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Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
.... the facts are as they suppose to be, viz., that the attack on the plaintiff's title was not seriously made in the Court of Appeal, counsel's authority could not in any circumstances extend to an agreement to part with the plaintiff's right in the property over which the mortgage was claimed w...... a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The lower appellate Court modified the tr......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... 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. ......s Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal ...... constructed a building on the land and left it out to tenants. The Ministry of Works has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender..Category: Criminal Law | Date: | Hits: 57
Muzaffar Ali and other Vs. Government of BanglaÂdesh and another, 1991, 20 CLC (AD)
....he deed of exchange and the power of attorney said to be executed by him and maintained that the disputed property was neither an enemy property nor a vested property. On 31.1.75 he entered into an agreement with respondent No. 4 for sale of the disputed property and received Tk. 3,85,000/-. He d...... February 27, 1990. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1-3. A......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
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....sent case but here the appellant has been expressly acquitted under secÂtion 302/34). His Lordship noticed another Full Bench Case, Zamir Qasim and others Vs. Emperor, ILR 1944 All 403 and expressed agreement with the minority view delivered by Mulla J. in that case. According to Mulla J. the proce......17 and 423 The process of altering a finding in an appeal from conviction must operate only within the limits prescribed under sections 236, 237 and 238 Cr.P.C. and this process of alteration must stop whenever it comes up against a finding of acquittal and a finding of acquittal can be converted ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....nsif, Nilphamari for the aforesaid reliefs on the averments, inter alia, that the properÂties described in the schedule to the plaint previously belonged to Dinerdra Nath Ganguli who entered into an agreement on 11.8.19.66 with Dr. Aziz Meser Mohammad Ali for sale of the suit property. Upon executi......respondents getting eviction of the appellants on ground of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V.......cussion above there apÂpears 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
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....t had the knowledge that the Minister had already by his order dated 20th September 1985 cancelled the said lease. 6. On 2nd October 1985 respondent No.1 duly deposited the lease money and a lease agreement was entered into between respondent No.1 and the Additional Deputy Commissioner (Rev.), Ha......................Respondents Judgment April 20, 1986. Civil Appeal No. 18 of 1986 The Evidence Act, 1872 (1 of 1872), Section 115 Pleading unawareness is one of the most convenient ways to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, h......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....on of the liÂcence, removal of property and vacation of preÂmises as mentioned at para -11 above." 8. Knowing fully the import of the afore-Âmentioned terms the appellants entered into the agreement for licence. Their contractual right, based on the licence, is not amenable to the writ ju......e three appeals) Judgment May 18, 1986. Civil Appeal Nos. 10, 11 & 12 of 1986 The Constitution of Bangladesh, 1972, Article 102 Contractual right, based on the licence, is not amenable to the writ jurisdiction of the High Court. The appellants have failed to point out any violation of......to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....ranted lease of five Fisheries in Charandwip mouza within Chokoria Upazila in the District of Cox's Bazar for a term of three years from 1391 B.S. to 1393 B.S. by the UpaÂzila Fisheries Officers. An agreement was signed by the parties on 30th April 1984. Respondent No. 1, namely, Deputy Commissione......6. The Code of Civil Procedure, 1908 (V of 1908), section 151 Exercise of discretion It cannot be conceived that once a stay order is passed by the High Court Division it loses its discretion to vacate the same, even if it is satisfied that the same should be vacated. Further, in view of the......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....he State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from payment of rent is unacceptable as because......y Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and deÂcree 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. ......ate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case. Furthermore, the important fi......tenant in respect of the suit property and his right continued Mr. Khandker upon placing the recitals of kabala Ext. B(1) submitted that it was abundantly clear that Jamir Ali and others did not only sell taluki interest in the suit land as wrongly held by the learned SubÂordinate Judge but as a ma..Category: Property Law | Date: | Hits: 43
....up the matter for enquiry and necessary action. He forÂwarded the case to the Divisional Commissioner, Khulna who on his part forwarded the case to the Government with all relevant papers expressing agreement with the recommendation of the offiÂcers. The higher authority of the Government (it tran......espondents
Judgment
July 29, 1987.
Result:
The appeal is allowed.
The Arms Act, 1898 (XI of 1878), Sections 16 & 18
In the facts of the case we think it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought ......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....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. ......others............................Respondents Judgment November 2, 1987. Result: The appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other membe......ion Act comes up for consideration the jurisdiction of the Court is limited to questions relating to the rights of the co-sharers of the original undivided family to compel the stranger transferee to sell to the former the portion of the dwelling-house purchased by the latter. As was pointed out in ..Category: Property Law | Date: | Hits: 45
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....nt suit. 3. Defendant-appellants contested the suit by filÂing a written statement. Their contentions were that they took lease of the premises in the month of June, 1971 and according to an oral agreement reÂspondent used to collect rent of several months toÂgether and grant receipts ante-dat......ssain...............................Respondent Judgment January 18, 1984. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a t......rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....n 1.9.74. The second notice was issued under section 106 of the Transfer of Property Act and in paragraphs 2 and 3 it has been stated that the tenant illegally sublet the premises in violation of the agreement and further the landlord required the premises for bonafide requirement. Therefore, in par...... [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amount to waiver so as to entitle him to the protection against the consequen......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....his finding of the court of appeal below cannot be construed as a making of a new case as the kabuliyat Ext. 5(a) executed by the plaintiffs bargadar defendant No. 10 clearly indicates that the barga agreement was in force till 30th Chaitra, 1359 B.S. Defendant No. 10 was impleaded in the suit but h......ary 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants entered in to the suit land even on 30th Chaitra 13......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
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....e suit land. It was noticed that the plaintiff claimed to have purchased the suit land at a consideration of Tk. 3,000/- on 8.7.1974 but on evidence it was established that the defendant entered into agreement to purchase it at a consideration of Tk. 8000/- on 30.12.72. It was observed: "that he got...... Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back to the bainapatra dated 30.12.72 and in pursuance of which the document of the defendant was registe......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
....if it were the highest offer, he by that offer did not acquire any right to purchase the vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16)
Cases Referred to-
M/s. H. Ahmed Vs. M/s. H. ......Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right means a right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, acce...... to him" in terms of their Tender Notice. Appellant filed an application under Order XXXIX, rules 1 and 2, read with section 151, Civil P.C., for an injunction restraining respondent Nos. 1 to 3 from selling the vessel to anybody including respondent No. 4 till disposal of the suit.
3. Case of th..
Category: Business or Commercial Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....Enemy Property (Continuance of Emergency Provisions) (Repeal) (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defe......d within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of t......t the, section contemplated for preserving the Enemy Property in contemplation of arrangement to be made at the conclusion of peace, and the argument was that the purported transfer of shares and the selling of trade mark were not contemplated by the section. The question before the court was whethe..Category: Property Law | Date: | Hits: 47
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
.... perverse and in disregard to the evidence on record. The learned Assistant Attorney-General has also referred to another observation of the learned Judges in the same judgment which has come in full agreement with the trial Court's finding that the accused persons committed the criminal act with th......of 1860), sections 307/34 Reversal of the appellate Court's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
.... Defendant contested the suit on many grounds and challenge was given mainly on the principles of estoppel, waiver and acquiescence, the sum and substance of the defendant's case was that as, per the agreement the landlord would send his Karmachari to the suit shop for rent and in fact such rent use......Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case sig......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..Category: Property Law | Date: | Hits: 52
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