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.... and the said auction was purchased by Bashir Uddin and Ishak Miah vide Certificate Case No.24303 of 1958 and the auction took place on 02.06.1964; that after purchase Bashir Uddin and Ishak Miah got possession therein but the S.A. record was wrongly recorded in the name of Champa Debi; that the cer......ourt of 2nd Munsif, Rangpur (Ext.5) and that case was allowed; that Abul Kashem got possession through Court; that Bashir Uddin died leaving behind his son Abul Kashem who started possessing the suit land and during his possession he transferred the suit land along with 8 shops (constructed thereon)......€ť.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:..
Category: Property Law | Date: | Hits: 181
.... Housing Settlement Authority for getting lease of the suit property and that was recommendÂed by the concerned Ministry but ultimately failed to get any allotment. It is their case that they are in possession in the suit land and, as such, they have got the preferential right to get the plot's fro......spondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with the valuation presently Taka 6 Lakh per bigha.
2. Facts relevant for disposal of the appeal are that the suit land was acquired by the Government vide LA Case No.41/3 of 1960-61. The plaintiffs claimed them to ......record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......vernment vide LA Case No.41/3 of 1960-61. The plaintiffs claimed them to be co-sharers of the original owner from whom the land was acquired. It is the specific case of the plaintiff that the land in question was acquired for rehabilitation of the refugee and some of the refugees had left the plots ..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacatÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacatÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......der of stay passed at the time of issuance of the Rule is hereby recalled and vacatÂed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......pears that against 4 disÂhonoured cheques the accused petitioner made a single complaint which is not permissible under law. Law speaks one cheque will give rise to one case." 7. We find that the question as to whether a single case under section 138 of the Act is maintainÂable in respect of di..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....h 4, 2001. Result: The Rule is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession of the property. The Government is not permitted to treat the property as abandoned prope...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......ice is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......¦Opposite Parties Judgment July 14, 2010. Result: The Rule is made absolute. Case Referred to- Jiban Bima Corporation Vs. Mahibul Majid, 52 DLR 186. Lawyers Involved: Fariduddin Khan, Advocate - For Petitioners. Farida Khan, Advocate - For Opposite Parties. Civil Rev......r held that the executing Court rightly proceeded as per provision of Order XXI, rule 32(5) of the Code of Civil Procedure. 9. Mr. Fariduddin Khan the learned Advocate for the petitioners raised a question that the ExecuÂting Court should have started a miscellaneous case to ascertain whether th..Category: Civil Law | Date: | Hits: 166
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
.... corroborate the allegation as made by the informant. He also submits that Courts below did not apply its judicial mind in convicting and senÂtencing the petitioner as nothing was recovered from the possession of the petitioner. 10. Ms. Yesmin Begum Bithi, the learned Assistant Attorney General ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......own the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....e pre-emption namely the case barred by limitation, the appellate Court below arrived at a finding to the effect which reads as under: "It is also an admitted fact that the case land was under the possession of the opposite party Nos. 1-3 on lease from before and as such it was obvious that the s......rul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claimÂing themselves to be co-sharer...... of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claimÂin...... Court in that while reversing the findings of the trial Court to the effect that the case is bad for defect of parties the learned District Judge sitting as a last Court of fact pointed out that the question of defect of party havÂing been raised during the trial by the pre-emptees, the pre-emptor..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
.... other land auction sold were within the knowledge of the petitioner and for non taking of any steps for annulling the said auction the purchase right of the petitioner including the right, title and possession of the degree-holder party has been extinguished and, as such, the petitioner has no subs......learned Assistant Judge, Fatikchari, Chittagong passed on 18‑7‑1975 in Miscellaneous Case No.38 of 1970 allowing pre‑emption. 2. The petitioner's predecessor sought preÂ-emption of the case land alleging, inter alia, that he is a co-sharer in the case holding by way of purchase on the basi...... above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......ould not be disturbed. 8. Upon hearing the learned Advocate and perusal of the impugned judgments and orders of the Courts below and other materials on record it appears that there have arisen the question of investigation of title of the pre‑emptor as well as the pre-emptees vendors in the lan..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... and those are: a) First opposite party as pre‑emptor exercised his right of pre‑emption under section 96 of the Act against pre-emptee Âpetitioner on presentation of a petition in respect of land described in schedule to petition in the Court of Senior Assistant Judge, Khoksha, Kushtia. Pet.........Petitioner Vs. Bidhan Chandra Mondal............................Opposite Party Judgment July 17, 2002. Result: The Rule is made absolute. Cases Referred to- Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Zaman Akter, A...... Petitioner. Shasti Sarker, Advocate—For the Opposite Party. Civil Revision No.1972 of 2000. Judgment AK Badrul Huq J.- Fate of Civil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for sh..Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......nvoke writ jurisdiction. However, if the contract is rooted in any statute for enforcement of the same writ jurisdiction can, of course, be invoked such as the lease of haat, bazar, fishery, khash land, etc or if there is any international contract. Even in case of a private contract being a tra......ernment.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......uddin Ahmed very candidly submitted that he is aware that this is a private contract but he has invoked Article 102 of the Constitution not for enforcement of any contract. He has rather called in question the action of some of the public functionaries in processing the award of contract which i..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......e returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......ted 1.9.89. On receipt of the aforesaid notice the petitioners wrote a letter to respondent No.2 on, 27.10.89 drawing his attention to the fact that no meeting could be held on 1.9.89 and as such the question of confirmation of the minutes of the meeting dated 1.9.89 did not wise. Only the Board of ..Category: Company Law | Date: | Hits: 225
