Act/Law wise: Judgment of Supreme Court of Bangladesh (HCD)



Hindu Law/ Mulla's Principle of Hindu Law
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Hindu law

Hindu law does not apply where a person enters into a religious order renouncing all worldly affairs, his action is tantamount to Civil death, and it excludes him altogether from inheritance and from a share on partition. ...Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors, (Civil), 17 SCOB [2023] HCD 154 ....View Full Judgment

Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors 17 SCOB [2023] HCD 154
Hindu law

Hindu law r/w
Caste Disability Removal Act, 1850
Bangladesh Laws (Revision and Declaration Act, 1973
It is pertinent to note that Hindu law is religious law, the right to property is made by that law dependent upon the observance of the tenants of that faith. Consequently, a lapse from orthodox practices of Hinduism would under that law entail forfeiture of the caste and all rights to property and inheritance. Renouncement of religion has a disability, but after the passing of the Caste Disability Removal Act, 1850 (Act XXI of 1950), change of religion is no ground of exclusion of inheritance. But after the repealing of the Act XXI of 1850 by the Bangladesh Laws (Revision and Declaration Act, 1973 (Act No. VIII of 1973) the persons converts into another religion are now forfeited from the inheritance and from the joint family property and fathers property. ...Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors, (Civil), 17 SCOB [2023] HCD 154 ....View Full Judgment

Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors 17 SCOB [2023] HCD 154
Hindu law of inheritance

Hindu law of inheritance
According to the Hindu law, there is no scope to inherit property by a daughter when a son is alive. .....Sufia Bewa and ors Vs. Md. Aminul Islam and ors, (Civil), 19 SCOB [2024] HCD 85 ....View Full Judgment

Sufia Bewa and ors Vs. Md. Aminul Islam and ors 19 SCOB [2024] HCD 85
A plaintiff’s failure never

A plaintiff’s failure never means that the defendant is the lawful owner of the subject matter:
On a contradictory claim of title on land between the plaintiff and defendant, if the plaintiff fails, everyone thinks that the claimant-defendant is the owner of the suit land. It is absolutely a wrong notion and misconceived social psychology. A plaintiff’s failure never means that the defendant is the lawful owner of the subject matter. In a case like the present one where the defendants, besides resisting the plaintiffs’ claim, fail to establish their lawful title over the suit land, they should not be allowed to continue with the possession, if any, over the same. .....Sufia Bewa and ors Vs. Md. Aminul Islam and ors, (Civil), 19 SCOB [2024] HCD 85 ....View Full Judgment

Sufia Bewa and ors Vs. Md. Aminul Islam and ors 19 SCOB [2024] HCD 85