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Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....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 ......nal District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......missioner, Rangpur was defendant 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......eferred to- Abdul Kader Mondal and others Vs Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 51 DLR(AD) 253; 1 BLC (1996) page 105. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Sajjadul Huq, Advocate-on-Record- For the Appellant A. H. Amin, Advo..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....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 ......s to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ....... 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 and not binding upon the plaintiff and that t......to- 41 DLR (AD) 1997; Malik Din and another Vs. Mohammad Aslam, 21 DLR, 95; Alauddin Mia and another Vs. Abdul Latif and others, 9 DLR, 357. Lawyers Involved: S. S. Haider, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advocate-On-Record- For the Appellant. A...Category: Property Law | Date: | Hits: 48
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....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......erits no consideration. Accordingly, it is dismissed. Ed. ......inst the judgment dated 7-12-2000 passed by a Division Bench of the High Court Division in Criminal Revision No. 289 of 1999 discharging the Rule. 2. The facts, leading to this petition, are that complainant-respondents filed a petition of complaint on 2-6-1996 before a learned Magistrate, ......dus Salam................Petitioner Vs. Samala Bibi and others.........Respondents Judgment May 22, 2002. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Not represented- For the Respondents - For the Respondents C..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
.... (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......e by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungonj, Chittagong and others .......Respondents Judgment January10, 2007 Ca...... J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungo..Category: Labour and Industrial Law | Date: | Hits: 95
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....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......f the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... March7, 2004 Cases Referred to- Shawkat vs. Bhimeshwari, AIR 1978 SC 528. Aftab Ahmed vs. Moinuddin Zaigirdar and another, 46 DLR 173. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners Nurul Islam Bhuiyan, Advocate-on-Record- For...... Cases Referred to- Shawkat vs. Bhimeshwari, AIR 1978 SC 528. Aftab Ahmed vs. Moinuddin Zaigirdar and another, 46 DLR 173. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No. ..Category: Property Law | Date: | Hits: 34
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....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......wab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 541 of 2002. (From the judgment and order dated 25.6.2001 passed by the High Court Division in Civil Revision No. 1602 of 1994.) Judgment: ......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 to one Chapala Bala by registered kabala dated 9.5.........Petitioners Vs. Sree Bhaba Sindhu Sarkar and others..................Respondents Judgment July 2, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to App..Category: Procedural Law | Date: | Hits: 113
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of 2003 making the Rule ab......nst the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of 2003 making the Rule absolute. 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was talking with the othe......ant Vs. Omar Ahmed……………..Respondent. Judgment December 6, 2007. Lawyers Involved: Salah Uddin Ahmed, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record, For the Appellant. ..Category: Criminal Law | Date: | Hits: 41
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......l Petition Nos. 95-96 of 2007)
Biswajit Dutta (Bulu)................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by execu......ted 19.7.2006 passed in Civil Revision No. 4654 of 1998. In all the civil revisions the Rules were discharged.
2. In respect of the above Civil Petition Nos. 95 and 96 of 2007 facts in short are that Biswajit Dutta (Bhulu),as plaintiff No. 2, instituted the above Title Suit No. 227 of 1998 in ..................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform ..
