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Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....ption Act, 1947 and initiation and continuation of the above proceeding against the petitioners are abuse of the propose of the Court. 5. As it appears the High Court Division discharged the Rule holding that the charge sheet in G.R. Case No. 20 of 1997 was received by the learned Chief Metropol...... acres of land to RAJUK for constructing a commercial recreational centre; at this stage one Rabeya Khatun instituted Title Suit No. 65 of 1993 in the 2nd Court of Assistant Judge, Dhaka against the Government of Bangladesh and others seeking declaration of her title to the land situated in C.S. Plo..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....ernment Khatian and has been paying municipal taxes, gas bills and so the decision of the High Court Division does not call for any interference. 6. The High Court Division made the Rule absolute holding as follows: "On perusal of the Judgment of the Court of Settlement we find that while di...... Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... the accreted land surveyed and prepared the ÒPPv© g¨vcÓ with the "PPv© " plot. The learned Counsel further submitted that the trial Court was not in error in holding in the background of the materials on record that the plaintiffs failed to prove that there...... for payment of rent in respect of the land described in schedule ‘Kha' i.e. accreted land and then came to know that the said accreted land has been recorded in the name of the Government in the khas khatian. It has been contended since their land described in the schedule &ls..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....f the Constitution of the People's Republic of Bangladesh. 3. Upon hearing the parties a Division Bench of the High Court Division discharged the rule by judgment dated 18th November, 1998 holding, inter alia, as follows: "We have considered the case of Md. Srafiullah V. The......ty and why direction should not be made for quashing the proceedings against the appellant in the aforesaid G.R. Case No.1 of 1983 stating, inter alia, that the appellant joined service under the Government as Typist in 1967 and later on become Stenographer, in Noakhali Judgeship in December, 19..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....politan Magistrate by his order dated 13.9.1995 sent the Naraji petition to Mr. M. U. Khandaker, Metropolitan Magistrate, for taking action under section 200 of the Code of Criminal Procedure and for holding judicial inquiry under section 202 of the Code of Criminal Procedure and for report. The sai...... allegations contained in the petition of complaint and thus the requirements of section 200 of the Code of Criminal Procedure were complied with in substance and the accused were not prejudiced; moreover the alleged non-compliance with section 200 of the Code of Criminal Procedure could at best be ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... the Circle Officer (Rev), Tejgaon Circle, Dhaka to hold enquiry and furnish report as to whether the property in question was vested and non resident property and then the Circle Officer (Rev) after holding local enquiry submitted report vide his Memo No. 266/1107/81 dated 17.04.81 and the conten...... Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the People's Republic of Bangladesh and another.......... Respondents (In both the Appe..Category: Property Law | Date: | Hits: 40
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ntiffs are the relevant authority has initiated the proceedings in question. In the said state of the matter we are of the view the High Court Division as well as courts below were not in error in holding that the suit filed by the plaintiffs is not maintainable. The learned Advocate-on-re...... Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shamsuddin Chowdhury and others……………........Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Bhola and..Category: Property Law | Date: | Hits: 19
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....e High Court Division by the impugned judgment and order dated 28-06-1994 made the Rule absolute and after setting aside the judgment and decree of the lower appellate Court decreed the suit holding, inter alia, that the lower appellate Court had wrongly affirmed the trials Court's decree......t No.3 had purchased the suit plot from said Rajendra Nath Shil by a registered sale deed dated 07-07-1969 and that said Erfan Ali by executing a nadabi deed dated 21-06-1971 relinquished his claim over the suit plot and that on 13-10-1972 defendant No.3 also sold .98 acres of land from the suit..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....ng was restored. The respondent No. 1 then moved the High Court Division and after hearing the High Court Division made the Rule absolute and restored the order passed by the Board of Revenue holding that the order dated 7.7.1987 passed by the Government confiscating the vessel imposin......rted in: V ADC (2008) 611. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....s.2,4,4(a) and 13 of the above suit; the above vendees of the said sale deed i.e. Hosne Ara and others appeared and contested the suit; the trial court after hearing, decreed the suit on 18.4.1978 holding that the above Sale Deed No: 4979 is illegal and void; the above defendants then preferred ......lication filed by the petitioners praying for adding them as parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their title in the suit property and also recovery of khas possession of the same on the averments that Sharat Chandra Barai, Satish Chandr..