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Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....before 1965 and had settled there, that the property; left by Harihar assumed character of enemy property, later on vested property and the same vested in the Government, that Jatindra Chandra Sarker claimed title in the land in suit but he failed to substantiate his claim, that his objection agains......volved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by ...... 2. Facts, in short, are that the original owner Harihar Das entered into an agreement for sale on May 19, 1962 with Abdul Barek Bepari and upon receiving Taka 6,000 out of the total consideration money of Taka 6,500 executed an agreement for sale and made over possession, that Harihar Das having..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....he is entitled to continue his possession of the land in suit and the plaintiff-respondent is not entitled to get the possession back of the land nor can he assert any title in the land other than claiming the balance of the consideration money which is Taka 4, 00,000 after deducting the amount ......36 of 1996 was filed seeking the relief primarily: Bangla………….. 4. It may be mentioned that respondent Nos. 1 and 2 herein filed Other Suit No. 26 of 1990 before the 1st Court of Subordinate Judge, Chittagong and the same was later on renumbered as Other ......d Court be pleased to execute and present for registering of the sale deed/kabala on behalf of the defendant No. 1 and in favour of the plaintiffs on taking deposit of the balance consideration money, c) that the defendant No. 1 be restrained by an order of temporary injunction from creating..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....hat Bipin Chandra in collusion with others filed criminal cases against the plaintiff but he was acquitted, that defendant No.2 filed Title Suit No. 170 of 1980 claiming easement right over the suit laud but the same was dismissed for default, that Bipin Chan......nbsp; against the plaintiff but he was acquitted, that defendant No.2 filed Title Suit No. 170 of 1980 claiming easement right over the suit laud but the same was dismissed for default, that Bipin Chandra filed Title Suit No. 428 of 1979 impleading the plaintiff but late......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....eing contrary to principle of equity and justice required to be interfered. 5. The rule was contested by the present petitioners who contended that a servant of the Republic cannot claim promotion and up gradation and scale of pay as a matter of right and as such the rule wa......e Petitioners Md. Rafiqul Islam Mia, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....ernment vide Gazette Notification dated 2.4.1956 and vested in the defendant No. 1 under section 7 of East Bengal Private Forest Act, 1949 as per Gazette Notification dated 12.02.1983 and that the claim of the plaintiff respondents in such view of the matter has/had no leg to stand. He th.......S.M. Shafiullah, Advocate with him) instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented—For the Respondent Nos. 2 &3. Civil Petition for Leave to Appeal No. 196 of 2005 (From the judgment and Order dated 20.04.2004 passed by...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ion of the property and that the defendant respondent Nos.1 and 2 were found to dig the suit land without her consent and so the plaintiff petitioner resisted them but they became furious and claimed the property on the basis of a registered deed of heba-bil-ewaz purported to have been...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....etween defendant No.1 on one side and the defendant Nos.2 and 3 on the other side. The land of plot No. 61 is covered by the exchange deed. The said deed of exchange was created only to defeat claim of pre-emption of the plaintiff since he and his brother Abdur Rahman have homestead in plot ......of the land said to have been received from the defendant Nos.2 and 3 is not correct, that the whole transaction between the defendant No.1 and defendant No.2 and 3 is a camouflage transaction for some evil design and for the sole purpose of defeating the plaintiffs right of preemp......e land own by the defendant No.1 and defendant Nos.2 and 3 they exchanged their respective land by the exchange deed dated March 21, 1993, that in the transaction in question no consideration money passed and that only there has been exchange of land, that after exchanged the defendants are..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....y violation of the fundamental rights guaranteed under Article 27 of the Constitution and the further submission that the writ petitioner having failed to show any statutory foundation of his claim and having failed to fulfil the conditions precedent to file an application for license under...... 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....me being, in the service of the Republic or of any corporation, nationalized enterprise or local authority or who, on the basis of having at any time been in the service of Pakistsan, purports to claim any right to employment in the service of the Republic, but does not include any person who-...... Bimalendu Bikash Roy Choudhury J.- All the above appeals by leave arise out of facts akin to each other and involve common questions of law and therefore they have been heard together. 2. C.A.No.32 of 1999 and C.A. No.33 of 1999-one by Bangl......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....sing out of the same judgment passed in the same writ petition are disposed of by this single order. 4. The facts necessary for disposal of the leave petitions are that the petitioners claiming to be land owners and cultivators in Parabarta and Borokaw Mouza in the district of G...... For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 3941 of 2002.) And Civil Petition for Leave to Appeal No.50 of 2006 (From the judgment and order dated 31.08.2005 passed by ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....her Suit No. 63 of 1985, that in the said suit the land of the aforesaid plots was relayed and thereupon it was found that in fact the said plots comprise 19 decimals of land and as such plaintiff claimed separate saham for 19 decimals of land and thereupon tried to disposes the plaintiff and th......and the said defendant No.2 settled the said 19 decimals of land to his son Ranjit Kumar Biswas and said Ranjit Kumar Biswas sold 19 decimals of land to the plaintiff, that during R.S. record the aforesaid 19 decimals of land was recorded in R.S. plot No.1880 and 1886 comprising .2487 acre and .......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....sistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking declaration to the extent of 4 annas share in the land in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land which is the subject matter of the suit. It ......ight in the land in suit was not affected, that there is no dispute that plaintiff is the daughter of Taleb Hossain and that defendant's contention that Tableb Hossain's father Awlad Hossain died before her mother Zeon Bibi has not been established and as such plaintiff has right, title and inte......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
