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....uly served upon the petitioners’ father Abul Hossain, full brother of the vendor, and he was fully aware of the disputed sale. It was further contended that following the purchase he duly went into possession of the case land within the full view and knowledge of Abul Hossain and his sons, the pre......udgment
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the...... and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land within the sight of the pre-emptor for over a decade. [Anil Kumar and others Vs. Syed H....... Abdus Sobhan, Advocate - For the Petitioners.
Md. Khurshid Alam Khan, Advocate - For the Opposite Parties.
Civil Revision No.686 of 1992.
Judgment
Gour Gopal Saha J.- This Rule calls in question the judgment and order dated 6-2-1992 passed by the learned Subordinate Judge, 2nd Court, P..
Category: Property Law | Date: | Hits: 78
....m and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that while he has been in rightful possession of the suit property the same has been correctly recorded in his name in the finally publ...... instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as recorded in CS Plot No.787 under CS Khatian No.137/24 corres......hair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Arun Kumar Lal and others Vs. Assistant Custodian of Enemy Property (Land & Buildings) and ADC (Rev) Dhaka, 1983 BCR 225; Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46......trine of estoppel or waiver has no manner of application in the present case. Now here in the whole spectrum of deliberations the learned Courts below appear to have addressed themselves to the vital question as to whether the mere unsubstantiated claim of the vested property authority at the instan..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....ng a mutual human relationship of adjustment and so one cannot bind another by Court’s decree in a title suit in the nature of declaration of right, title, interest of the land and recovery of khas possession if one of the parties refuse to live with the other. It is an inhuman law where man or wo......by a registered kabinnama dated 5-2-1980 and they lived together as husband and wife and the marriage was consummated: the defendant No.2 took loan of Taka 3,000.00 from the plaintiff for purchase of land but the money was not repaid on demand; the relationship deteriorated and the defendant No.2 to......im, Advocate - For the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appe......ial and so it can be accepted. He submits that P.Ws. 1-4 by oral evidence proved marriage and their living together as the husband and wife. He also submits that there was marriage and so there was a question of divorce by the notice sent by the wife on 25-3-1981. He submits that the subsequent even..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......e there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180....... Revision No.2337 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 18-4-95 passed by the Subordinate Judge, Sadar Noakhali, in F..Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ...... Writ Petition No.7399 of 1997. Judgment Qazi Shafiuddin J.- The petitioner Md. Abdul Jalil Munshi filed nomination paper on 4-11-1997 for the post of Chairman of Eogram Union Parishad, PS Goalanda, District Rajbari. The Returning Officer cancelled the nomination paper on 5-11-97 on the poun......er be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......e petitioner that the petitioner is a loanee of the bank on the ground that his father took the loan and in the absence of such notice, the petitioner cannot be said to be defaulter. At any rate this question of fact ought to have been resolved by the Returning Officer or by the Thana Nirbahi Office..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....tions made in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but ......ed discussion of all the allegations made in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought ...... In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249....... Civil Appeal No. 45 of 1978. (From the Judgment and Order dated 4-2-77 passed by the High Court in Civil Revision Case No.718 of 1967.) Judgment Kemaluddin Hossain CJ.- In this appeal the question of competency of suit filed in the Civil Court, namely, Title Suit No. 174 of 1966 in the C..Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......he appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......ered its affairs to reduce the overall tax liability this would not entitle the Income Tax Officer to assess on the “anticipated commission”. It came to the conclusion that there could not be any question of accruing income and therefore, allowed the appeal and directed for exclusion of the comm..Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....sman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the deed, the petitioner requested the authority to hand over the possession of the land, but the authority with different pleas has taken dilatory tactics. The petit......ection 526 of the Code of Criminal Procedure filed before the High Court Division, the petitioner stated, inter alia, that the petitioner is a bona fide businessman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the de...... Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...Category: Criminal Law | Date: | Hits: 80
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
...... Rajshahi campus on 2 April, 2006 and Chittagong campus on 26 April 2007. The requirements for application were fulfilled as per law. The law requires that a Private University should have 5 acres of land (2, 16,000 square feet). As it is now impossible to find this quantum of land in any urban area...... date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
..
