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Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....cumstances of the case. Specific performance was refused on the ground of hardship of the respondent. if solatium or compensation' is paid only in consideration of the present market value of the land, then the purpose of refusing specific performance on the ground of hardship will be defeated. ......ed. The Specific Relief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific performance was refused on the ground of hardship of the respondent. if solatium o......ief Act and ordered refund of the earnest money and a solatium of Tk. 5,400.00, in all Tk. 10,000.00, to the plaintiff. 3. Khondkar Mahbubuddin Ahmed, learned counsel for the appellant, contends that the amount of solatium is very inadequate, particularly when the earnest money was paid in 1969 ......lief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific performance was refused on the ground of hardship of the respondent. if solatium or compensation' is pai..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....re 346. These were both cases which dealt with customs recorded in the Riwaj-e-Azm. In both it was held that unless there is a clear statement to the contrary the Riwaj-e-Azm refers only to ancestral land. There is, in principle, no difference between a Riwaj-e-Azm and a Majibul Arz, except this, th......ril 9, 1971. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to......973) 104. ......Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the exclusion of his female heirs..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ...... in: 25 DLR (SC) (1973) 94. ......ary action should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He was also given a personal hearing. The Screening Committee, however, arrived at the conclusion that the plaintiff was inefficient, and on the 24th April, 1959 it recommended his retirement from se......nt Vs. Naziruddin Ahmed............................................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of J..Category: Administrative Law | Date: | Hits: 106
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....um of Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a contractor and a land owner, approached the plaintiff bank and wanted financial help by way of overdraft arrangement ......rs................ ...Respondent Judgment November 25, 1970. The Bengal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the prop......tamed and ors................ ...Respondent Judgment November 25, 1970. The Bengal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchas...... M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead represented by his heir Sultamed and ors................ ...Respondent Judgment November 25, 1970. The Benga..Category: Banking Law | Date: | Hits: 230
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....and, as such, the plaintiff is entitled to a declaration of title on the basis of adverse possession. 2. The plaintiff filed the suit for declaration of title to the suit land by purchase or adverse possession and further that the order dated 6-2-1989 of the Additional ......p; Syed JR Mudassir Husain J &n...... Judgment Md. Fazlul Karim J.- This appeal by leave was to consider the submission that the High Court Division misdirected itself in holding that both the Courts below found that the......sp; Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title ..Category: Property Law | Date: | Hits: 53
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... 2. The facts of the case, in short, are that one Yakub Ali, maternal grandfather of respondent No.1. Halima Khatun, made a Waqf-e-Lillah, respect of three kanis, ten gondas and two karants of land by a registered Waqfnama on 30 Ashar 1324 BS for the maintenance of a mosque which he establis......962), Section 51 (i) Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may become hereditary by custom in which case the custom should be followed…….(7) (ii) The cou......; Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents Judgment November 1......sp; Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents Judgment November 15, 2000. ..Category: Trust/Waqf Law | Date: | Hits: 209
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Giasuddin and another…… Petitioners ......nd by judgment dated 30th January, 1997 accepted the Reference and dismissed the appeals confirming the capital punishment. 2. The short fact leading to this petition is, that on 18-4-1990 PW 9 Molla Mohammad Shahjahan received a telephonic message at about 3-30 PM from ......t mere long delay in the disposal of the case cannot by itself be a ground to commute the sentence….(14) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. ..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....e respective appellant (pre-emptees) in the respective appeals in respect of the transfer that took place on 27th July, 1978. 2. Pre-emptor’s case, in short is that the land sought to be pre-empted and the land they purchased on 25 March, 1974 along with other land be...... March 2, 2002. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to hav......on 24 of the Non-Agricultural Tenancy Act, 1949 by the respondents (pre-emptors) in the appeals against the respective appellant (pre-emptees) in the respective appeals in respect of the transfer that took place on 27th July, 1978. 2. Pre-emptor’s case, in short is th...... Judgment March 2, 2002. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finall..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
....98 discharging the Rule. 2. The short fact leading to this petition is that the opposite party No.1 preemptor filed Miscellaneous Case No. 8 of 1998 for pre-emption of the case land under section 24 of the Non-Agricultural Tenancy Act in the court of the Subordinate Judge, P...... Order VII rule 11 A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands tha......e of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the earliest opportunity……… (6) L......p; A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the ear..Category: Property Law | Date: | Hits: 49
....hereof were refugees, was registered in 1951 for the welfare of its members, the Mohazir, by way of providing residential accommodation and in 1952 the Society applied to the Government for allotting lands for the construction of residential accommodation of the Mohazir Members of the Society and th...... is also Reported in: 54 DLR (AD) (2002) 111.
......within six weeks from date.
