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Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......porary injunction on untenable grounds. 7. The only material question for consideration in this appeal is, whether an order of temporary injunction can be granted by a civil Court in respect of a sale notice published under Article 34 of the BSRS Order, 1972 in view of the embargo put under Arti......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......cipal Administration Ordinance, 1960 which governed the appellant during the material period has empowered it to establish and maintain public markets and provide places for use as public markets for sale of articles of food and drink and of animals. Any purpose which benefits the public or a sectio...... on the land in question which provide shops to the town folks and a municipal facility. Therefore, the purpose for which the blocks have been used is a public purpose. 11. Furthermore, it will indeed be unconscionable if after about 22 years the appellant, which is a public body, be expropriate..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......4) 2 SCR 90 the Supreme Court of India summed up the principles governing determination of benami transaction in the following words: “Though the question, whether a particular sale is benami or not, is largely one of fact, and for determining this question, no absolute form......money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title deeds (vi) conduct of the parties in dealing with the property after the benami transaction…..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......ntiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra Chakravorty who in mm sold the land to Abdul Kader by......s filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra Chakravorty who in mm sold the land to Abdul Kader by a r..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ...... appeal from the impugned judgment. 2. Material facts of the case are that the plaintiff claims title to the suit property through one Jatindra Mohan Basak with whom he had an agreement for sale of the suit land dated 16-3-1950. He has been in possession of the suit land since then. The s......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......h in which his name is engraved. This establishes the title of the plaintiff. 3. Defendant Nos.1-3 contested the suit claiming settlement of the land also on the basis of a registered lease deed dated 3 April 1957 which is said to be in confirmation of a lease in their favour granted by t..Category: Property Law | Date: | Hits: 65
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......a damage of Taka 1 crore against the respondent. At that stage, the respondent attempted to sell the petitioner’s Mill under article 34 of the BSRS Order, 1972 and published tender notice for sale. On an application filed by the petitioner the trial Court by order dated 7-10-1995 granted te...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... 5th June, 1989. He took a lease of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdhani Unnayan Kartripakkhya, shortly RAJUK, by a deed of lease dated 19-7-66 on payment of all premium. During his lifetime late, Syed Mozaffar Hoss..Category: Property Law | Date: | Hits: 56
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
.... and executed an agreement on 7- 4-84, clause 18 of which provided that the possession will be delivered subject to joint audit and verification of accounts and adjustment, if, necessary. After the execution of the agreement, the possession of the factory was handed over to plaintiff No.1 withou......bsolute. 2. The plaintiffs filed Title Suit No. 101 of 1989 in the 3rd Court of Subordinate Judge, Dhaka on the allegations, inter alia, that the respondents published a tender notice for sale of the shares and movable and immovable assets of Albert David (Bangladesh) Ltd. and plaintiff......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......any, was authorised to purchase a complete set of imported machineries in packed condition from the aforesaid proprietorship concern and was further authorised to sign and execute the agreement for sale on behalf of the company. The Managing Director-respondent No.2 (the present petitioner) purc...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......s the writ petitioner. It is alleged in the writ petition that late Afaq Ahmed Khan, a migrant from India and a Government servant of the then East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. He constructed a house therein. He himself used to..Category: Property Law | Date: | Hits: 48
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....d realise the disputed money causing great prejudice to the petitioner. 5. We have not been able to understand either the impugned order or the submission made by the learned Advocate. The execution case was stayed, obviously, pending disposal of the first appeal. Now that the first appe......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..Category: Others | Date: | Hits: 74
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... of the relevant provisions of law the suit land and other lands of defendant No.1 was auction sold to the plaintiffs on 10-8-62 after due publicity and within the knowledge of defendant No.1. The sale was confirmed on 15-10- 62. The plaintiff got the sale certificate and took the delivery of po...... plaintiff never got possession of the suit land by virtue of such void sale. While in possession Pasiran Bibi transferred the suit land to her two daughters, Saleha and Hamida by registered kabala deed dated 22-9-66, on receipt of consideration. Thereafter, Pasiran Bibi died on 14-11-66. After ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... that Dr. Ansari was exempted from appearing before the Sub-Registrar. The Court of Settlement also found that there was no evidence that the deed of gift has been acted upon. 7. As regards execution and registration upon or not deed of gift it appears that the Court of Settlement failed ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......t there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in the deed is not sufficient. There must be something to indicate acceptance of the gift and such accept..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......diction. 5. Sub-section (1) of section 29 of the Town Improvement Act as amended by section 22 of the Town Improvement (Amendment) Act, 1953 empowers RAJUK to dispose the acquired land by a sale, lease, exchange or otherwise and sub-section (2) of section 79 provides that acquisition of ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ...... Briefly stated, the facts of the case as set out in the writ petition run thus. The property in question belonged to Jogesh Chandra Das and Tarak Nath Das who transferred the same by a registered deed in 1962, to Md Siddique Jamal, Ibrahim Siddique Jamal and Daud Siddique Jamal in exchange of t..Category: Property Law | Date: | Hits: 73
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ...... of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitioner having released the goods on payment of additional customs duty and sales tax he ought to have asked for refund under section 33 of the Customs Act within six month. ....... The respondent could have applied to the relevant authority for refund within six months. The respondent did not take any steps within the time limit as contemplated under the law and this was indeed a efficacious remedy which the respondent did not avail of and on that ground as well the lear..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....In such a situation onus lies heavily on plaintiff to prove that the transaction is a mortgage. It is well settled that if the document is of a lesser price than the price prevalent at the date of execution then the document may be construed as a deed of mortgage. Admittedly the price mentioned ......ed of, the plaintiff filed the suit for redemption of mortgage. 3. The case of the defendants is that the plaintiff transferred the land for a consideration of Taka 1500.00 by a registered sale deed on 26-3-62 to Abdul Gafur Mridha who was enjoying the property, According to the defendan......y the Munsif (now Assistant Judge), Kapasia in Title Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecess..Category: Property Law | Date: | Hits: 64
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ...... cancel the lease of the petitioners of Writ Petition No. 4598 of 1997 without assigning any reason whatsoever. He has specifically drawn our attention to clause 25 of the said Annexure which is a deed of lease. It appears that in this Clause it has been mentioned that the lease may be cancelled..Category: Property Law | Date: | Hits: 71
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....rom the civil administrative executive services of the Republic. While the function of the civil administrative executive services is to assist the political executive in formulation of policy and in execution of the policy decisions of the Government of the day, the function of the judicial service......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
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