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Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....als of land in favour of his (plaintiff’s) wife on receipt of proportionate consideration money. Later on, he sold the remaining five decimals to defendant No.4, who after so purchase, was enjoying possession of the same by constructing a structure thereon. The plaintiff instituted the suit with a......herein opposite party No.2) entered into an agreement with the plaintiff Sheikh Amin Uddin and his wife Mst. Rabeya Khatun (herein opposite party Nos.1 and 3 respectively) for selling ten decimals of land appertaining to S.A. Khatian No.480, Plot No.3861 within Mouza Bania Khamar, Police Station and......This case is also Reported in: ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ..Category: Property Law | Date: | Hits: 99
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....) before the Upazila Magistrate, Bahubal, Habiganj on 2.11.1986 against opposite party No.1 Jira Miah stating, inter alia, that the opposite party along with his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). H......gistrate, Bahubal, Habiganj on 2.11.1986 against opposite party No.1 Jira Miah stating, inter alia, that the opposite party along with his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). He claimed title over th...... at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
....g the plaint in Title Suit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and from transferring it to any other person.
2. Plaintiffs’ ca......ural justice. Under the facts and circumstances of the present case, the ouster clauses are not applicable and the civil Court is fully competent to adjudicate the issues and decide title of the suit land on that basis.
10. On the jurisdiction of civil Court, Mr. Mandal refers to the cases of Mo...... Court
High Court Division
(Civil Appellate Jurisdiction)
Present:
Faruque Ahmed J
Md. Ruhul Quddus J
AKM Waliullah and others ………………...Appellants
Vs.
Secretary, Ministry of Housing and Public Works and others…………………Respondents
Judgment
Decemb......ivil Rule.
10. Mr. Md. Lutfor Rahman Mandal, learned Advocate appearing for the appellants submits that the Court of Settlement had no jurisdiction to decide title of the suit property and as such question of title between the parties is still open to be decided by a competent civil Court. Since ..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......lso Reported in: 35 DLR (AD) (1983) 123. ....... Civil Appeal No. 46 of 1982. (From the Judgment and order dated 3 November, 1981 passed by the High Court Division in Civil Revision No. 921 of 1974) Judgment Shahabuddin Ahmed J. - The question involved in this appeal by special leave is whether the learned Single Judge of the High Co..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....t property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by evicting the defendant on the basis of his auction purchase of the touzi revenue sale ...... of 1959 The question Involved in this appeal is whether the defendants held the suit property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by ......also reported in: 35 DLR (AD) (1983) 116.......Second Appeal No. 1245 of 1962 affirming those of the Subordinate Judge, Bogra in Title Appeal No. 73 of 1961 reversing the decision of the Munsif, First Court, Bogra in Title Suit No 317 of 1959 The question Involved in this appeal is whether the defendants held the suit property in occupancy rig..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....he Penal Code to one under section 323 of the said Code because of his finding that section 148 of the Penal Code was not attracted in the facts of the case for the reason that the appellants were in possession of the disputed land and used force only to enforce their right over the property. It was......section 323 of the said Code because of his finding that section 148 of the Penal Code was not attracted in the facts of the case for the reason that the appellants were in possession of the disputed land and used force only to enforce their right over the property. It was the complainant and his me......ingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......er delivering the judgments, the order of the Court was as follows: “Since we have expressed different views in respect of imposing death sentence and split judgment has been passed only on the question of maintaining capital sentence, the case records of the Death Reference and connected Crim..Category: Criminal Law | Date: | Hits: 94
....by the side of the Railway Track, from the Bangladesh Railway and was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Thereafter, the license was renewed from time to time. But subsequently, the......ation at mile No.168/16 to 168/18 under J. L. No.17, Mouza Sultan Mahmud, by the side of the Railway Track, from the Bangladesh Railway and was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Th......ccordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......379 of 2007 discharging the Rule.
3. Facts relevant for disposal of the instant leave petition are that the petitioners’ father Sarbananda Samajpati applied for getting lease of the property in question situated at the HHNZ station at mile No.168/16 to 168/18 under J. L. No.17, Mouza Sultan Ma..
Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......e appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......it can in law validly form the sole basis of the conviction of the maker and there is no need at all to look for further corroboration. A retraction of a confession has no bearing whatsoever upon the question whether it is true and voluntary. In State Vs. Fozu Kazi @ Kazi Fazlur Rahman, 29 DLR (SC) ..Category: Criminal Law | Date: | Hits: 100
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....ur of Sree Krishnapur hat committee and the defendant is possessing remaining 2.66 acres of land; that the original owner of the land died in the year 1972-73 and the plaintiff has no right title and possession but he filed this suit with created documents and as such the suit is liable to be dismis......54 of 2001 dismissing the suit. 2. The petitioner as plaintiff filed Other Class Suit No.54 of 2001 before the Court of Assistant Judge, Tarash, Sirajganj for declaration of title of 2.27 acres of land and further declaration that the Deed No.8999 dated 24.11.1969 of Naogaon Sub-Registry office w......er of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....owner of the property makes it over to another person to be retained by him until certain contingency arises or to be disposed by him on the happening of a certain event. The person who transfers the possession of the property to another person still remains the legal owner and the person in whose f......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......e already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....ement that the suit land is the khas land of the Government which settled 13.03 acres of land to these defendants who are landless cultivators and on the contrary the plaintiffs have no title to, and possession in, the suit land. Defendant Nos.25 to 28 also filed a separate written statement but ult......facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land covering an area of 43 acres appertaining to ......e) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......eputy Attorney General, it is necessary to go through the leave granting order. Leave was granted to consider the following submissions of the learned Advocate for the petitioners. "I. The land in question is the khas land of the Government and the Government settled the same to various defenda..Category: Property Law | Date: | Hits: 67
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......n the Ministry and the decision dated 25.02.2010 of the Standing Committee, the Ministry adopted a proposal on 29.04.2010 for gradual transfer of the manpower of 13 projects including the prakalpa in question to the revenue budget with effect from the respective dates of their completion (date of ex..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......eing the feeder post for promotion to the post have already been upgraded as Second Class Gazetted Officers. The moment the High Court Division passed the judgment and order, it became the law of the land in view of the provisions of article 111 of the Constitution unless the same was modified/set a......his Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......f the High Court Division not being equivalent to the post of the Bench Readers of the Appellate Division are not comparable as their terms of service are guided by two separate service Rules, so the question of discriminatory treatment with the petitioner and the other Bench Readers does not arise ..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......ion for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......se before the Administrative Tribunal was not barred by limitation. The learned Member of the Administrative Tribunal calculated the time limit from wrong premises on a superficial view of Jaw on the question of limitation and eventually fell in error in disallowing the respondent's case On limitati..Category: Administrative Law | Date: | Hits: 240
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....anding over the plot to him he expired in a hospital in Chittagong on 19.06.1994 leaving behind the respondents as his heirs. 3. The respondents submitted all necessary papers to RAJUK for getting possession of the plot. RAJUK by letter dated 09.10.2007 requested the respondents to submit a succe...... Rule absolute. 2. The respondent filed the Writ Petition No.6642 of 2008 in the High Court Division stating, inter alia, that father of the respondents, namely, Abdul Hamid was allotted 5 kathas land of plot No.7, Road No.20, Block-J, Baridhara Residential Area, Dhaka by allotment letter dated ...... 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......The High Court Division by judgment and order dated 04.08.2009 was pleased to make the Rule absolute directing the writ respondents (petitioners herein) to handover physical possession of the plot in question to the writ petitioners (respondents herein) within 2 (two) months from the date of receipt..Category: Civil Law | Date: | Hits: 76
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......General, appeared for the writ-respondents and made verbal submissions. A Division Bench of the High Court Division after hearing the writ petition along with other writ petitions involving similar question of law by the impugned judgment and Order discharged the Rule.
5. Mrs. Nahid Mahtab, lea..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... December, 1958 by the Plaintiff and the defendants in respect of their ejmali property. Before execution of the partition deed, the plaintiff and his three brothers set up a petrol pump on a plot of land on taking lease which is the subject matter of the suit and the petrol pump was rented to a ten......se is also Reported in: 64 DLR (AD) (2012) 17. ...... out of the petrol pump business by the other co-sharers. In the petition for amendment of the written statement, the appellant wanted to delete those facts admitted in the written statement. Now the question is whether such amendment and alteration can be allowed. The High Court Division was of the..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....he plaint. The plaintiff also filed an application under Order XXXIX, rule 1 of the Code for temporary injunction restraining the defendants from entering into the suit land and disturbing him in his possession thereon. On the said application for temporary injunction, the trial Court issued notice ......re that the plaintiffs’ father Abdus Sattar Bhuiyan since deceased instituted Title Suit No.183 of 2006 before the fourth Court of Joint District Judge, Dhaka for declaration of title over the suit land as described in the schedule of the plaint. The plaintiff also filed an application under Order......gree. Ed. This Case is also Reported in: ......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....on this score has been curtailed. 7. Section 18(1) says that notwithstanding anything contained in the Transfer of Property Act, 1882 or the Contract Act, 1872 no order or decree for recovery of possession of any premises shall be made so long as the tenant pays rent to the full extent allowa...... has become essential by this Court. 3. Whether the trial Court below, upon the finding that the trade licence of the tenant was in the name of Universal Repairing Works and the assertion of the landlord that the tenant was carrying on the repair work of worn out materials in the suit premises,......e find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183....... of 1977. (From the Judgment and Order dated 16-11-3976 passed by the High Court in Civil Revision Case No.850 of 1975.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were wel..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ...... objection was raised as to the levy of Cyclone Relief Surcharge under Ordinance I of 1971. The petitioner ultimately filed writ petition before the High Court which dismissed the petition. 4. Two questions were raised before the High Court, namely, (1) whether the charging of tax under the Inc..Category: Fiscal/Taxation Law | Date: | Hits: 131
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