. S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4—5. A.W. Bhuiyan, Additional Attorney General with B Hossain, A......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....r, was found as not satisfactory— the learned Deputy Attorney-General was asked to furnish another affidavit affirmed by the Additional Deputy Commissioner (Rev), Pabna "to specifically explain the delay and identify the delinquent in causing such delay". The affidavit, affirmed ......hammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 97—16 DLR (SC) 155. Lawyers Involved: B. Hossain, Advocate on Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No 60 of 1985. (From the judgment and......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....ons (Rehabilitation) Ordinance, 1964 was obtained by the appellant. Preliminary decree which was passed on 25th August 1966 was made final on 28th February 1967. Appellant put the final decree into execution on 1st March 1967. 3. One Badsha Miah filed an objection under section 47 of the ......in, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the Respondent Nos. 2—6. Civil Appeal No. 17 of 1985. (From t...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....sp; M. H. Rahman J. - The appellant entered into a contract with respondents Nos. 1-4 for supply of bricks. A deed of agreement was executed on 20th June, 1975. Subsequently a dispute arose between the parties and the matter w...... Miah A. Gafur, Advocate-on-Record.—For the Appellant. Khalilur Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For respondent Nos. 1 and 3. Ex-parte.—Respondent Nos. 2 and 4-6. Civil Appeal No. 91 of 1984. (From the judgm......pellant filed an application under Order 47, rule 7(2) of the Civil Procedure Code read with section 151 of the Code of Civil Procedure for restoration of the case after vacating the order of dismissal. The learned Subordinate Judge held that the appellant was prevented by sufficient cause ..Category: Civil Law | Date: | Hits: 84
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