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Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....osure of defendant No.1 Radhika Jiban Sit that a stamp paper and cartridge papers, purchased earlier on 17th February, 1967, were available for writing the documents the scribe Asmat Ali wrote the agreement to sell at the direction of the defendants. Defendants 1-3 signed the document and d......llip;………………………………………Respondents Judgment March 31, 1987. Cases Referred to- Altafur Rahman vs. Tamijur Rahman, 30 DLR (SC) 236. Erfan Ali vs. Joynal Abedin, 35 DLR ......ndant No.1 Radhika Jiban Sit that a stamp paper and cartridge papers, purchased earlier on 17th February, 1967, were available for writing the documents the scribe Asmat Ali wrote the agreement to sell at the direction of the defendants. Defendants 1-3 signed the document and defendant Nos...Category: Property Law | Date: | Hits: 50
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... deposed that by questioning the prisoner and giving him caution and reasonable time for reflection he was satisfied that the prisoner made the statement voluntarily. This statement is in full agreement with the oral statement of Nausher given before P. W. Toyeb Ali and others, as state......llants' conviction and sentence of death under section 303/34 of the Penal Code, passed by the Additional Sessions Judge, 3rd Court, Khulna, on 23 May, 1983. 2. The prosecution case relates to the murder of Sk. Elias, an inhabitant of village Satshika under Fakirhat P.S. of Khulna distri...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
....
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.
...... Division
(Civil)
Present:
F.K.M.A.
Munim CJ
Badrul
Haider Chowdhury J
Shahabuddin
Ahmed J
M. H.
Rahman J
A.T.M.
Afzal J
Priyatosh
Talukdar…………………………..Appe......; Badrul Haider Chowdhury J.
- The
question is whether the execution case being Miscellaneous Case No 47 of 1967
in the First Court of Subordinate Judge, Chittagong can be proceeded with so as
to sell the property in question in execution of the decree, when such property
had been found to be e..
Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ...... State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The Appeal is allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhubo......-Officer or to the Magistrate. This appears to be a mere omission, for, it is the Defence, which itself proved the 'motive' by suggesting to her that after the death of her first husband she tried to sell out the landed property but was prevented from doing so by Lalu's father. Sudden inÂtroduction..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......llip;.Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent Judgment November 9, 1986. Cases Referred to- AIR 1954 Call 208,34 DLR AD 25, AIR 1957 SC 354; AIR 1963 SC 780; Makhan Lal Chakraborty......8 of 1985 against the respondents challenging the validity of Government orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers to sell the aforesaid property. Appellant succeeded in obtaining a Rule Nisi issued upon respondent N..Category: Property Law | Date: | Hits: 31
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....bsp; 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 an...... Present: F.K.M A. Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Foo......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....eÂdiately." This rent was paid on 25th Baisak 1390 B.S, corresponding to 9.5.83. It may be noticed in course of proceeding before the High Court Division the respondent contended as per the lease agreement the rent was due on 15th Falgoon 1389 b S. The learned Attorney GeneÂral pointed out that......d.....................Appellant Vs. Bangladesh & others…………………………………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarw......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......TM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman CorpoÂration......................Respondent Result: The appeal is dismissed. Cases Referred to- Balkrishan Das v. Legge, 27 LA. 58; Abdul Nabi Vs. Bajan Sahib and another, AIR 1944 (Mad) 2...... meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that the transaction under the conveyance, Ext. 1, was not a sale but was a mortgage, that he did not sell the land to the Homeland Insurance Company but had mortgaged it to the Company as a security of..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... receipt or a revenue receipt. 3. The assessee claimed that the amount of Tk. 1, 50,000/- was compensation paid by the Pakistan River Service Ltd., for premature termination of secretaryship agreement which was executed between the assessee and B.R.S. Ltd., for 10 years commencing from 196......peal by special leave is directed against tae judgment and order passed by the Division Bench of the High Court Division, Dhaka, in Application No. 24 of 1983. 2. Leave was granted to consider the question whether the amount received by the respondent assessee on account of term......ding to the circumstance, for instance, the amount received as consideration for the sale of a plot of land may ordinarily he capital receipt but if the business of the recipient is to buy and sell land it may well be his income. 11. In determining whether the particular receipt is a..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....P.O. No. 128 of 1972. 5. Facts, as stated above, make it clear that Sangstha granted the loan of Tk. 70, 00, 000/-to respondent No. 2 for the acquisition of two coastal vessels. A tripartite agreement as quoted above was entered into between the Sangstha, respondent No. 1, appellants and ......lant No. I for construction of the above mentioned cargo vessels. On 28th September 1980 a tripartite contract was made between appellant No.1, respondent No.1 and respondent No. 2. According to the terms of the contract as quoted below, appellant No.1 undertook to contract two vessels. The......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....d widow, alleged that the husband of defendant-appellant, Sufia Khanam, came to her house accompanied by a relation, Dabiruddin and requested her to sell the suit land to Sufia Khanam whereupon an agreement was reached for sale of the land for a consideration of Tk. 2000/-, that on the following......ip;.Appellant (in both the cases) Vs. Faizun Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965......aintiff-respondent, Faizun Nessa Chowdhury, an old widow, alleged that the husband of defendant-appellant, Sufia Khanam, came to her house accompanied by a relation, Dabiruddin and requested her to sell the suit land to Sufia Khanam whereupon an agreement was reached for sale of the land for a co..Category: Property Law | Date: | Hits: 86
