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Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....ly suppressed in the suit and that the appellants came to know about the said decree and the execution case, Title Execution case No. 33 of 1987, for the first time on 15.5.92 when Police went to the land for giving delivery of possession, they, inter alia, filed Title Appeal No. 218 of 1992 against.......Plaintiff-Respondent Judgment May 27, 1993 Result: The appeal is allowed. The Limitation Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that ......t: The appeal is allowed. The Limitation Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay ......ion Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division s..Category: Procedural Law | Date: | Hits: 121
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ublic Car Parking Centre which was communicated to the respondent No. 1 by letter dated August 30th 1986 and in compliance to the said resolution the respondent No. 4 formally transferred the said land and handed over the possession thereof to the respondent No. 1 on 7th September, 1986; however......ween them. It is a glaring instance where respondent No. 1, which is a very important statutory body in the environmental field and is entrusted with the duty of preserving the environment, emerged as an instrument of exploitation on the behalf of private interests in the garb of "greater p...... multi-storied shopping complex by the respondent Nos. 1 and 5 in the place reserved for “Public Car Parking” in the Master Plan of Greater Dhaka City cannot be allowed in spite of all that they have done so far…………..(23, 25-28). Cases Referred to- ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgme..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....pondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his title upon denying the title of the real owner to her knowledge as well .............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in......Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his title upon denying the title...... land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....y filing written objection and denied the case of the preemptor respondents and raised several issues including that of limitation. It is further claimed by the preemptee petitioners that the case land was purchased with the full knowledge of the preemptor respondents. The latter also refused to....... The leave petition is dismissed. Ed. ...... is excluded from the period of limitation under section 14 of the Limitation Act. Negligent conduct is a question of fact and as no such fact has been proved the High Court Division rightly found that the preemptor Respondents are entitled to get the benefit of section 14 of the Limitation Act&h......sition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limita..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....shiganj in Title, Appeal No. 36 of 1991 reversing those of the learned Assistant, Judge, Munshiganj dated 17-6-91 who dismissed Title Suit No. 36 of 1991 for declaration of title of 12 decimals of land out of 28 decimals of the suit plot. 2. Facts, leading to the filing of this petition ......on Accordingly, it is dismissed. Ed. ......ed 17-6-91 who dismissed Title Suit No. 36 of 1991 for declaration of title of 12 decimals of land out of 28 decimals of the suit plot. 2. Facts, leading to the filing of this petition are that the Suit plot measuring 28 decimals, belonged to Nagar Ali. He died leaving two sons Abdul Gafu...... The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six ..Category: Property Law | Date: | Hits: 43
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....lip;…… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pr......ght of pre-emption is no longer available. But if reconveyance be a collusive one and right, title, interest and possession do not go back to the original owner and remains with the buyer, in that case reconveyance, even if before the filing of the pre-emption case, the right of pre-emption woul......he right of pre-emption is no longer available. But if reconveyance be a collusive one and right, title, interest and possession do not go back to the original owner and remains with the buyer, in that case reconveyance, even if before the filing of the pre-emption case, the right of pre-emption......ppellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
.... Case (preemption) No. 3 of 1992 allowing the same. 2. The Miscellaneous case was filed under section 96 of the State Acquisition and Tenancy Act, 1950 seeking preemption of 57 decimals of land as co-sharer of the holding by purchase and contiguous land owner of the land sought to be pr......hul Amin J Md. Tafazzul Islam J Afia Begum and others…………………………….Appellants Vs. Abdul Baset Mia & others... .........................Respondents Judgment March 14, 2...... March 14, 2006. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 96 If by reconveyance, right, title and interest did not vest with the original owner, in that case the transaction of reconveyance would be treated as a sham and colourable transaction. In...... Judgment March 14, 2006. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 96 If by reconveyance, right, title and interest did not vest with the original owner, in that case the transaction of reconveyance would be treated as a sham and coloura..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....ing the same. The suit was filed seeking declaration that the judgment and decree dated 18-2-1980 passed in Title Suit No. 43 of 1978 is null and void and the same is inoperative in respect of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inte.........Respondents Judgment March 23, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial...... judgment and decree dated November 18, 1987 of the Court of Assistant Judge, Upazilla Companiganj, Noakhali in Title Suit No. 54 of 1985 decreeing the same. The suit was filed seeking declaration that the judgment and decree dated 18-2-1980 passed in Title Suit No. 43 of 1978 is null and void an......8), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing of..Category: Property Law | Date: | Hits: 51
