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Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ants Nos. 30 to 34 in that suit got the remaining portion of the suit plot. Thereafter pro forma defendant No. 6 sold his remaining share in the plot to the plaintiff and the plaintiff and the became owner of 16 annas share of the suit land and since then he was in possession of the same asserting h......ts. Vs. Taser Ali Fakir & another.................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires ......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....e defendant alone ran the business as proprietor of the business. Income tax return, assessment order, tread license all lead to the conclusion that during this period the defendant was the sole owner of this business, (iii) The next period is between December, 1971 to 1975. During this period ...........Respondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....be said that the plaintiff appellants have acquired title in the suit premises by adverse possession……..(16) The appellants entered into the premises with the permission of the owner who allowed it to be requisitioned by the government. The property is still under acquisitio...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees.......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....estruction of his house by them on the relevant day, March 4, 1969. It appears that in addition to the Criminal Case started on First Information Report immediately after the incident, Nurul Huda, owner of the house, filed a Civil Suit, three years after the incident, claiming damage In his plai......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, 1984. The Evide......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....t the words ''bona vacantia" in the Administration of Estates Act, 1925 are merely descriptive. The Crown takes directly by succession under that paragraph and not by any prerogative right to ownerless property under which, but for the statute, it would otherwise have taken. It will be erro......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
.... From the facts as stated above we do not find anything which called for invoking the provision of sub-section (2) of section 19. The transfer was made under a registered sale-deed by the undisputed owner of the premises, and nobody questioned the appellants' purchase of the suit premises either. A......ndents Judgment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit p......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of actual ......XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of act...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....tish national holding 10,000 shares, (3) Arif Ahmed, a Bangladeshi national holding 3,500 shares and (4) Abdul Wahed Ibrahim, a Bangladeshi national holding 5000 shares. Appellant company being the owner and possessor of the building at 35-36, Bangabandhu Avenue mortgaged the said properties wit..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......al holding 10,000 shares, (3) Arif Ahmed, a Bangladeshi national holding 3,500 shares and (4) Abdul Wahed Ibrahim, a Bangladeshi national holding 5000 shares. Appellant company being the owner and possessor of the building at 35-36, Bangabandhu Avenue mortgaged the said properties with the then ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....f 1973 in the 4th Court of Subordinate Judge, Dhaka for specific performance of contract. His case is that he entered into an agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed property to sell it to him at a consideration of Tk. 1,00,000/-. On payment of......ant Vs. Bangladesh, represented by the Secretary, Ministry of Public Works & Urban Development …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Ri...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
.... a party to the suit is in sole occupation. The Court may, of course, allow the parties in exclusive possession to elect to pay an occupation rent to others. But it may require security from the co-owner in exclusive occupation to account for their share of the rents to the other co-owners. Furt......d, therefore, be exercised only in extreme cases. Where there is not merely apprehension of possible danger but the peril or danger to the property in question appears to be great and imminent, such appointment may be made………….(13) There is no ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... is No. 4. Asad Avenue, Mohammadpur, Dhaka. It consists of several rooms. The appellant has been occupying one such room as a monthly tenant and running a business there from the time of the previous owner, one Mrs. Amirunnessa. The respondent got title and possession of the entire premises by purch......Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24, 1983. The finding...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....al shares and while they had been in possession of the same, Hazera Bibi sold her share of the suit land to Aziza Bibi by a registered sale deed dated 24.2.1970 and thus Aziza Bibi became 16 annas owner of the property. The said Aziza Bibi while in peaceful possession of the suit property contra......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
.... such premises have been created or are owned by the person to whom such occupation is liable to pay rent for such occupation. Mere "using of his own materials” does not make the tenant owner of the land as well as the structures. The materials were used because the landlords were not...... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuo......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....ble u/s 405 of the Penal Code In case of partnership every partner has dominion over the partnership property by reason of the fact that he is a partner. It is a kind of dominion which every owner of the property has over his property. But it is dominion of the kind which satisfies the requ...... The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....ant was an ejectable monthly tenant under the plaintiff's predecessor at a monthly rental of Tk. 68.00; that at the time of the kabala the vendor introduced the plaintiffs to the defendant as the new owner of the suit premises; that the defendant is a worst defaulter, he did not clear rent in time t......ance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....iefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co‑accused), had left for Pakistan immediat......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....ed of exchange and power of attorney were all false and fraudulent documents as Proddyut Kumar Bose had all along been living in the then East Pakistan and then in Bangladesh and continuing as the owner of the disputed property. 20. It maybe observed that from the position taken by respo......ity and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....ccordingly the suit was deecreed. 6. On appeal by the defendant die learned subordinate Judge reversed the decree upon the findings that even if the plaintiffs purchased the land from the actual owner it was not proved that they purchased the suit premises and the suit ghar, and further that th......nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kutubuddin Ahmed..................................Appellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....a sold his remaining interest, that is '25 acre, to respondent No.1 and his brother on 23rd August 1969 and thus the respondent became a co-sharer in the holding in question and as a co-sharer and an owner of contiguous lands he was entitled to pre-empt the land sold in auction on 12th December 19...........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court D...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... Khulna against defendant Ashutosh Debnath for specific performance private complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owner, the said Ashutosh. The suit was, however, dismissed on merit by a judgment merit dated 15 Sep...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
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