.... of the complainant. On perusal of the said receipt the Martial Law Authority settled the matter making appellant No.1 to pay a further sum of Tk. 20,000/- in full satisfaction of the complainant's claim. Appellant No.1 paid Tk. 20,000/- against the receipt granted by the complainant on 30.6.82. ......561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurr......d to deal in jute at Bhatiapara and Moisharghope within Faridpur District, that the accused-appellants purchased jute from Moisharghope Bandar from 27th Aswin to 29th Chaitra, 1386 BS on payment of money occasionally, that on accounting at the end of the year Tk. 83,700/- was found due and the acc..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....hedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understanding and consent of the p...... obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The claim of death of Naser before the decree was passed, claiming the decree to be a nullity is barred as because such claim was ......Dhaka (Property in suit). Defendant No. 1 filed Miscellaneous Case No. 88 of 1976 in the Court of District Judge, Dhaka under Article 27 of President's Order No. 7 of 1973 for the realisation of loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and t..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....egistered letter to defendant No. 2 which he did on 17.11.73 requesting him to complete the transaction. Defendant No. 2 by a registered letter dated 22.11.73 regretted his inability to do the same claiming the receipt of money did not involve his mother and that the suit land would be required fo......the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Division reversing the same dismissed the suit against defendant No.1 and decreed it for Tk. 40,000/- against defendant No.2. 5. The appellant's suit for specific performance of cont......o how he put his signature in the document, onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit is an oral agreement, not Ext. ..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
.... condemned prisoners and absconding convict Kazi Tipu Sultan. During trial charge was framed against accused persons under section 396 of the Penal Code. The accused persons pleaded not guilty and claimed to be tried. The defence plea was that the confessional statement of Mafizuddin was neither...... Patwary, Advocate-on- Record- For the Petitioner Abu Siddique, Advocate-on-Record- For Respondent No. 3 Not Represented- For Respondent Nos.1-2, 4-6 Criminal Petition for Leave to Appeal No. 135 of 2004 Judgment: &nb......s pipegun, kiris, dagger, iron rod etc. entered into Brahmanbaria Head Post Office breaking grill of a window and killing night guard Abdul Mannan and treasurer Abul Kalam Azad and looted away cash money of Tk.2, 64, 290/- in total breaking open the iron safes. In the morning the informant and o..Category: Criminal Law | Date: | Hits: 40
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
.... of the tenancy agreement the Mutawalli of the Waqf Estate is stopped from evicting the appellants without payment of damages and without making provision for appellants accommodation in the building claimed to be constructed in the Waqf Estate. It has also been contended on behalf of the appellants......t Division in writ Petition No.171 of 2003 discharging the Rule obtained impugning the order of June 10, 2002 of the Office of the Administrator of Waqfs directing the District Magistrate, Chittagong for taking action as per provision of section 64(1) of the Waqfs Ordinance, 1962 (the Ordinance) for......he respective shops which are semipucca structures, that Mutawalli of the Waqf Estate refused to accept rent on November 19, 2001 and thereupon the tenants of the respective shops sent rent by postal money order and that the Mutawalli having had refused to accept the money so sent through postal mon..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....olved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possession against defendants and others. Due to their inexperience and illiterac......devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess...... 13th Jaishtha 1340 B.S. and Hossain Sarder executed another loan document on 15th Ashar 1339 B.S. for a loan of Tk. 140/-.Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a r..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....f the property of 62, Bama Charan Chakraborty Road (BCC Road) and who sold the same to Ali Ahmed Khandker and Wali Mohammad Siddiqui, the vendors of the contesting defendants and the plaintiff who is claiming himself to be Jatindra Mohon Roy is not the person who executed the sale deeds Nos.16157 an......1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property...... Roy @ Sachindra Mohon Roy, although the land in suit was never transferred by the plaintiff to the said two persons by executing and registering any deed of sale in their favour and no consideration money was received by him from the said two persons. It was also the case of the plaintiff that the ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....42 of the Specific Relief Act a suit for declaration is only maintainable where there is a subsisting legal character or legal status existing between the parties but on the face of the conflicting claims of the parties i.e., the plaintiffs' assertion that their distributorship is still subsisti......orary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience and inconvenience is in favour of the defendant a......ship on 29.1.2003, in such situation the plaintiff have been seeking for a interlocutory order of temporary injunction but prima facie the injury alleged to have been caused could be compensated by money which would be an adequate remedy. 10. In the instant case, the relationship between..Category: Business or Commercial Law | Date: | Hits: 100
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