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Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury Al-Helal Rice Mills Ltd. ………………......ion and further imposed a cost of Taka 3,000.00 upon the petitioner. Now this petition for leave to appeal from the said order. 2. The petitioner, inter alia, alleged in its writ petition that the respondent filed certificate case No.127 of 1990 for realisation of the principal amount cl......bsp; March 31, 1998. The Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 Article 34 The alleged decision of the Civil Court as to the certificate proceeding may or may not be correct but, the same does not bind the BSRS not to have recourse to article 34 on t..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands involved in all the writ petitions belonged to one Shah Sufi Emaduddin Ahmed Chisty. The Depu...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land &hellip......nbsp; June 10, 1997. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(1A) (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into the shoes of......ency Requisition of Property Act, 1948 (XIII of 1948), Section 5(1A) (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the official acts have been regularly performed. The writ petitioners stepped into the shoes of their predecessors-in-interests, who had been..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....e Syed Mozaffar Hossain who originally hailed from Jessore and was a practicing Advocate of the Supreme Court of Bangladesh till his death on the 5th June, 1989. He took a lease of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdha...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J &......etc. upto 1992. The respondents decided to sell the property and applied to the RAJUK on 11-10-92 for permission to transfer the property. By a Memo dated 15-11-92, RAJUK informed the respondents that the property had been included in the “Kha” list of abandoned properties published ......p; Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... described himself as the writ petitioner. It is alleged in the writ petition that late Afaq Ahmed Khan, a migrant from India and a Government servant of the then East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. He constructed a house therei......sp; Bimalendu Bikash Roy Choudhury J &n...... be entertained to short circuit the statutory procedure. But there may be exceptional situations where, in spite of statutory provision of an alternative remedy, the High Court Division may find that the alternative remedy is not equally efficacious. Where writ petitioner had already availed of......The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be entertai..Category: Property Law | Date: | Hits: 48
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....espondents Judgment October 29, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order VII, rule 1(c) The plaintiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and his labourers to plough the land and there being positive threat ......p; Bimalendu Bikash Roy Choudhury J &n......………..Defendant-Respondents Judgment October 29, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order VII, rule 1(c) The plaintiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and his labourers to plough the l......st the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no cont..Category: Property Law | Date: | Hits: 52
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... had the highest regard for the Courts and held them in high esteem, sincerely believing that the courts are functioning as judicial organs of the State under the constitution and the laws of the land. 4. The appellant was suffering under a wrong notion about his responsibilities an......eported in: 51 DLR (AD)(1999) 15. ......the order of his conviction in Misc. (violation) Case No. 31 of 1994 and sentenced to 3 months civil imprisonment and fine of Taka 5,000.00 passed by the Assistant Judge of Ulipur. It is on record that an appeal, Misc. Appeal No. 76 of 1994, against the said order of conviction and sentence was ......nourable court and considering his inexperience as a young Deputy Commissioner sentence of imprisonment and fine imposed on the contemner by the High Court Division was set aside by censuring him for his objectionable remarks against the judicial officers of Kurigram and warned to be careful in ..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....ision No. 258 of 1997 absolute and quashing thereby the proceedings drawn up under section 145 Cr.P.C. by the Chief Metropolitan Magistrate, Dhaka on different dates in respect of the same plot of land at Mouza Kafrul within Dhaka city. 2. Relevant facts are: Upon a prosecution report dat...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J Abul Bashar and another………………&......ection 145 between the same parties so the magistrate acted without jurisdiction initiating proceeding under section 145 of the Code of Criminal Procedure. Case Referred To: Jobeda Khatun vs Momtaz Begum, 45 DLR (AD) 31. Lawyers Involved: Dr. Rafiqur Rahman, Senio......oudhury J Abul Bashar and another…………………………………. Petitioner Vs. Hasanuddin Ahmed and ors …………………………….Respond..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......; Bimalendu Bikash Roy Choudhury J Mostafizur Rahman...........Appellant ......entive detention is to see whether the person is being detained without lawful authority or in an unlawful manner. The authority can never justify an order of preventive detention by merely saying that the action was taken in the interest of public safety and public order. It has to satisfy the ...... 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and the gov..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....led aforesaid writ petition stating that she is a British national by birth and was married to Dr. WA Ansari, a renowned Surgeon of erstwhile East Pakistan. Dr. Ansari was given lease of a plot of land at Dhanmondi residential area which is plot No. 500- H, Road No. 8(Old) of Plan No. 613/58 me......nbsp; July 11, 2000. Gift In case of transfer by way of gift apart from registration of the document, it must be proved that ther......nbsp; July 11, 2000. Gift In case of transfer by way of gift apart from registration of the document, it must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the pr...... (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant Vs. ..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....ion and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land liable to be releas......This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......pensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land liable to be released under that section as the same was not applicable in case of land requisitioned under section 93A of the A...... The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....ra Das and Tarak Nath Das who transferred the same by a registered deed in 1962, to Md Siddique Jamal, Ibrahim Siddique Jamal and Daud Siddique Jamal in exchange of their properties at 4A and 4B, Okland Square in Calcutta. They also acquired by purchase the shares of other co-sharers and thus bec......Case is also Reported in: 52 DLR (AD) (2000) 174. ......d and functioning when the writ petition was made. When the Court of Settlement was the proper forum to deal with the question of abandonment under section 7 of the Ordinance it could not be said that forum did not offer an equally efficacious remedy. When inclusion of a property in the list of ......Judgment April 4, 2000. The Abandoned Properties (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 7 Although when the writ petitioner had made his application before the Court of Settlement the said Court was not duly constituted, it was so constituted and fun..Category: Property Law | Date: | Hits: 73