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......nsidering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......6 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same t..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearÂance certificate to r......hout any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......icle 102 (2) of the suspended Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation Order No.1 of 1985 calls into question an assessment order dated 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ppellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ppropriated the said amount of Tk.20 lacs after being entered with the said amount in violation of the trust. 11. In the case of N. Mahmud Vs. M. Ahmed 36 DLR (AD) 14 it has been observed that the question whether there is any partnership is a question of fact. It has been further observed by the..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......s plaintiff instituted the suit against the petitioners (defendants Nos.24, 25 and 56) opposite party No.1 and opposite parties 3 to 61 as defendants for partition for getting a specific saham of the land out of the suit land. The defendants Nos. 23, 26, 28, 29, 30, 35 and 40 contested the suit by f...... This Case is also Reported in: 39 DLR (HCD) (1987) 21.......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...Category: Procedural Law | Date: | Hits: 106
....ff instituted the suit against the opposite parÂties 1-10 as defendants for a declaration that the suit property is not vested and non-resÂident property and the plaintiff acquired title by adverse possession. His case in short was that Kali Prasana Das (Borada Chandra Das and Anil Charan Das sold......not vested and non-resÂident property and the plaintiff acquired title by adverse possession. His case in short was that Kali Prasana Das (Borada Chandra Das and Anil Charan Das sold .61 decimals of land to Jainal Abedin at a price of Tk.1250/- and on receipt of Tk.1000/- executed a bainapatra on 7......ule is made absolute.
Case Referred to-
Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite parties, 25 DLR (HC), 252.
Lawyers Involved:
Md. Ruhul Amin-II, Advocate - For the Petitioner.
Humayan Habibibur Rasul, Advocate-For the OppoÂsite Partie...... does not contain any provision as regards issue of notice to a party. It is obvious that in many cases the object of the appointment of a receiver might well be nullified if notices were issued. The question that the Courts have to see in dealing with applications under Order 40, rule 1, is whether..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....e said agreement, sale deed cannot be executed and regisÂtered without releasing the property from the said Bank upon repaying the entire loan. But, however, according to the terms of the agreement, possession in a portion of the said property was handed over to the purchaser respondent who was als......side the arbitral award dated 11-6-2003 passed by the sole Arbitrator. Facts necessary for the disposal of this appeal in short are that the appellants being owners of, approximately, 18.40 kathas of land, comprising of Dhaka City Corporation holdings No.80, 80/1, 80/2 and 80/3, Nowabpur, within Sut......rged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......tire advance amount within 4-11-1999 and the balance consideration money within the next 12 months, by equal monthly installments to be paid by the 4th day of every month from 4-12-1999, there was no question of handing over possesÂsion of the property along with the original docuÂments. However, ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ng applied to protect the deliberations of other decision Âmaking agencies which are not courts of law "in the narrow sense. The general assumption certainly seems to be that it is not." In England by virtue of Tribunal Act, 1921, the High Court of England has been authorised to take cognizan......44 DLR (HCD) (1992) 535....... the application had not yet been heard. In this case, though, the chance of any result and prejudice to a new trial was understandably regarded as extremely remote. No consideration was given to the question whether the application itself was pending since it was not suggested that this might have ..Category: Criminal Law | Date: | Hits: 131
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....nas share each. After their death the land devolved upon their 3 sons and 2 daughters. The 3 sons are plaintiff Nos. 2 to 4 and two daughters are proforma defendant Nos. 2 to 3. The plaintiffs are in possession of the suit land but the defendant No.1 Hajee Abdul Latif is telling the local people and......3 others filed Title Suit No.210 of 1981 in the First Court of Munsif, Dhaka for permanent injunction against this petitioner and 2 others as defendants. 3. The plaintiffs case is that the suit land origÂinally belonged to Sk. Munshi and Bahar Ali in 8 annas share each. After their death the ......The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. AshÂraf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advocates ‑For the Petitioner. No one ‑ For the Opposite Parties. Civil Re......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....Appeal No. 323 of 1969 reversing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the......ing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint may briefly be stated...... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......ging it but the learned 1st appellate Court committed gross error in interpreting the facts in this regard. Plaintiff‑appellants are not party to the deed Ext. A and as such are entitled to call in question the legality of registration of the sale deed Ext. A. The 1st appellate Court wrongly held ..Category: Property Law | Date: | Hits: 122
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