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....ngly, the same was sold in auction to the plaintiff respondent, Messrs Bengal Bricks Limited on 12th May, 1978. The plaintiff-respondent entered into possession of the entire property except the suit land, In the meantime Burmah Eastern was renamed as Padma Oil Company Limited, which for failure to ......on calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......eard analogously) discharging the Rules. 2. Since both the leave petitions arise out of the same judgment they are taken together for disposal. 3. The facts leading to the leave petition are that the suit property originally belonged to Messrs Golden Bengal Tobacco Limited who gave lease of ......td. & anr................Respondents Judgment March 1, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Co..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....e. 2. Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Munsif (now Assistant Judge), Gaibandha praying for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. On transfer to the Court of the Sen......; Ed. ......lul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Mahmudul Islam, Senior Advocate, (Probir Neogi, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos....... Judgment November 22, 2005. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96(2) Objection as to defect of parties is to be taken at the earliest opportunity. The pre-emptees did not supply the names of the persons whose names he put to the pre-emp..Category: Property Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir 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......bear their respective costs. Ed. ...... 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&hell...... 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: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....if (now Assistant Judge) Sunamganj, Sylhet in Title Suit No. 176 of 1968 dismissing the same. 2. The suit was filed seeking a decree for specific performance of contract for sale of land. 3. The suit was filed with the averments, inter alia, that the defendant sold the la......l. The High Court Division while disposing of the second Appeal is confined strictly to questions of law and he is bound to accept the lower Appellate Court’s finding of fact if the same is based on proper evidence……….(11) There is nothing in the judgment of the......he lower Appellate Court’s finding of fact if the same is based on proper evidence……….(11) There is nothing in the judgment of the High Court Division to indicate that the findings arrived at by the lower Appellate Court are tainted with misconception, misreadin...... Judgment March 1, 2006. The Code of Civil Procedure 1908 (V of 1908), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it exceeds its power. Finding of the Appellate Court subordinate to the High Cou..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....executed on May 28, 1988 and presented for registration on May 28, 1988 and registered as per provision of section 60 of the Registration Act on 15-10-1988 claiming to be a co-sharer of the holding land of which was transferred by the aforesaid deed and contending that the transferee Fatema Khar...... November 21, 2005. The State Acquisition and Tenancy Act (XXVIII of 1951), sections 89(4) & 96(1) Right of preemption accrues after registration of the instrument of transfer as per section 60 of the Registration Act, 1908……….(27) The language o......C (2007) 721. ......(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entitled to seek preemption…&hell..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....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......pugned judgment and orders of the High Court Division are hereby set aside. Ed. ......Ahsanullah Patwary, Advocate-on-Record—For the Appellant (Civil Appeal No. 385 0f 2003). AJ Mohammad Ali, Attorney-General (Adilur Rahman, Deputy Attorney-General with him), instructed by Sufia Khatun, Advocate-on-Record—For the Appellant (Civil Appeal Nos. 386-87 of 2003). Rafique-ul-Huq,......Judgment of HCD here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J AK Chowdhury J Bangladesh Telecommunication Regulatory Commission........................Appellant vs Ekushey Television Ltd.......................Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....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......bove, the appeal is dismissed without any order as to costs. Ed. ......nd Tenancy Act, 1950 (XXVIII of 1951). President’s Order No. 88 of 1972, Section 95(4)(5) & 95A Re-conveyance was made during pendency of the case for preemption claiming that the transaction was not an out and out sale but a sale with condition of re-conveyance on the ...... ..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....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 ......rial Court, in default, this appeal shall stand dismissed. Ed. ......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 deal in jute in the matter....... Md. Sirajuddin Ahmed and others......................Respondents Judgment June 20, 2005. The Code of Civil Procedure, 1908 (V of 1908), Section 80. Mandatory period of three months required by section 80 CPC having not been allowed to the Appellant/add..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....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.....................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for ...... against the judgment and order dated 9-2-2002 passed by the High Court Division in Writ 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 f......pellate Division (Civil) Present : Md Ruhul Amin J Md Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors....... ... ......Petitioners vs Md. Abu Dakar an..Category: Property Law | Date: | Hits: 72
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
.... 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...... these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......of the terms and conditions of the lease-deed. No prior notice having given upon the writ petitioners before cancellation of the registered deed of settlement, the finding of the High Court Division that such cancellation is illegal, needs no interference. Lawyers Involved: Fida M Kamal, Ad......d in: ..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....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......e suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character of the property which is the subject-matter of the suit and as to possession of such properties. …………………..(5) The order of status quo was r...... Judgment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the suit to restrain t......ment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the suit to restrain themselv..Category: Civil Law | Date: | Hits: 92
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....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 ......ision in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......ears. Thus the High Court Division was totally wrong in making the rule absolute and decreeing the suit on consideration of the alleged long adverse possession of the plaintiff. Being aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated...... Appellate Division (Civil) Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and others...............Category: Property Law | Date: | Hits: 51
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