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... the knowledge of the preemptor, the pre-emptees erected houses in the suit land and got the sale deed executed and registered on 20-11-1998 and owning and possessing the same opening separate holding for the same. The preemptees have spent Tk.2, 50,000/- for development of the suit land. ...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ishoreganj. The Appeal on transfer was heard by the learned Additional District Judge, 2nd Court, Kishoreganj and in the appeal the appellate court by a suo-motu order dated 23.04.2002 directed for holding local investigation and further directed the plaintiff to pay a sum of Tk.1,000/- as commis......tion summarily. 2. Short facts are that the plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Kishoreganj Sadar for declaration of title and recovery of khas possession of the second schedule land claiming title and ownership of the land. The..Category: Property Law | Date: | Hits: 71
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....rned advocate of the petitioner who appeared with leave and perused the impugned judgment and order and other connected papers. 4. As it appears the High Court Division dismissed the appeal holding that in their written statements the petitioners did not deny the receipt of part considera......ling the dispute and the respondent No.1 might have converted the same into the bainanama in question without mentioning therein the default clause and further the above bainanama was not read over to the petitioners nor they signed the same after going through the same and the petitio..Category: Property Law | Date: | Hits: 26
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
.... error of law, in failing to consider that while taking cognizance the learned Tribunal exercised the jurisdiction given in second proviso to Section 27(1) of the Ain most arbitrarily without holding any inquiry and that the second proviso having provided no guideline or procedure to be fol......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ..Category: Criminal Law | Date: | Hits: 41
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
....on by the appellant as per Rule 3 of the VAT Rules,1991 and the conditions attached to the declarations in MUSAK-I submitted by the appellant. 5. The High Court Division discharged the Rule holding that no question of law is involved in the writ petition. The contention is purely a q......higher inputs than the actually required quantity given for every unit and thus concealing the actual quantity of output through which the appellant-company evaded a huge amount of VAT due to the Government exchequer. That when the falsity of the declaration was detected a high-powered committee..Category: Fiscal/Taxation Law | Date: | Hits: 83
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....hman, the learned Advocate-on-Record for the respondents and perused the judgment of the High Court Division and other connected papers. 6. It appears that the trial Court decreed the suit holding that in a suit for permanent injunction the question of title of the parties to the suit la...... R.S. records were accordingly correctly prepared and finally published in their names. Borhanuddin Bepari sold 33 decimals of land to one Moniruddin who got his name mutated and paid rent to the Government. Moniruddin died leaving behind three sons and two daughters who transferred the suit lan..Category: Property Law | Date: | Hits: 30
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.... bank. The said application was registered as Miscellaneous Case No. 22 of 2007. By the impugned order No. 23 dated 19.8.2007 the learned Judge of the Artha Rin Adalat rejected the said application holding that since the mortgaged property was auction sold by the bank and since the execution case......espondent No.3, Pubali Bank Limited and since he failed to repay the said loan money the respondent No. 3 filed Artha Rin Suit No. 18 of 2004 in the Artha Rin Adalat No.3, Dhaka against him for recovery of the outstanding loan amount. This petitioner appeared in that Artha Rin suit and contested..Category: Civil Law | Date: | Hits: 94
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....dopted the Islamic name of Abdur Razzaque, remained in possession of the suit plot in their specific portion. The plaintiff has been paying Municipal taxes separately for his portion as a separate holding. The plaintiff's elder brother Abdur Razzaque the defendant No.5 renounced Islam in 1982 an...... The High Court Division upon correct assessment of the materials on record held that, the plaintiff has been able to prove his continuous, uninterrupted and hostile possession in the suit land for over 12 years and accordingly held that good and indefeasible title by adverse possession has accr..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....emptee contested by filing written objection denying the material allegations made in the miscellaneous application and further contended that the pre-emptee is a co-sharer by purchase in the case holding. 4. The trial court allowed the pre-emption case. On appeal in Miscellaneous Appeal ......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ..Category: Property Law | Date: | Hits: 26
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