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Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......le of Bangladesh and also to the following: (a) any vehicle, vessel, aircraft or satellite; (b) any platform, rig or other structure that is flexed in the sea or attached to the submarine land: Provided that if Bangladesh is a party to an international treaty, or an arrangement of s..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......the re-conveyance, the transaction cannot be said to be colourable transaction to defeat the right of preemption…….(15) Under section 95A of the S. A. & T. Act, transfer of land by out and out sale together with agreement of re-conveyance constitute complete u..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... expiration of the said period of two months or where the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any costs if settlement as regards the subject-matter of the suit is reached or the Government or the public of......anganj dated 20-2-1997 in Title Suit No. 4 of 1996 decreeing the suit. 2. The plaintiff respondent No. 1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messrs Kaknorak Company which used to ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......it Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compensation from the autho..Category: Property Law | Date: | Hits: 72
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
.... Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Article 102 A registered deed of settlement cannot be cancelled uniterally without hearing the affected party. The writ petitione...... Habigonj in 1974 for mechanized cultivation. The said Samity was registered under the Co-operative Societies Act, on 21-3-1974 vide Regd. No. 2109; that all the aforesaid 39 members of the Samity as landless peasants filed applications to the Sub-Divisional Officer, Habigonj in their individual cap..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......ect of the property described in the 'Kha' schedule of the plaint till filing of the written objection. The order of status quo relates to making construction changing the nature and character of the land in suit and transfer thereof. 2. As against the said order of status quo the defendant-pet..Category: Civil Law | Date: | Hits: 92
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....ecessor acquired title to the suit property by adverse possession. Title by adverse possession has to be specifically pleaded and proved. The appellant's case was one of acquisition of title by settlement. The trial Court found that the case of settlement has not been proved, but it conferre......08 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......ce about his illness and after recovery he attended office on 15-7-87 and submitted petition for leave supported by medical certificate and then on 26-7-87, receiving the information that following land dispute his wife was attacked and injured by miscreants, he on verbal permission from his offi..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... death to imprisonment for life. 2. Facts revealed in the leave petition, in short, are that on 21-9-1990 Abdul Aziz, brother of Abdul Kader Mridha, PW 1 and his son Hanif went to cultivate their land while co-accused Mokbul Mridha and others forcibly entered into the land of Plot No. 216 with t..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......oreganj is null and void, illegal and not binding upon the plaintiffs and also for permanent injunction against the petitioner and defendant-respondent Nos. 14-17 stating, inter alia, that the suit land appertaining to Mouza Majlishpur under Police Station Bajitpur, Kishoreganj under Khatian No. ..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......ring Nos. 3575, 3576 and 3577, all dated 7 February, 1981, were registered on 10 February, 1981, in the Mymensingh Sub‑Registrar's Office. By these three Sale-deeds, an area of 16.57 acres of land belonging to and in possession of the complainant and his three co-sharers, all residing ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......ew extensive reference have been made to the historical development of local government institutions in our country as well as in some other highly developed democracies of the world, particularly England, USA and France. 10. Local government institutions, particularly in urban areas in our c..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......lf: "Mr. Rahimullah Chowdhury and another filed a suit on June 10, 1952 in the Subordinate Judge, 3rd Court, Dhaka for declaration of the title and khas possession of their lands measuring 1.72 acres in the Kakrail area of Dhaka city against two persons, namely, Awlad ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......b (Kata Pahar) Sarak. The estimated cost was Tk. 75 lakhs. All the items of work mentioned therein contained unit rate except item No. 1 which was as follows: "Earth work in cutting in all lands of soil/stone if any from hill tracts for establishing the road and arranging drainage facili..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ...... and will be disposed of by this common judgment. 2. Pursuant to his application dated 21.9.77 respondent No. 4 Md. Abdul Matin was given a provisional allotment of more or less 10 kathas of land at Gulshan Model Town, Dhaka by the then Dhaka Improvement Trust, DIT, now Rajdhani Unnayan Ka..Category: Property Law | Date: | Hits: 110
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... 2. Pre‑emptor's case is that he is a co‑sharer in the jama by purchase from one Mohendra Nath Mondal by kabala dated 28.11.62. Respondent No. 2 Swapan Kumar Dafadar purchased some land from said Mohendra by kabala dated 13.4.62. This respondent No. 2 purchased the land in his o..Category: Property Law | Date: | Hits: 106
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ted under section 35 of the Industrial Relations Ordinance. Similarly, a worker/workman may file an application to the Labour Court seeking enforcement of any right secured to him by law, award or settlement. The Labour Court is the only forum for a worker/workman to seek remedy against grievanc......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ...... predecessor of the appellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No. 629 of 1985 of the Court of Subordinate Judge, Sunamganj, for a declaration that the suit land was not an enemy property and for permanent injunction against the defendants. During the pende..Category: Property Law | Date: | Hits: 67
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