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Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
.... Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2......der: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed date......to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......nts-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed dated 27.5.68, stating that the land in question was owned and possessed by Gabu Sheikh who died leaving two sons Sonaullah and Kukil Sheikh..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......herefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......pany acted correctly in refusing to recognise the transfer and to rectify the Share Register. 4. The learned Company Judge decided on all the points in favour of respondent No.1 excepting on the question that the transfer was not permissible under Article 35 of the Articles of Association of th..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......eneral on behalf of the respondent No.1 by filing affidavit in oppositions opposes the Rule. The learned Additional Attorney General assailed the Rule firstly on the ground that the claim of VAT in question is over a period from 2001-2006 and the predecessor of the petitioner company did not take ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......iction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......by any evidence either oral or documentary. Furthermore, he submits the High Court Division cannot sit as a Court of Appeal in the instant case as the impugned judgment of the Labour Court based upon question of fact. In the instant case the question of law is co-related with the questions of fact..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....f also learned that one Devendra Kumar Chokroborti by kabala dated 18-1-1977 had sold the self same land in respect of schedule land to defendant No. 1 but Devendra Kumar Chokroborti had no title and possession in the suit land. During the period of MRR survey Devendra Kumar Chokroborti was a Peon o......o. 230 of 1982 in the Court of Assistant Judge, Sadar Noakhali impleading the predecessor of the defendant petitioner and 3 others as proforma defendants for declaration of title of the suit schedule land of the plaint stating, inter alia, that the suit land originally belonged to Asshiny Kumar Chok......lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......ing it, but the learned 1st Appellate Court committed gross error interpreting the facts in this regard. Plaintiff-appellants are not party to the deed Exhibit A and, as such, are entitled to call in question the legality of registration of the sale deed Exhibit A. The 1st Appellate Court wrongly he..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....No. 262 of 1997 under section 145 of the Code of Criminal Procedure on 17-5-7997 in the Court of Chief Metropolitan Magistrate against the petitioner as second party alleging that he was the owner in possession of the case land (as described in the petition of complaint). As the second party was try......ection 145 of the Code of Criminal Procedure on 17-5-7997 in the Court of Chief Metropolitan Magistrate against the petitioner as second party alleging that he was the owner in possession of the case land (as described in the petition of complaint). As the second party was trying to dispossess him f......those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......within two months next before making the preliminary order under section 145(1) of the Code irrespective of its right to possess. Court is concerned only with possession of land or water and not with question of title thereof. 15. in the case in hand, points for determination are, whether the fir..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119....... appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119......., made separately by the appellant the Commissioner of Income Tax, under section 66(2) of the Income Tax Act in the income tax assessment cases of the assessee respondents on the ground that no questions of law arose out of the orders of the Income Tax Appellate Tribunal in the said four asses..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....king the necessary steps for the same by the filing of a charge-sheet under section 173 of the Criminal Procedure Code. In the present case, according to the prosecution, the appellants were found in possession of forged and counterfeit non judicial stamps on 5-2-1974. The evidence collected by the ...... that case by their Lordships of the Privy Council will render support to our decision. The facts of that case were that the appellants had disputed the rights of the Collector of Customs for Queensland to levy an excise duty, in respect of 6700 tons of sugar. They brought an action against the Co......a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112....... provided under section 36 of the Act. He further argued that the trial involves both substantive and procedural law and that the procedural law must be deemed to have retrospective effect. 5. The question involved in this appeal is clearly a question of jurisdiction as to whether the police coul..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....No.2 contested the pre-emption case by filing separate written objection. Their material case was that the transfer in question was actually an exchange and both the parties to that exchange deed got possession of their respective exchanged land and as such the pre-emption case was not maintainable ......ous Case No.2 of 1995 under section 24 of the Non-Agricultural Tenancy Act, 1949, against the respondents in the court of Senior Assistant Judge, Sarail, Brahmanbaria praying for pre-emption of the land measuring an area of 0.05 acre appertaining to plot No.1273 of S. A. khatian No.233 of mouza Ba......epare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ...... 5. Both the pre-emptee as opposite party No.1 and the vendor as opposite party No.2 contested the pre-emption case by filing separate written objection. Their material case was that the transfer in question was actually an exchange and both the parties to that exchange deed got possession of their..Category: Property Law | Date: | Hits: 93
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......defendants in different sets contested in that partition suit. By the judgment and decree as aforementioned the trial court decreed that suit in preliminary form allotting a saham for 2.37 acres of land out of total 18.86 acres of divisible land to the plaintiffs. Being aggrieved by that judgment ......or leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
.... short, are as follows:- One Hajee Abdul Majid filed Other Class Suit No.113 of 1995 against the Deputy Commissioner, Mymensingh and some other persons for declaration of title and confirmation of possession in 2.85 acres of land out of total 35.35 acres of land of C.S. Plot No.102 of C.S. Khatia......One Hajee Abdul Majid filed Other Class Suit No.113 of 1995 against the Deputy Commissioner, Mymensingh and some other persons for declaration of title and confirmation of possession in 2.85 acres of land out of total 35.35 acres of land of C.S. Plot No.102 of C.S. Khatian Nos.3,13,14 and 15 of mouz......s-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......itioners has argued that this observation of the High Court Division is palpably wrong inasmuch as these petitioners claimed title in the suit land by virtue of adverse possession and as such the question of payment of rent did not arise at all; that the appellate court below correctly held that..Category: Property Law | Date: | Hits: 68
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......its publication i.e. 30.04.2005, having no retrospective effect and was made applicable on 29.09.2009 to the present respondent and thus the impugned judgment is based on erroneous view both on question of law and on fact and that it would be illegal on the part of Bangladesh Bank if the writ ..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....der Ali died leaving behind opposite party Nos. 1-5 as his legal heirs and successors. Before expiry of the stipulated time, the plaintiff offered them money on several occasions and asked to restore possession of the suit land, but they refused. Opposite party Nos. 1-5 realised a sum of total Taka ......by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. 3. Plaintiff’s case, in brief, is that he was the lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with necessity of transferring the suit l...... lower Courts’ records. Ed. This Case is also Reported in: ......rs. No one appears - for the opposite parties. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11.1988 passed by the Subordinate Judge (now J..Category: Property Law | Date: | Hits: 87
....arties with a prayer for separate saham in their names stating that during pendency of the suit they purchased a portion of the ‘Ka’ scheduled land from defendant Nos. 9-10 and were inducted into possession thereof. Learned Joint District Judge heard the application and rejected the same by his ......sposal of the Rule, in brief, are that opposite party Nos.1-16 instituted Title Suit No. 33 of 2008 before the Joint District Judge, First Court, Barisal for declaration of title and partition of the land as described in schedule ‘Ka’ of the plaint. Opposite party Nos. 17-24 were made defendants................... Opposite Parties
Judgment
November 29, 2011.
