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Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......ourt of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......present petitioner and others were restrained from making any katcha and pucca construction or from making any structure of any pucca building or from changing the nature and character of the suit land till disposal of the miscellaneous case. The present petitioner filed Miscellaneous Appeal No...Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....li Sikder, for an area of land measuring 2.09 acres of land. The appellate court below further held that Ext. 7(b) can not be connected with either Ext. 7 or Ext. 7(a) and it is not a document for settlement of land. The appellate court below further observed that neither in the plaint nor in th...... allowed by a Single Bench of the High Court Division after setting aside the judgment and decree passed by the lower appellate court decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....f the unauthorised occupant. The other contention is that in view of the judgment in Writ Petition No. 35 of 1985 and the direction therein to retain the property by the appellant for facilitating settlement of the claims of the bank by negotiation or by litigation is also not legally well found...... as claimed by the bank was an equitable mortgage as regard tne property in question and other properties of Respondent No.3 and as such there is no occasion for the bank to be in possession of the land as security of the mortgage in question. The above being the factual position the High Court ..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......nt in Other Suit No. 60 of 1981 in the Court of the Subordinate Judge, Rangpur at whose instance this appeal has been preferred. 2. The plaintiff respondents case is that an area of 92.28 acres of lands out of 105.50 acres including the suit land of C.S. Plot No.1 of C.S. Khatian No. 7 was taken ..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....of Criminal Procedure on June 11, 1975; and the said proceeding was made absolute. Thereupon the defendant No.1 filed Title Suit No. 626 of 1975 in the Court of Munsif, by Bahar Ali upon obtaining settlement in Chuadanga, seeking declaration of Titles and for a further declaration that the S.A k......Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void ..Category: Property Law | Date: | Hits: 48
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......accused No.1 is residing abroad and 4/5 months ago he came from abroad and made the conspiracy. It was stated in the petition of complaint that the complainant's husband died 2/3 years ago and the lands mentioned in the petition of complaint belonged to her and she was possessing the same and th..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....r relating to the benefits of the scheme whether against the Board or the company, shall be settled in the same manner as is provided for in the Payment of Wages Act, 1936 (IV of 1936), for the settlement of the claims arising out of deductions from wages." 11. Section 5 reprod...... (3) A penalty imposed by an order under sub-section (2) shall, if it is not paid within the time specified in the order, be recoverable as an arrear of land revenue. (4) The Government may, upon an application made in this behalf by any per..Category: Labour and Industrial Law | Date: | Hits: 95
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......n with the defendants managed to get the instant fraudulent preliminary decree behind the back of the petitioners and thereafter the same was made final inasmuch as they have got the shares in the land under partition. As the petitioners challenging the said decree instituted Title Suit No.483 o..Category: Property Law | Date: | Hits: 34
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......discharging the Rule and affirming the judgment and decree of the appellate court. 3. Plaintiff-respondents filed Title Suit No. 106 of 1975 for declaration of their title in the suit land measuring 13.79 acres. The plaintiffs claimed that heirs of original owners sold the suit land..Category: Procedural Law | Date: | Hits: 113
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......al Judge, and Special Judge, Kishoreganj. 2. The prosecution case, in short, is that while the accused appellant, Md Alauddin Bhuiyan had been working as Nazir of Tarail Upazila Revenue Office (AC land's office) in the year of 1987, he received lease money from the different lease holders and auc..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....on after publication of draft record of right prepared as per provisions of rules 26, 27 and 27A. It is seen from the Rule 39 in Chapter 8 of the Tenancy Rules, 1955 a Revenue Officer when he acts as settlement officer or objection officer shall have all powers exercisable by a Civil Court in the tr......t filed by the complainant-respondent No.1 Abdur Rahim Sheikh before the Court of Magistrate, 1st Class, Tangail on December 31, 1994 alleging, inter alia, that he, his brothers and sisters inherited land measuring 4.59 acres and enjoying the said land on payment of rent, that the opposite parties i..Category: Criminal Law | Date: | Hits: 48
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......s such the question of bar of limitation did not arise. The lower appellant Court also held so. 7. Mr. Asrarul Hossain, learned Counsel for the appellant, submits that a "transfer" of pre-emptable land, effected by a registered document is to take effect under section 47 of the Registration Act a..Category: Procedural Law | Date: | Hits: 119
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......its agreement the Sangstha may sell or realise the property, etc. to secure its liability to the Sangstha. Section 35 provides that such sum due to the Sangstha shall be recoverable as arrears of land revenue but such sum shall not be recovered unless fifteen days' notice has first been given by..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......Comilla Bench, were right in holding that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-emption on the basis of contiguous ownership of the disputed lands would prejudicially affect the respondent as it would alter the nature and character of the ..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......24 of 1988 and upholding the judgment and decree of the lower appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respond..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....lined to exercise jurisdiction in that it failed to notice that the appellant had no remedy under the Ordinance at the time when the writ petition was filed and rule issued inasmuch as the Court of settlement was constituted tong after the filing of the writ petition. The learned counsel also subm......the heading 'Motijheel Commercial Area' shall not be declared to have been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purchased the land measuring .70 acres with a two-storiyed residential house at holding No. 10/1 Toyenbee Circular..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ...... 1st Court, Dhaka. Later it was transferred to the Court of Munsif, Gazipur and it was renumbered as Pre-emption Miscellaneous Case No. 109 of 1983. Pre-emption was sought with regard to .70 acres of land out of 3.22 acres and the pre-emptor deposited Taka 4000/- with compensation at the rate of 1..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......such by its order dated 1.6.88. 3. This School was established at the initiative of the local people in 1933 and in order to make it a modern institution, the Government requisitioned 12 bighas of land in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L...Category: Civil Law | Date: | Hits: 130
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