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Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......creed the suit. There is no dispute that the plaintiff is a pardanashin illiterate lady. 3. In the case of Ayna Dasi Vs. Arena Bala Dashi and others reported in 12 DLR 603 it was held that "according to the established principle, in case of a document executed by an illiterate pardanashin ......ecovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a deed of gift dated 28.7.70 purported to be executed by the plaintiff in favour of defendant No. 2 and two sale deeds dated 31.7.70 purpor......dence on record to show that the plaintiff understood the contents and purport of the deeds of gift and sale; which were read over and explained to her, but the learned Subordinate Judge has erred in law in not holding that the deeds in question have been read over to the plaintiff and explained to ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... owner. In this case the plaintiffs had duly represented in the plaint that they acquired title by the kabala and the exchange deed as also by adverse possession for over 12 years. The learned Munsif accordingly found that the plaintiffs acquired substantial title in respect of the lands of the deed......ssion can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive possession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in 4.24 lands out of the suit land ......Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. .............Petitioner Vs. The State...................................................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR 96; Md. Mostafa Chowdhury Vs. Li......n 14 DLR page 96 in the case of Abul Hossain Sana Vs. Suwalal Agarwala and another wherein it was held by the Supreme Court of Pakistan: An express bar to fresh proceedings was not essential when the law provides for the exercise of jurisdiction by a Court the jurisdiction will be exhausted if it is..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ............Petitioner Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs.......e Acquisition and Tenancy Act as inserted by P.O. 88 of 1972 and amended by P.O.136 of 1972 and P.O.24 of 1973 reads as follows:— "95A. Notwithstanding anything contained in any other law for the time being in force, any transfer of a holding or of portion or share thereof, eith..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......) (HCD) 153 ......to 4 are enemies ^within the meaning of Defence of Pakistan Ordinance and Rules, 1965 being residents of India since long before the institution of the suit and there is no doubt that by operation of law the suit property has vested in the Assistant Custodian. The vesting having taken place dur..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....me lenders, that the petitioners have legal right to preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ......Das—For the opposite parties 1 & 2. Civil Revision No. 948 of 1982. Judgment Mohammed Habibur Rahman J. — This Rule at the instance of the 3 petitioners (who are pre-emptors in Misc. Case Nos. 82, 83 and 84 of 1982 under section 24 of the Non-Agricultural Ten......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....ave corrected the erroneous order dated 16 4.76 passed in ignorance of the date of death of the sole plaintiff. Mr. Chaklader submits that this is a fit and proper case where in the interest- of justice the learned Munsif should have exercised his powers under section 151 C.P.C. 6. I ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......Md. Sakhawat Hossain, the learned Advocate for the plaintiff submitted an application stating that the sole plaintiff was dead, .without stating the date of death. He further stated that as bis power to work as the advocate for the plaintiff had ceased, he was unable to take any step in the cas......rt, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the spit. (2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....t in possession as they are not paying rent for a long time. Non-consideration of this minor aspect of the case does not make the decision of the appellate Court illegal occasioning a failure of justice. I do not find any substance in the argument of the learned Advocate for the petitioner. ......zi and annulled all the encumbrances and, as such the Nim-Howla right of the predecessors of the plain-tiffs was extinguished and the land was brought under khas possession of the Government and accordingly the land has been correctly recorded in the name of the Government. The further cas......unsif, 1st Court, Barisal in Title suit. No.272 of 1977. 2. The opposite party Nos.1-3 as plaintiffs filed Title suit No.190 of 1975 in the Court of Munsif, Barisal for declaration of title to the suit property against the defendant-petitioner and the defendant opposite party Nos.5-31......ew of the fact that the trial court "presumed that the plaintiffs did not possess the land since auction purchase" on the ground of non-payment of rent by them, the appellate Court erred in law in allowing the appeal without altering the aforesaid finding of the trial court. There is no le..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 .........Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 1984. Result: The rule is made absolute Cases Referred to- Makbul Vs. Md. Idris (1969)21 DLR-511; Mir Laik Ali Vs. Standard Vacuum Oil (1964) 16 DLR 2......t), 1956 (East Bengal Act IV of 1956) and came into force on 13.4.56. There is nothing in the East Bengal Act IV of 1956 to indicate that the penal provision was given retrospective effect. The penal laws should be strictly construed and retrospective effect should not be given to such pro..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....sole mutwalli of the concerned waqf Estate. Mr. Sircar submits that an appeal under Section 32(2) of the Waqfs ordinance is therefore fully maintainable and he prays that in the interest of justice a direction may be given to the learned District Judge. Dhaka to convert the said revisional......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ......ion) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment January 24, 1984. ......d in the Code of Civil Procedure that a "Public Officer" is also Subordinate to the High Court Division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Adminis..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......tained through the instrumentality of the Court and maintained on the basis of orders of the Court must be construed to be the possession of the defendant. The present suit was filed on 2.8.1957. So, according to the learned Advocate for the defendant appellant, the defendant had acquired title by a......69=ILR 23 Mad 271 (P.C.) and 27 IA 147=ILR 37 Cal. (P.C.); Hemanta Kumari Basu Vs. Sree Iswar Sreedhar Jew, AIR 1946 Cal. 473=ILR (1946)2 Cal. 38=50 CWN 629; Hafiz Vs. Swamp, PLD 1947 (R.C) 239; Mahanto Ram Charan Das Vs. Nurangilal and others, 37 CWN 541=60 IA 124; Mahadeo Prasad Singh Vs. Karia Bh......ew that since alteration by the previous Mutawallis on the basis of kabala Ext. A in favour of defendant No.1 was void ab initio being in negation of the trust, the possession of the transferee was unlawful and consequently adverse from the very beginning i.e. from 3.5.1937, that defendant No.1 havi..