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....at it has been impracticable to call a meeting in a manner in which such a meeting is ordinarily to be called………………..(18) The learned counsels of the parties having expressed their agreement on the terms placed before the Court with certain modifications of the orders passed by th......Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the compa...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....ed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the agreement……(12) Doctrine of estoppel applies to respondent nos. 1 (c) and 1 (e), who ha......………………………….Respondents Judgment December 12, 1985. Result: The Appeal is allowed. The Evidence Act, 1872 (Act No. I of 1872), section 116 Attesting witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, ......ing such a claim or resisting this consequences arising from the agreement……(12) Doctrine of estoppel applies to respondent nos. 1 (c) and 1 (e), who having endorsed in the resolution of selling the property, did not come forward to file written statement for contesting the suit, they a..Category: Criminal Law | Date: | Hits: 88
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....hereby destroying the custom of Salimabad. 100. It is common knowledge that hat is a part of our village life; social relationship is built on a hat day e.g. negotiations of all worldly affÂairs; agreement for buying or selling of land etc., in a word, all that goes to shape village life is moot......1978 was instiÂtuted in represÂentative capacity on behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particula......dy mentioned above. Section 2(12) defines a hat as follows: "hat" or ''bazar" means any place where persons assemble daily or on parÂticular days in a week primarily for the purposes of buying or selling agricultural or horticultural produce, livestock, poultry, hides, skins, fish, eggs, milk-pr..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
.... 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unlawful bargain…â€......l bargain……(13) Section 9 of the Ordinance provides that on mutual agreement municipal rent or tax is negotiable. It is payable either by the tenant or by the landlord, whatever is agreed to between the parties, can be a term of the tenancy. Such payment on agreement by the landlord will......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....ritten-statement of tae appÂellant by taking resort to the provision of secÂtion 152 C.P.C. 25. Section 97 C P. S. Case no manner of application in the facts of this case, We are respectfully in agreement with the Supreme Court of India when it said in Chittoori Subban a Vs. Kudapa Subbanna and...... Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged to the defendant Appellant, the property never being in controversy in the suit, the decree is liabl......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......of 1872), section 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the lan......suit denying the appellant's title altogether and setting up a rival claim of title himself on the basis of purchase from one Mohammadullah. He conÂtended that the original owner, Gagan Ali, did not sell the premises to the appellant under any kabala, like Ext.1. but Gagan Ali made oral transfer of..Category: Property Law | Date: | Hits: 37
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....ndent ComÂpany in Title Suit No. 193 of 1981; "(a) For having a full and true account of the monies advanced and received interest add other expenses charged by the defendant in terms of the loan agreement through a chartered Accountant to be appointed by the Court and after accÂepting the acco......led Miscellaneous Case No. 88 of 1974 under Article 33 of the Shilpa Bank Order, 1972 (President’s Order No. 129 of 1972) in the Court of District Judge, Dhaka for realisation of its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the aforesaid case was decreed on compro......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement between the Appellant and Respondent and such act is reprehensible………(27) Appella......eal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement between ......e it again." 9. The letter dated 20th January 1972 which was addressed to Hajee Mohammad Ali & Sons, appellant firm is as follows: "Dear Sir, Sub: Termination of the dispensing pump and selling licence agreement dated 2nd September, 1968. Our Filling station at Dhaka Trunk Road, Chitta..Category: Business or Commercial Law | Date: | Hits: 118
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
.... mainly based his claim on adverse possession since 1357 B.S. and contended that the suit is barred by limitation as well. 4. The trial court decreed the suit. It was noticed that Ext.D is a Bhara agreement and it mentions sub-letting of the premises only for one year. Further Ext. A and A (1) sh............. Respondents Judgment May 2, 1983. Result: The apÂpeal is allowed. The Civil Procedure Code, 1908 (V of 1908), section 100 Adverse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
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