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Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....e for interfering with the judgment of the trial Court and that memorandum of appeal also does not disclose in which respect the trial Court was in error or committed illegality and thereupon holding that the judgment and decree of the trial Court does not call for interference dismissed th......es" Ext.1 series are the R.S. Khatians, Ext. 2-P.S. Khatians, Exts.3 and 3(ka)-patta, Ext. 5- Municipal Assessment Register, Ext. 6, Municipal Tax receipt, Ext. 7- Rent receipt issued by the Government, Exts. 9 and 9(ka) dated 25.3.1967 and 25.1.1967 respectively applications filed by the d..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....83 and as such the suit is hit by the principles of waiver, acquiescence, estoppel and limitation. 6. As it appears the High Court division rejected the revisional application summarily holding that it is the concurrent finding of the Courts below that the defendant No. 1/ petiti......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ..Category: Property Law | Date: | Hits: 87
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....he petitioner, and perused the petition, the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division made the Rule absolute holding that under the scheme of the Wakf Ordinance 1962 when a final order is passed by the Adminis......on of the Waqf, as Mutwalli and for smooth management of the waqf estate also formed a Committee comprising of seven heirs of the waqif including respondent No.10 and asked the respondent No.9 to handover, within seven days of receipt of the order, the charge of Mutawalli to the respondent No.1; ear..Category: Trust/Waqf Law | Date: | Hits: 518
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....ting the defendant No.1 as to the fact as alleged by her as to obtaining her signature in Ext. 1 by force. In that state of the matter we are of the view High Court Division was in serious error in holding that the Ext.1 is not a genuine one since signature of the defendant No.1 thereon was obta......ibed in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit to the plaintiff upon removing all the obstacles there..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....emplated by the Act or when no such enquiry and investigation has at all been undertaken by the Customs Authority. The former begins when the latter has ended or did not at all start and the time for holding the enquiry has expired. The time for such enquiry and investigation under the Customs Act b...... officers are authorized to deal with offences mentioned in the Customs Act. The Bureau of Anti-Corruption cannot investigate an offence under section 156 of the Customs Act on the strength of a Government notification when it is being carried out by the Customs Authority as improved by the pros..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....ch are annexed to the leave petition. We have also considered the submissions of the learned Advocate appearing for the leave petitioner to the effect that the High Court Division was wrong in not holding that a literal interpretation of the provision for payment of decreetal amount within year ......g the Execution Case on the ground of limitation. 3. The Islami Bank Limited as plaintiff filed Artha Rin Suit No.02 of 2005 in the Artha Rin Adalat, Chittagong, against the defendant for recovery of Tk.39,71,334/-contending, amongst others, that the defendant, though enjoyed the loan faci..Category: Civil Law | Date: | Hits: 99
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....by the Joint District Judge and Artha Rin Adalat, Sylhet, who by the judgment and decree dated 22.7.2002 dismissed the appeal and remanded the suit to the trial court for the limited purpose of for holding local inspection of the suit land. 5. Being aggrieved and dissatisfied with the afo...... the respondents as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirmation of possession in th..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
.... by kabala dated 29.3.1982 and delivered possession of 24 sataks of R.S plot Nos.1943, 1937, 1938. Thus the pre-emptors are both co-sharer by inheritance and also by purchase in the case holding. The pre-emptors are also contiguous owner of the case holding in northern, southern and we......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....al No. 256 of 1968 in the Court of District Judge, Faridpur, which was heard and disposed of by the learned Subordinate Judge, Faridpur, by judgment and decree dated 26.05.1969 allowing the appeal holding, amongst others, that the suit was hopelessly time barred and the defendants were in p......endant Nos.1 and 2 on contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit land observing that the plaintiff became tenant under the Government by operation of law after acquisition of the rent receiving interest. The trial Court dis..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....n. Hence this civil petition for leave to appeal by the petitioner. 6. Mr. Abdus Salam Khan, the learned senior Advocate for the petitioner submits that the High Court Division erred in holding that suit was barred by limitation inasmuch as it was so held without properly ad......this way plaintiff became 16 annas owner of the suit land. Further case of the plaintiff is that Ali Azzam, father of the defendant No.1, was an uncle of the plaintiff. The plaintiff being a Government servant, served at different places in the country on transfer for which he kept the..Category: Property Law | Date: | Hits: 30
