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A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....2.2003 rescinding the Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the property to the plaintiff once he receives possession from the government and the Agreement dated 4.9.2002 is still in force. b) Pass a decr......ion under Section 115(4) of the Code of Civil Procedure and obtained the present Rule on leave on 23.2.2009 and also an order of injunction restraining the opposite parties from transferring the suit land to anybody by executing any kind of transfer deed. 8. Mr. Rokanuddin Mahmud, the learned Adv......t the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... jurisdiction of the Court. In that case it has been held that since the suit was a mere declaratory suit, the value of the suit should be the value plaintiff opts for. 15. In the case in hand the question is whether the plaintiff is at liberty to put his own valuation in such a suit where the ob..Category: Property Law | Date: | Hits: 85
....e suit land as Khas land of the Government. It has been alleged that S. A. record in respect of suit land was correctly prepared and R.S. record was also prepared in the name of the Government as per possession. It has been further alleged that the Jaminder or their employee never executed any Amaln...... illegal, ultra vires and of no legal effect and not binding upon the plaintiff and for perpetual injunction restraining the defendants opposite parties from dispossessing the plaintiff from the suit land contending inter alia that the suit land originally belonged to Bhowal Raj Estate who settled t......vernment of the People's Republic of Bangladesh and others.................Opposite parties
Judgment
July 27, 2010.
Result:
The rule is discharged.
Cases Referred to-
Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41.
Lawyers Involved:
......3. It appears from the deposition of P.W.1 Tashar Ali, the husband of the plaintiff in course of his examination in chief proved his custody of his documents which have been marked Exhibits. Now, the question that falls for determination is whether there is any scope to admit those private document ..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....Kuri, who died on 1977 and that plaintiff No.4 with the permission of his mother plaintiff No.1, sold away 03 decimals of land to one Kajal Chandra Mojumder vide Kabala dated 01.09.1993 and delivered possession to him. Kajal Chandra Mojumder purchased the land in the name of his wife and got homeste......strict Noakhali under Sudharam thana, Mouja Harinarayanpur in district Settlement Khatian No.70 an area of 49 decimals in Plot No.101 and contiguous Khatian No.69 of Plot 99 an area of 18 decimals of land was owned by Mohesh Chandra Kuri by way of purchase and he constructed homestead on Plot No.101...... appears - For the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No. 6066 of 2002. (From the Judgment and order dated 30.4.2002 passed by the learned Joint District Judge and Artha Rin Adalat, Noakhali in Title Appeal No.143 of 1997.) Judgment Fa......d collusive deed by false personation and that by virtue of this deed of Gift, defendant acquired no right and title in the land concerned, so the plaintiffs prayed for a declaration that the deed in question is collusive, forged, ineffective and not binding upon the plaintiffs and they further pray..Category: Civil Law | Date: | Hits: 103
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....2.1995, arrested him instantly and recovered some lethal weapons namely, one Ramda, one Seni, four Kiris, one Chinese Axe, two iron made Panja, one chain for keeping bullets, and one Chapati from his possession. The said ejahar gave rise to Comilla Kotwali Police Station Case No.22 dated 15.2.1995. ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......ppeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......in short, are as follows:- On 22.11.1993 the present plaintiff-respondents filed Title Suit No.66 of 1993 in the Court of the Subordinate Judge, Habigonj for declaration of their title in the suit land and for further declaration that the auction sale of the suit land did not affect the plaintiff...... civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400...Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
.... Bhushan his three sons Dinabandhu, Pranbandhu and Krishna Chandra Das i.e. the plaintiff Nos.1, 2 and 3 became the owners of the said 1.40 acres of land of Plot No.605 and the plaintiffs are also in possession of the said land. 3. That Vagaban Chandra Gope transferred .87 acre of land of Plot ......ourt of Senior Assistant Judge, Gazipur for partition. The plaintiffs' case, in short, was that Vagaban Chandra Gope, Debendra Chandra Gope and Rajendra Chandra Gope were the owners of 20.62 acres of land of CS khatian No.86 as described in the schedule to the plaint in equal share. Debendra Chandra......lt both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
....application for lease under development scheme granted lease initially for a period of 5 years and the said lease has been concluded by payment of rent upon execution of lease deeds and delivery of possession. The petitioner having successfully completed his lease period applied on 19.06.2006 for ......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
...... Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....g rise to Title Execution Case No.2 of 2002 for realization of the decretal amount which stood at an amount of one crore and odd. Opposite party No.1, however, initially took an attempt to retain his possession and get the attachment of his property vacated by filing Miscellaneous Case No.39 of 2002......facility of Tk.20,00,000/-vide sanction advise No. AB/MJ/CR/1237 dated 10.8.1986 from the petitioner-Bank and as security of the said credit facilities the plaintiff-opposite party No.1 mortgaged his land properties through executing memorandum of deposit of title deeds on 3.10.1986, an irrevocable ...... Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......he Artha Rin Adalat. Moreover, as per the express provisions of section 6 of the Artha Rin Adalat Ain, 1990 the decision or Judgment and decree of the Artha Rin Adalat is final and the same cannot be questioned in any Court or by any authority except under the provisions of Artha Rin Adalat Ain. ..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....ared even then the right, title and interest of the plaintiffs in their shares have not been affected. The plaintiffs did not have knowledge about wrong recording of the khatian and that for peaceful possession of the suit land, they demanded partition but the defendants refused to do so. Hence, the......, in brief, are that the predecessor-in-interest of respondent Nos.1-6 and respondent No.7 instituted Title Suit No.85 of 2002 for partition on declaration of title claiming a saham for 1.45 acres of land described in the schedule to the plaint. The plaintiff’s case, in short, is that the suit lan......vision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250...Category: Property Law | Date: | Hits: 80
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....ol and others Vs. Obaidur Rahman Chowdhury and others, 31 DLR (AD) 133. In that case in a suit for permanent injunction, at a later stage amendment was sought for declaration of title and recovery of possession. Their Lordships held as under: "It is now well‑settled that the amendment of the pl......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......charged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......edings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be as may be necessary for the purpose of determining the real question in controversy between the parties." Subordinate Judge, 4th Court, Dhaka allowed the amendm..Category: Property Law | Date: | Hits: 151
....ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......l Statutory Jurisdiction)
Present:
Anwarul Hoque Choudhury J
Mohammad Asaduzzaman J
Commissioner of Taxes, Chittagong (South) Zone, Chittagong...........Applicant
Vs.