5. Pending hearing of the Rule, the parties are directed to maintain status-quo in respect of the suit property.
6. Office order (Annexure-W to the writ petition) that was impugned in the writ petition runs as follows:
গণপ্রজাতন্ত্......in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....an Chandra, Radha Krishna and Sanatan Mistry. Plaintiff is the son of Khosal Chandra whose father was Raj Chandra. 4. Iswar Chandra was the owner of 3.43 ½ acres of land. He died leaving son Balaram died leaving son Narayan Chandra and widow Beloka Sundari. Naraya......vision (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant ...... 2. Plaintiff-petitioner filed the suit as reversioner of Narayan Chandra, son of Balaram Mistry whose father was Iswar Chandra. 3. Facts, in short, are that one Naba Krishna died leaving 5 sons by name, Raj Chandra, Iswar Chandra, Bindaban Chandra, Ra......ul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &n..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
.... 4. As the entire materials were placed before the High Court Division, the High Court Division found that the original lessee Ahmed Hossain was in possession till his death and he sold the case land to Abul Hashem by registered deed of sale dated 8-2- 1973 and later was in possession till his......y 28, 2001. The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any other p......oned buildings is without lawful authority…..(5) Cases Referred to- Fatema Begum vs. Bangladesh 42 DLR 342; Bangladesh vs. Amela Khatun and others 53 DLR (AD) 55. Lawyers Involved: ......s (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned&n..Category: Property Law | Date: | Hits: 46
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....Jessore) of the Court of Subordinate Judge, Jhenidha seeking declaration that he is the successor of the defendant Bainchitala Islamia Junior Madrasah and for a further declaration of title to the land described in the schedule appended to the plaint. The suit was decreed ex parte on 20th Novemb......bsp; Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Abdur Rashid (Md) and others.................. Petitioners Vs. ......reby adding one Khandaker Moulana Meshbahul Alam Azad Khandani as appellant in the miscellaneous appeal pending before the Court of District Judge. 2. Facts, in short, are that petitioner herein filed Title Suit No. 16 of 1981 (previously numbered as Title Suit No. 26 of......hul Amin J Abdur Rashid (Md) and others.................. Petitioners Vs. Bainchitala Junior High School ................Respondent Judgment ..Category: Property Law | Date: | Hits: 63
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....ndment of the plaint and giving opportunity to the parties to adduce further evidence. 3. Plaintiffs filed Title Suit No. 184 of 1988 for partition of the ‘Ka’ schedule and ‘Kha’ schedule lands. Ka’ schedule lands measuring 4.01 acres originally belonged to Imam Bux. He died leaving wi......n in controversy between the parties and that the same shall not change the nature and character of the suit…….(15) The Code of Civil Procedure, 1908 (V of 1908), Order XLI rule 23 Remand as contemplated under Order XLI rule 2S of the Code of Civil Procedure was not a matter of course or.........Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for determining the real question in controversy between the parties...................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is nec..Category: Procedural Law | Date: | Hits: 114
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....the surplus money may be invested and the profit earned may be used for the purpose for which the charity was established. In support of his submission Syed Ishtiaq Ahmed placed reliance in All England Law Reports 1958 612 wherein it has been found as follows: “Looking at the w......itioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved terming the same as Public Interest Litigation…………….(12 & 13) ......orandum and Articles of Association of BRAC Bank Limited and its certificate of incorporation issued on 20-5-1999 by the Registrar of Joint Stock Companies. Further case of the writ petitioner is that pursuant to the issuance of the aforesaid certificate of no objection dated 4-4-1999 BRAC proc...... BRAC and others ……………….………Appellants Vs. Professor Mozaffar Ahmed and others……Respondents Judgment &nb..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....cree dated 26 June 1980 passed by the said court in Other Class Suit No. 287 of 1980 was illegal, collusive and not binding upon them and that the defendants had not acquired any title to the suit land. 3. The defendants resisted the claims of the plaintiff. &nb......ourt Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin ...... this way. The plaintiff (Government of Bangladesh) brought Other Class Suit No. 791 of 1989 in the Court of Senior Munsif (Assistant Judge), Kishoreganj, against the respondents for declarations that the ex parte decree dated 26 June 1980 passed by the said court in Other Class Suit No. 287 of ......r is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. Law..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......t Appellate Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhur...... The Penal Code, 1860 (XLV of 1860) Section 304 Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of ci......rime of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Au, Advocate-on-Record—For the Appellant. ..Category: Criminal Law | Date: | Hits: 55
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
.... The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be left to be decided by the civil court after consideration of evide......ence if it is so desired by the writ petitioners………………………………(5) ii) A co-sharer of a vested property has a preferential claim to lease than the stranger……(6) Lawyers Involved......ndents to lease out the disputed land to the writ petitioners till character of the disputed land is decided by the civil Court. 2. The case of the writ petition, in short is that one Ram Chandra Moni purchased 7.83 acres land by kabala and auction purchase. While in possess......;(5) ii) A co-sharer of a vested property has a preferential claim to lease than the stranger……(6) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed Mvi Md Wahidullah—Advocate-on-Record—For the Petitioners. ..Category: Property Law | Date: | Hits: 43
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favour of the prev......oceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 1......e property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favour of the previous owner&hel...... March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cla..Category: Civil Law | Date: | Hits: 77
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
.... for further declaration that the lease granted in favour of defendant No.1 in lease Case No.XII-E-129/1969-70 is illegal, void and without jurisdiction on the assertions, inter alia, that the suit land described in the schedule-1 to the plaint belonged to Manitara Chanda and the schedule-II land...... A.S.M.Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No.30 of 2002. (From the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No.80 of 1996.) Judgment: &n......ra (minor) & others……….........Respondents. Judgment 11 February 2004 Lawyers Involved: A. J. Mohammad Ali, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner A.S.M.Khalequzz...... (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. Judgment 11 February 20..Category: Property Law | Date: | Hits: 51
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