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Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....e should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, Mohammad Haider Ali Fakir has filed this application asserting as the rightful owner in occupation of the said holding with a semi-pucca structure thereon by virtue of an agreemen......hellip;....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 DLR 5......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....a' list of the abandoned properties published in the Bangladesh Gazette (Extraordinary) dated23.9.86 3. Petitioner's case is as follows: One Md. Enayetullah Khan became the original owner of the said property by way of a lease granted by the Government vide a registered deed of lea......orted in: 46 DLR (HCD) (1994) 18 ......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....of Wards. The opposite party after taking settlement of the suit land from the Chief Manager of Nowab Court of Wards was in possession on payment of Salami and rent. During his peaceful possession as owner, some of the employees of the petitioner tried to encroach upon the land on November 20, 1986.......llip;…………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M ...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
..... 281 of Khatian No. 104 an area of 3.42 acres of land, half of the said case land was purchased by him and her, brothers through registered kabala deeds and the remaining half was exchanged from the owners. He took possession of the case land along with his brothers and enjoying and possessing the ......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
.... told him that they despatched 11000 gallons of oil. He denied the defence suggestion dial the questioned oil was not booked. 14. The next and last witness is P.W. 3 Md. Abdur Rahman, who is the owner of Rahmat Bhander. He deposed that on 4.12.75 they purchased 11000 gallons of kerosene oil fro...... is also Reported in: 46 DLR (HCD) (1994) 149. ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....his points for argument has drawn my attention first to section 6(d) of the Transfer of Property Act which reads thus: “Sec.6 (d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him." He has also drawn my attention to some oth......;………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and ...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....atian No. 3691 as cultivable vacant land within Sylhet Municipality, Kalighat, was acquired by purchase in 1949 (1356 BS) by one Duraram Upadhyaya, S/o. Late Thoparam Upadhyaya from the original owner Rakesh Chandra Kar and others. During the last Settlement Survey, the said land was wrongly re......a Chowdhury J
Aftabuddin Ahmed.......................................Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....d Qumrul Hoque and obtained a decree for specific performance of contract and in execution of the said decree obtained a kabala through Court on 25.9.79 and thereby the petitioner became the absolute owner of the said holding. In the said suit the Secretary, Ministry of Works and the Government of B......ision
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Qazi Shafiuddin J
Rahela Khatun.....................Petitioner
Vs.
Chairman, Court of Settlement, Bangladesh Abandoned Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....of abandoned property should not be declared to have been made without any lawful authority and are of no legal effect. 2. The facts giving rise to this Rule are: Mr. PBA Selim was the original owner of the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which ......tion) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgm......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....such joint fund? Did plaintiff contribute any money for acquisition of these properties, and issue No. (12), "Were the disputed properties acquired by the fund of the defendant No. 1 ? Is he the owner possessing the same exclusively? The main thrust of the learned Subordinate Judge's inquir......1991) 121 ...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
....he documents were missing and misplaced in the Malkhana of the Kotwali Police station, Mymensingh. After taking over charge the present Liquidator found that the aforesaid bank in liquidation was the owner of some immovable properties in Mymensingh town as given in paragraph 19 of the charge report.......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....aring the title to the share of 2 annas 6 gondas 2 Karas 2 karanti share of Syed Wazed Ali Azam in the suit plot, in favour of the plaintiff. 3. Admittedly one Syed Md. Ali Azam was the original owner of the disputed land who died leaving several heirs including a son named Syed Wazed Ali Azam,......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....hol which he imported from Hongkong through Foreign Post Office and forwarded the accused‑petitioner to Motijheel Police Station and lodged an FIR to the effect that the accused‑petitioner as the owner of Saco Trading Company tried to clear a consignment of 640 watches contained in packets by mi......not mentioned in the first FIR on the basis of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....le by adverse possession and for declaration that the proceedings of Mutation and Separation Case No.29/1982‑83 is void, illegal, fraudulent and inoperative. Her case, briefly, was that she was the owner of the property in suit by purchase from Nakuleswar and Sudhir Chandra Binda. During the perio......claratory suit is maintainable if it is found that the document with regard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favou....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....ed by Mr. Z H Md. Daud, Subordinate Judge, 1st Court, Dhaka in Title Suit No.502 of 1974 for Specific Performance of Contract. 2. The plaintiff's case, in brief, is that defendant No.1 being owner of the suit lands proposed through defendant No.2 to sell out the suit‑lands to the plaintif......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....ication and deposition could be admitted into evidence suggesting an inference for the purpose of falsifying the claim of the defendant as to evidence adverse possession because a tenant under a real owner cannot switch his loyalty so often. Since plaintiff has not taken delivery of possession as au...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rabban (Md) .......................................................Appellant Vs. Aminul Hoque Sowdagar and another..........................Respondent Judgment March 15, 1990. Result: ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....eath of Shorojini Bala Dulta her daughter-in-law Anjali Rani Dutta obtained probate of the said Will in Probate Misc. Case No.103/63 in the 4th Court of Munsif, Narayanganj on 20.5.64 and thus became owner of the suit lands and the premises therein along with other lands of the said Will. Anjali Ran......l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....aring No Jessore T-813 loaded with potatoes for its carriage and delivery at Kalitola of Bogra town and that as they failed to return to Jessore with the said truck within a reasonable time, the owner of the said truck Moyenuddin along with his relation Abdur Razzak, Tappn Kumar Mitra, brother ...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....a was executed in favour of the plaintiff and the defendant No.1 put the plaintiff in possession of the suit land. Since then the plaintiff has been possessing the schedule land in assertion of his ownership by purchase openly, peacefully, continuously and adversely against defendants and others......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen...... raised by the learned Advocate for the appellant it is to be stated that the plaintiff filed a simple suit for declaration on the basis of agreement for sale. It is true that to protect plaintiffs possessory right in the property he can file a suit to protect his possession alone. The plaintiff h..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... pledged goods the Bank could, as a pledgee, get release of the attached goods under Order 21 rule 60 of the Code of Civil Procedure, and that the Bank as a pledgee could not have more right than the owners themselves and that the owners could exercise their right over the attached goods only afte......ult: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the def...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
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