Mohammadi Trading Company........................................................Respondent
Judgment
May 31,......n the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh.
The question of law referred to is:
"Whether on the facts and in the circumstances of the case, the T..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......fice all over the world. There is therefore the existence of a central Organisation which controls from the head office for the purpose of issuing safety or survey certificate as are required under Inland Marine Laws calling at ports for which a fee is charged and that is the profit. The total incom......Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ...... the assessee American Bureau of Shipping are the same as in Reference Application Nos. 80 of 1992 and 81 of 1992 as above. 6. These three Reference applications call for an examination of similar question of law on identical facts though applied to different assessment years and they arose betwe..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....er the appropriate Martial Law Regulation has been made so as to oust the jurisdiction of the ordinary Courts. 24. Regulation 10 of Martial Law Regulations No.1 of 1975 deals with the offence of possession of illegal arms, ammunitions and explosives and Regulation 12 deals with the offence ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ...... Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......ntage of reading in advance the Judgment proposed to be delivered by my learned brothers K. Hossain and D. C. Bhattacharya, JJ. I concur with my learned brother K. Hossain J. K. Hossain J.—The question involved in this appeal it whether the High Court Division is justified in holding that the..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaintiff's case in ...... High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaintiff's case in brief is that the ......ellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 241; Krishna Nath Sar......ned Subordinate Judge also could not place any reliance upon the Dakhalias, Ext.4 series, produced in support of the plaintiff's claim of settlement, and negatived the plea of such settlement. On the question of possession, the learned Subordinate Judge was of the opinion that although the direct ev..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... as far as may be practicable, pronounce their opinion on all the important points.'' 16. The appeal before the Judicial Committee arose out of a suit brought for the recovery of a large area of land within fixed boundaries and also for the setting aside of an earlier summary order of the Court......ngly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ....... Khan, learned Counsel appeared for the petitioner and Mr. N. U. Haider, was also present to oppose this petition on behalf of Respondents No.1 and 2. Since this petition has raised some important questions of procedural law but at the same time the dispute which has arisen in respect of the elec..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ...... suit brought by the predecessor-in-interest of Respondent Nos.1 to 6 for partition on declaration of title. 2. Plaintiff, Mainuddin Chowdury, instituted the suit for partition of a piece of land measuring .40 acre, claiming a share measuring .08 acre therein, on the allegation that the s......ions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....''the lessor"* * * of one part
And
Mofazzal Hossain Khandker * * * hereinafter referred to as ''the Tenant" * * * of the other part.
Where the lessor is the 16 annas owner and in exclusive possession of the piece or parcel of land measuring one bigha, more or less fully described in sched......ainst a judgment of a bench of the erstwhile High Court of East Pakistan, dismissing a writ application made by Mr. M.H. Khandker, the appellant, who happens to be a lessee of a residential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity......ismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......aid Article were also liable to be assessed to local, rate as demanded by the Respondents.
6. Special leave to Appeal was granted by the Appellant Division of the Supreme Court for deciding the question as to the legality of the imposition of the Development and Relief Tax under the East Pakis..
Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......amined the appellants under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence, and in addition appellant No.1 stated that he was a simple farmer owning some agro land. The police had arrested him on 4.7.1992 and took him on remand for five days. The Investigatin......hey are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... other hand, he submits that there was no undertaking or assurance given by the University that they will be retained in the service or that there would be automatic absorption. He submits that the question of legitimate expectation is based on the qualities of the applicant and arises from the co..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......nd Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM while the victim Ansar Mallik was supervising cultivation of his land, accused persons armed with ramdao, Sena, Gascata dao and sticks suddenly attacked him; that he...... default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
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