Category: Civil Law | Date: | Hits: 111
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....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...... Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by the High Court Division in Criminal Appeal No. 1296 of 1994). Judgment: Md. Fazlul K......Division in Criminal Appeal No. 1296 of 1994 arising out of Special Case No. 19 of 1991 in the Court of 2nd Additional 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 Rev......n (Md)......................Petitioner vs State…………………………………………….Respondent Judgment March 22nd, 2007 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represe..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....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...... Md. Fazlul Karim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish All and another vs State 38 DLR 270; Thakur Nirman Singh vs Thakur Lal R...... Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......i Mohan Das 56 DLR 276 and Abul Hossain (Md) vs State 55 DLR (AD) 125. Lawyers Involved: Subrata Saha, Advocate (appeared with the leave of the Court) instructed by Sufia Khatun, Advocate-on-Record—For the Appellants Dr Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advoca..Category: Criminal Law | Date: | Hits: 48
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....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...... the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the date on which the deed of sale is registered and the title effectively passes. After presentation of the deed for registration before completion of the registration under s......if, Dhaka, resisted by the pre-emptee appellant on the ground, inter alia, of limitation. The trial Court allowed pre-emption, but the lower appellate Court refused pre-emption. Both the Courts held that the question of limitation did not arise. In revision a learned Single Judge of the High Court D...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: The appeal is dismissed. The State ..Category: Procedural Law | Date: | Hits: 119
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....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...... Judgment November 15, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment of any loan has been made a disqualification to be elected or to be nominated to the election of a Chairman of Un...... against the judgment and order dated 10.1.89 passed by the High Court Division in Writ Petition No.44 of 1988. 2. Leave was granted by this Court in the following terms: — "It was urged that respondent No.1 was a defaulter on the date of nomination of the candidate i.e. 10th January, ...... The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment of any loan has been made a disqualification to be elected or to be nominated to the election of a Chairman of Union Parishad. Failure to pay any instalment ma..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. ......d in: 42 DLR (AD) (1990) 112. ......6 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the application holding that there was a sale of the assets of the assessee appellant. Leave was granted to consider the ques......ittagong ..............Respondent Judgment November 11, 1982. Result: The Appeal is dismissed. The Income-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the ye..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....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 ...... 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In this case the amendment will be within time, inasmuch as the pre-emption petition was within time………......in Civil Revision Nos. 302 and 303 of 1983. 2. Leave has been granted to decide the questions as to whether the learned Judges of the High Court Division, Comilla Bench, were right in holding that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-e......e State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In thi..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....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...... Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respon...... November 26, 1989. Result: The appeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to mean as such req......fzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, 1989. Re..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....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......the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Even so the facts of the present case as revealed are such that it is found plainly difficult to sustain the ultimate order refusing t......ion of Bangladesh, 1972, Article 102 The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she coul...... Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. ..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
.... 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...... Respondent Nos. 2-6 & 8-14. Dead. Substitution exempted vide order dated 28.1.86. —Respondent Nos. 7 & 15. Civil Appeal No. 124 of 1984. (From the judgment and order dated 8.4.84 passed by the High Court Division, Dhaka in Civil Revision No. 438 of 1983). Judgment Badrul Ha......eave to deposit the balance consideration money with statutory compensation which the appellants opposed and such conduct of the appellants signifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer an...............................Respondents Judgment March 12, 1989. Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance consideration money with statutory compensatio..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....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.......ducational environment will be allowed to be destroyed or disturbed. In this view of the matter judicial intervention is not required when the administration takes preventive, remedial and curative measures. Prayer for injunction was rightly rejected……………….(16) Cases Referred to- A......ye on the activities not only of the Managing Committee of the school but also of the nature of the proposed construction of the super market and it is also in active consideration of the government that under no circumstances the educational environment will be allowed to be destroyed or disturbed.......……………….......................Petitioners Vs Messers Business Resources Ltd. & others...................Respondents Judgment March 29, 1989. Result: The petition for special leave is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule..Category: Civil Law | Date: | Hits: 130
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....defendant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was appointed for local inspe......an be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perception and not hearing of witnesses……………………………….(5) Cases Referred to- A.H. Chowdhury Vs. M. Hossain & ors BCR 1984 (AD) 532; Abu Ahmed A. Hafiz...... also reported in: 42 DLR (AD) (1990) 72. ......ndant Respondent Judgment April 16, 1989. The Code of Civil Procedure, 1908 (v of 1908), Order XXXIX, rule 7 Local Inspection The matter of possession can be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perception and no..Category: Procedural Law | Date: | Hits: 94
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... said suit for specific performance of contract in the Second Court of Assistant Judge, Serajganj alleging, inter alia, that defendant No.1 (respondent No. 2 herein) contracted to sell the suit land to him for a consideration of Tk. 999/- and on receipt of the entire consideration executed kab......issed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. The suit ...... Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. The suit having been filed long after 3 years of refusal of the defendan........................Respondents Judgment. June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i...Category: Procedural Law | Date: | Hits: 132
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