Result:
The Rule is made absolute.
Lawyers Involved:
Tushar Kanti Roy, Advocate - for the petitioners.
Md. Mubarak Hossain, Advocate - for opposite party No.17.
Civil Revision No. 3922 of 2010.
Judgment
Md. Ruhu......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......pposite party Nos. 1-16 and their predecessor-in-interest instituted Title Suit No. 58 of 1993 on 15.5.1993 in the Court of Senior Assistant Judge, Moksedpur, Gopalgonj for partition of their ejamali land as described in the schedule of the plaint. The defendants (herein petitioner Nos. 1-3) had app......S. M. Moonir with Lokman Karim, Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 933 of 1999 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-petitioners, was issued calling in question the legality of judgment and o......rs. No one appears - for the opposite parties. Civil Revision No. 933 of 1999 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-petitioners, was issued calling in question the legality of judgment and order dated 11.1.1999 passed by the District Judge, Gopalgonj ..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....ons of the plaint and contending, inter alia, that Manjury Mohini Saha was the original owner of the suit land and was not a benamdar of her husband. She purchased the suit land on auction and was in possession thereof. She herself paid rents against the suit land. She transferred 91 decimals of lan......cessors-in-interest to opposite party Nos. 1(a)-3(c)] instituted the suit for declaration and partition on the averments, inter alia, that their father late Ramoni Mohan Saha was a tenant in the suit land under the landlord Praddut Kumar Tagore. Because of arrear rents, the landlord instituted a ren...... Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
....ollowing issue:-
1) Is the suit maintainable in its present form?
2) Is the suit barred under section 42 of the Specific Relief Act?
3) Whether the defendant No. 1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974?
4) Whether the defendant No. 1 and 2 had......া হয়।
3. The plaint`s case in nut shell was that the defendant No. 1 and 2`s transferor entered into a contract on 17.8.1970 with the plaintiff of the instant suit for purchase of the suit land at Taka 3,30,000/-, out of which Taka 33000/- was paid as earnest money. The defendant No. 1 an......rd at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......llant Division. Now the executing court is bound to execute the decree as it stands. In the meantime the executing court has executed the kabala deed. In view of the above facts and circumstances the question of waiver of in executing the decree does not stand for the cause of withdrawal of taka 3,6..
Category: Property Law | Date: | Hits: 113
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ing the suit arose. 3. Defendant No.1 entered into appearance and contested the suit by filling a written statement denying the material allegations of plaint contending, inter alia, that the suit land and other lands originally belonged to Pachquori Pal and Joghobandu Pal in equal share. After t...... lower Courts’ records. Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....cord-of-rights. Section 19 provides that they are to prepare the draft as well as final publication of such records. Section 20 prescribed the quantum of land which can be retained by a person in his possession. Sections 21 and 22 provide that all lands are subject to payment of fair and equitable r......1980.) Judgment Ruhul Islam J.- This appeal by special leave arises from an application under section 14 of the Non-Agricultural Tenancy Act, 1949 filed by respondent No.1 in respect of certain land with in the Dacca City. The sale under pre-emption was effected by Ayesha Khatun respondent No....... This Case is also Reported in: 35 DLR (AD) (1983) 230. ...... application to the conversion of all tenants holding land as proprietor, tenure holder raiyat, under-raiyat, occupant or non-agricultural tenant, as raiyats or maliks under the Government. 5. The question boils down to this, whether on the acquisition of the rent-receiving interest, that is th..Category: Property Law | Date: | Hits: 85
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....1 instituted Title Suit No. 243 of 1989 for partition of two homestead plots being Nos. 64 and 65 (described in the schedule of the plaint). The plaintiffs’ case in short is that they were in joint possession over the suit property along with the defendants. For exclusive possession and better enj......ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......ahman, with Nasima A. Rahman, Advocates - for the petitioner. No one appears - for the opposite parties. Civil Revision No. 2518 of 1999. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defendant-appellant, was issued on an application under section 115 of the Code of Civ......vil Revision No. 2518 of 1999. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defendant-appellant, was issued on an application under section 115 of the Code of Civil Procedure questioning the legality of order dated 17.5.1999 passed by the Additional District Judge, Dhaka in ..Category: Civil Law | Date: | Hits: 130
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