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....e Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecessor-in-interest of the defendants for a consideratio...... also Reported in: 52 DLR (AD) (2000) 132. ....... But it did not take away right of redemption available to a mortgagor by filing a mortgage suit under Order 34 of the Code of Civil Procedure. Hence High Court Division was totally wrong to hold that the suit was not maintainable as the transaction was past and closed………&he......enancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available ..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....acts are brief. The petitioner along with another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of certain land. Defendant Nos. 1 & 2 denied the plaint allegations in a joint written statement. After th......52 DLR (AD) (2000) 124. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. ......dents Judgment June 16, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order 11 rule 8 The provision of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the court is yet possessed of powers to extend time in a proper case…&h..Category: Procedural Law | Date: | Hits: 97
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....f the lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The dispute in this case relates to a pond comprising 0.32 acre of land recorded in CS Plot No. 2495. It originally belonged to Govinda Chandra Datta and others who h......52 DLR (AD) (2000) 120. ......tiff for leave to appeal from the judgment and order dated 6 May 1999 of the High Court Division in Civil Revision No. 3216 of 1997 whereby, in reversal of the lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The dispute ...... August 23, 1999. The Limitation Act, 1908 (IX of 1908), Section 28 Permissive possession for indefinite longer period can not vest title on the possessor or his successor. Such possession d..Category: Property Law | Date: | Hits: 59
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....ter and between the same parties we took up the matter analogously for disposal. It appears that the lease of petitioners of Writ Petition No. 4598 of 1997 was cancelled in respect of 420 acres of land out of 456.20 acres for enabling the Government to realise arrear rent of Taka 40,00,000.00 fr...... is also Reported in: 52 DLR (AD) (2000) 119. ......oners of Writ Petition No. 4598 of 1997 on 4-1-1996. As both the petitions arose out of same subject matter and between the same parties we took up the matter analogously for disposal. It appears that the lease of petitioners of Writ Petition No. 4598 of 1997 was cancelled in respect of 420 acr......; June 29, 1999. The Transfer of Property Act, 1882 (of 1882), Section 111 There can not be any cancellation of lease without giving an opportunity to the aggrieved party being heard when the lease has been under registered instrument wi..Category: Property Law | Date: | Hits: 71
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....e award Rule of the Court passed in Other Class Suit No. 283 of 1978 were fraudulent and void respectively stating, inter alia, that as defendant Nos. 8 and 9 tried to construct a pathway over the land of the plaintiffs a dispute arose and on being asked by defendant Nos. 3 and 4 to sign a blank......s Case is also Reported in: 52 DLR (AD) (2000) 79. ...... August 12, 1999. The Arbitration Act, 1940 (X of 1940), Sections 32 & 33 Without having recourse to section 33 no declaration that an arbitration agreement or an award or the effect of either for an existence or validity there......; August 12, 1999. The Arbitration Act, 1940 (X of 1940), Sections 32 & 33 Without having recourse to section 33 no declaration that an arbitration agreement or an award or the effect of either for an existence or validity thereof can not be obtained in a ..Category: Civil Law | Date: | Hits: 104
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......vision (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&......High Court Division did not write out a proper judgment the Appellate Division could go through the judgments of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………………(10) ......not write out a proper judgment the Appellate Division could go through the judgments of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………………(10) Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
.... Court Division in Civil Revision No.2385 of 1996). Judgment Mustafa Kamal CJ.- The plaintiff-respondent’s suit for declaration of title to the suit land on the basis of adverse possession was decreed by the trial Court, the defendant-petitioner&r...... in: 52 DLR (AD) (2000) 53. ......ners have preferred this petition for leave to appeal. 2. Mr. Mahbubey Alam, learned Advocate for the defendant-petitioners, reiterates the submissions made before the High Court Division that the suit was decreed unlawfully as the plaint did not contain necessary description of the iden......ns left out who ought to have been made party but not by others on the ground of non-joinder………………(5) Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioners. ..Category: Civil Law | Date: | Hits: 127
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....f on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the suit land having been wrongly recorded in the name of defendant’s predecessor Wazid Ali Zamaddar plaint......ase is also Reported in: 52 DLR (AD) (2000) 49....... A Kader Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need throu......, Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds p..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....ent Bimalendu Bikash Roy Chowdhury J.- The suit out of which this petition for leave to appeal arises, was brought by respondent Nos. 1-7 for re-conveyance of the land described in schedules 'Ka' and 'Kha' to the plaint, for confirmation of possession in 'Ka' sc...... in: 52 DLR (AD) (2000) 48. ...... defendants as solarium. 3. The aggrieved defendants now seek leave to appeal from the judgment of the High Court Division. 4. The gravamen of the petitioners’ grievance is that under Article 6 of the Bangladesh Transfer of Immovable Property (Temporary Provisions) Order, ...... others………….Respondents Judgment June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Order No. 142 of 1972), Article 6 Non-joinder ..Category: Property Law | Date: | Hits: 47
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