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ...... commencement of the said Ordinance since, it was transferred to the Court on 26.08.1982 when the Ordinance was already on the Statute book as it came into force on 21.08.1982. As such according to the learned Advocate for the accused-opposite-parties, the transitory provisions o......Azizur Rahman Chowdhury—for the complainant-petitioner (In Criminal Revision No.140 of 1983). Nikfiilesh Duitta— For the Accused-Opposite Parties. A.F.M Shahid, Assistant Attorney General–For the State (In Criminal Revision No.140 of 1983). Criminal Revision No.......Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both the rules were..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ...... January 3, 1984. Result: The Rule is discharged. Withdrawal of criminal Case President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle fo......bsp;B.P.C. The date of alleged occurrence is 28-7-71. From the FIR it does not disclose anything that was done by the accused in connection with the National Liberation Struggle or for maintenance of law and Order to invoke the provision of P.O. 16/73. The offence complained of can in no way be conn..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ......ter the deed on receipt of the balance consideration money. The plaintiff has, therefore, been compelled to bring the suit against the appellant defendant company making the Government defendant No.2 according to the provisions of President's Order No. 42 of 1972. 3. The case of the appella......Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Inv......r No. 16 of 1972 read with the Bangladesh Abandoned Property Order, 1972 whereupon such business and properties of Imperial Chemical Industries (Pakistan) Limited in Bangladesh vested by operation of law in the Government of Bangladesh with the result that the Imperial Chemical Industries (Pakistan)..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....he Court to grant such temporary injunction in the present suit. Under section 151 of the Civil Procedure Code, the Court has the inherent power to make such order as may he necessary for the ends of justice. In the present case there is no such exigency of circumstances in which it can be said that......ourse of official business was made illegally suffering from error of law. Consequently the temporary injunction granted by the Courts below in this case is set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR......f Rajshahi University under Sub-section 5 of section 12 of Rajshahi University Ordinance XXVI of 1973. This order of ad-hoc appointment of Dr. Shah Alam by the Vice-Chancellor was not acceptable to Dean of Law Faculty of Rajshahi University who challenged such order by way of institution of a s......it before a Munsif praying for a declaration that such order of an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University was passed by the Vice-Chancellor without any lawful authority and consequently prayed for perpetual injunction permanently restraining the V..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 .......................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assu......company is Tk. 26 lakhs divided into 26 thousand snares of Tk. 100.00 each. It is stated that on the basis of a business arrangement Taiwa Company Ltd. a company incorporated under the laws of Japan (hereinafter called Taiwai) became a share holder of the respondent No.1 Com..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... was a forged document. The learned Advocate contends that the judgments of the Courts below suffer from illegality which has resulted in an error in their decision on merits occasioning a failure of justice and cannot be sustained. 6. Mr. S.C. Das, the learned Advocate for the respondents has,......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......ut of a suit for declaration of title by purchase in benami. 2. The plaintiff Abul Meah, since deceased instituted the suit alleging that the lands described in schedule 1 of the plaint belonged to one Ahmed Ali. Abul Meah purchased the same for a sum of Rs. 1,000/- from him in the benami of hi......uit lands after the purchase showing subsequent conduct of the parties and as such their finding of benami has been erroneous. The learned Advocate further submits that the Courts below have erred in law in relying upon the Muktinama Ext. 1 dated 20.3.67 even though the defendants had alleged that t..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ...... time of hearing of the appeal that the transferors Jyoti Prasad Rakshit and Tarun Tapan Rakshit (the only two sons of late Barada Prasad Rakshit) remained co-sharers in the holding after the sale as according to him, it appears from the deed of sale Ext.1 that they did not transfer the entire area ...... Whether any issue is raised by such denial— The doctrine of non-traverse which means that where a material averment is passed over by evasive denial without a specific denial, it is taken to admitted. Thus the material proposition of fact affirmed by the pre-emptors regarding 'the fa......ition of fact affirmed by the pre-emptors regarding 'the fact that if the pre-emption is allowed, the added land will not exceed the ceiling of land the pre-emptor are permitted to hold under the law has not been specifically and sufficiently denied by the pre-emptees….(18) Objection..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......, be an illegal order. Whatever the Sessions Court is required to do to ensure the presence of the informant and his witnesses by legal process, the Court must do and then proceed with the trial according to law. Law authorises the Sessions Court to pass an order of acquittal U/S 265 H Cr..............Petitioner Vs. Abul Kashem & others.............................Opposite-Parties Judgment November 19, 1983. Result: The Rule is absolute. Cases Referred to- Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96. Lawyers Involved: Md. Ansar Ali&md...... that the informant had lost interest in the prosecution. 11. In the olden days the Code of Criminal Procedure maintained a distinction between summons cases and warrant cases it was the settled law with regard to trial of a warrant case that it was not the complainant but the Court's duty ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abdul Hamid.........................................Petitioner Vs. Dbakeswari Cotton Mills Ltd. & others ............Respondents Judgment November 16, 1983. Resul......t Mustafa Kamal J. – These applications u/s. 171 of the Companies Act have been heard together and will be disposed of by the same judgment as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applications. By P.O..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
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