Category: Others | Date: | Hits: 197
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
...., the pro-forma respondent No. 2, as the Managing Trustee of the above trust; then Dr. Ashequr Rahman, with the consent of Jebonnessa, used to possess the said land as a co-sharer and he is still his possession of the same and his name has been recorded in last SA Khatian No.1090 and thereby he beca......ha, the petitioners both in Civil Petition Nos.1498 and 1499 of 2007 and respondent No.1 in Civil Petition No.1333 of 2008. On the averments that in CS Dag No.3123 Altabuddin owned 05-decimal of viti land in Khatian No.1590, Kafiluddin owned 05-decimals of land in CS Khatian No.1591, Ukiluddin owned......sed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......st the judgment and Order dated 9-11-2006 of the High Court Division passed in Civil Revision No.3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and both the petitioners are heard together and disposed of b..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234....... judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234....... Kemaluddin Hossain CJ.- The point involved in this appeal though a short one, is one of considerable importance, because of the different nationalisation legislations passed from time to time. The question is whether an employee of a Private Limited Company incorporated under the Companies Act,..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......uring the cross-examination they introduced artificial variation in their testimony so as to destroy the value of the evidence. The reason is not far to seek because deceased Sohrab Sardar had some land disputes with his step-brother, the accused appellant Nos. 1 and 2 and these disputes had led t......on in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......who did not make any contradictory statement in his cross-examination. 5. The learned Additional Sessions Judge did not place any reliance upon the obliging answers given by the witnesses to the question of the defence and relied on the statement made in the examination in chief in the Sessio..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....ersing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsif, Comilla. Th......ring remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 of 1963 of the 3rd Court of Munsif, Comilla. The suit land, which appertained to C.S. Plots Nos. 675 and 678 of Mouza Chatura, belonged to defendant No 2....... This Case is also Reported in: 35 DLR (AD) (1983) 174. ......6(A). Civil Appeal No. 20 of 1982. From the judgment and decree dated July 23, 1980 passed by the High Court Division in Second Appeal No. 220 of 1966. Judgment Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the High Court Division is well founded..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......on Council shall— (a) pay immediately the entire amount of the dower whether promt or deferred, due to the existing wife or wives, which amount if not so paid, shall be recoverable as arrears of land revenue; and (b) on conviction upon complaint be punishable with simple imprisonment whic...... the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......r he himself is a litigant unable to discharge his duties of Chairman, the Union Parishad shall elect one of its Muslim Members as Chairman for the purpose of this Ordinance. 10. The pertinent question that has been raised in the judgment of the High Court Division whether there was any compe..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ...... This case is also reported in: 35 DLR (AD) (1983) 165. ......fficer under section 34 of the Income Tax Act was barred by limitation; (2) whether the word 'person' includes 'firm' of the assessee. 5. A Division Bench of the High Court Division answered the questions in the affirmative and held that (1) the issuance of notice upon the assessee for re-asses..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....(Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative and for recovery of possession of the suit land. During the pendency of the suit the original plaintiff Abdul Gani died ...... Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illegal and inoperative......d. This Case is also Reported in: 35 DLR (AD) (1983) 162.......the High Court Division erroneously held that though notice of the suit was not served the defendants otherwise got knowledge of the suit which was sufficient for maintaining the ex parte decree. The questions raised merit considerations." 8. Mr. M. G. Rabbani, learned Counsel, appearing for the ..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....eeding under section 145 of the Criminal Procedure Code. It was asserted by him that there was no apprehension of breach of peace as reported by the police and he and his co-sharers are in peaceful possession of the land involved in the proceeding. Further, subsequently police reported that there ......tagong. Facts stated by the appellants are that on a police report the Sub Divisional Magistrate, Cox's Bazer, drew up a proceeding under section 145 of the Criminal Procedure Code, He attached the land involved, and appointed Circle Officer (Revenue), Chakaria receiver of the same. Written stat......lso Reported in: 35 DLR (AD) (1983) 127. ......me Code, the Sessions Judge when acting under the new section could be treated as an inferior Court as contemplated under sections 435/439 of the Code of Criminal Procedure. 5. To determine this question which has assumed some public importance, a comparison between the provisions of the afor..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appellants for declaration of their title and for confirmation of possession in some portion of the land in suit, described in Schedule 'A' to the plaint and for reco......llowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appellants for declaration of their title and for confirmation of possession in some portion of the land in suit, described in Schedule 'A' to the plaint and for recovery of possession of the remainin...... There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......d decree of the trial Court were set aside and the suit was dismissed on the basis of the aforesaid findings. 6. Special leave was granted by the Appellate Division for considering the following questions: (1) whether the High Court Division was correct in holding that the law of estoppel was n..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....0 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenants and for confirmation of their possession in the said lands as well as for a permanent injunction restraining the defendants from i......e appellants instituted the suit being Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenants and for confirmation of their possession in the said lands as well as for ...... date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......ovisions of sections 86 and 87 of the State Acquisition and Tenancy Act. While disposing of the said application by his order dated 24.3.73 the learned Subordinate Judge appears to have gone into the question of the truth or otherwise of the allegations made in the plaint and having held, on the b..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......ght of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191....... 62. If rule 62 is interpreted in the light of the next rule, namely, rule 63, then it will be abundantly clear that the secrecy of voting is to be maintained up to a certain limit but when it is a question of ascertaining in whose favour those Votes were cast in pursuance of an investigation auth..Category: Election Law | Date: | Hits: 163
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