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....as such there was no occasion for her to compromise the Title Suit No.616 of 1969 filed by the defendant No.1. 12. The High Court Division set aside the judgment of the court of appeal below holding plaintiffs suit was bad for defect of parties i.e. for non-impleading the persons whose nam......616 of 1969 was filed and the same was decreed on compromise in terms of the solehnama, that defendant No.3 earlier filed Title Suit No.199 of 1962 against the defendant No.1 and others seeking recovery of possession in respect of the land in suit but the same was dismissed for default. It was a..Category: Property Law | Date: | Hits: 35
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....ated 16.07.2002, upheld the appointment of Nikah Registrars of 10 Wards of Dhaka City Corporation which was abolished earlier by the government including the Word No. 99 of which the petitioner is holding license of Nikah Registrar and that by SRO No.12 Law/39 dated 19 January 1993, Rule 5A was ......; August 3, 2008. Cases referred to- Mvi. Mohammad Khurshed Alam vs. Secretary Ministry of Law, Justice and others, 50 DLR (AD) 82; Kazi Emanuddin Bhuiyan Vs. The Government of Bangladesh, 12 BLC (AD) 134; Raisuddin vs. Bangladesh and others, 51 DLR (AD) 152; Kaz..Category: Civil Law | Date: | Hits: 100
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....as not at all premature. The next contention that the executing court had no authority to pass the impugned order has been correctly decided by the High Court Division holding that the learned Additional District Judge did not adjudicate in the matter and he only all......r costs and charges, the facilities of remission of total profits compensation allowed by the bank shall be automatically cancelled and the plaintiff/ decree holder shall be entitled to recover from the judgment debtors Tk. 51,53,81,735.02 against the Artha Rin Suit No. 29 of 2005 and T..Category: Civil Law | Date: | Hits: 109
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....he shop. Thereafter, Bazlus Sobhan sold the suit land to Salamatullah by kabala dated 03.01.1985. The purchaser got his name mutated in the records of the Revenue Department and has been paying rent, holding taxes etc. Amena Khatun fraudulently created a deed of gift in respect of 35 decimals land (......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ..Category: Tenancy Law | Date: | Hits: 155
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....ding your share my share 0.32 decimal in plot No. 1121 and 0.12 decimal in plot No. 1128 is gifted. 8. It was also stated that the defendant No.1 is a stranger, he is not a co-sharer in the holding Nos. 414 or 200. But after execution and registration of the gift deed dated 14.01.1998, t......d upto the Appellate Division by judgment and order dated 17.04.2004 passed in Civil Petition for Leave to Appeal No.1040 of 2003 and then the defendant respondent was taking step hurriedly to take over possession of suit land in execution and as such the plaintiff-petitioners were constrain..Category: Property Law | Date: | Hits: 33
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
....ut reversing the finding and observation of the trial Court and as such it was not at all a proper judgment of reversal; that the appellate Court misconstrued and misread the evidence by holding wrongly of the talk of the predecessor of the present petitioners of sale with defendant No......nt No.1, Falani Begum was the full sister of aforesaid Magrab Ali who assured and promised the execution and registration of the saf-kabala, in favour of the plaintiff Defendant No.1 handed over the possession of suit land to the plaintiff who filled up earth and constructed a house in th..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....that he did not serve any notice to the co-sharer tenants in respect of purchase of the case land on 31.12.95 and 4.2.1996. 5. As it appears the High Court Division discharged the Rule holding that the respondent Nos.5 and 6 of the original pre-emption case, the original vendors, sol......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ..Category: Property Law | Date: | Hits: 23
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....9;...............বাদীরা ওয়াল করিতে পারে নাই," decreed the suit holding that the defendants could not prove their exclusive possession in the suit land but the ap......dated 17.11.1927; Megha Munshi also transferred his entire share of land in favour of Rahman Munshi in the year 1928 A.D. by an unregistered kabala at a consideration less than Tk.100/- and handed over possession of the same in favour of Rahman Munshi; thus Megha Munshi, at the time of his death..Category: Property Law | Date: | Hits: 26
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....dants who entered into a compromise, disclaiming as district kindred their claims are barred by estoppel. The learned Advocate finally submitted that the High Court Division committed error of law by holding that the claim of inheritance made by the defendant has been admitted by not denying the c......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....ot having challenged the said Rules as ultra vires the Constitution and the grievances raised in the writ petitions are regarding seniority in the service, the High Court Division erred in law in not holding that the writ petitions are not maintainable. The learned Counsels further submitted that th......Petition Nos. 44 & 45, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) ..Category: Employment/Service Law | Date: | Hits: 118
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