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.... Affidavit-in-opposition contended amongst others, that the lands in question is not a khas land of the Government but a project land acquired for Housing and Building Research Institute and that the possession of the acquired land was delivered to the authority in due course and that the use of the......r the Respondents.
Writ Petition No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition should not be declare......cted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......the Constitution has been threatened by the impugned action.
The respondent No.1, Housing and Building Research Institute in its Affidavit-in-opposition contended amongst others, that the lands in question is not a khas land of the Government but a project land acquired for Housing and Building R..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....and register the deed sale but the defendant No.1 did not pay any heed to it. And hence the above noted suit for Specific Performance of Contract. It is the specific case o the plaintiff that he took possession of the suit property from the defendant No.1 as a part performance of the contract. 4.......amely, Md. Qayum Mollah is a resident of Bagerhat district and by profession a Contractor. They have previous acquaintance with each other. It is not disputed that the subject matter of the suit is a land as well as the building on it and Mr. Abdur Razzaque Mollah is the real owner. Mr. Abdur Razzaq...... Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BCR 270. Lawyers I......ff. The specific case of defendant No.1 was that the deed of agreement a forged and manufactured. The plaintiff was a contractor under the defendant No.1 and he was entrusted to complete the house in question and in the absence of the defendant No.1 the plaintiff got opportunity to enter into the su..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ...... in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ...... 173. So, the purpose of section 205c is that the after receiving charge-sheet of an offence which is exclusively triable by a Court of Session shall send the record of the case to that Court and the question of acceptance or rejection of the charge-sheet naturally will be decided by the Court which..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....o.5, Kishoregonj in Special Tribunal Case No.16 of 1998 should not be quashed. 2. It appears that the petitioner has been convicted under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petitioner at the very outset has ...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......erfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ...... under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petitioner at the very outset has made very lengthy argument on the question whether a knife and a kiris can be considered as arms under section 4 of the Arms Act, 1878..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....rther pleading is that Ministry of Works by letter dated 30-12-1975 informed plaintiff that in view of public utility Government decided to hold the suit property and requested plaintiff to hand over possession of the same in favour of Executive Engineer, City Building Division, P.W.D within 30 days......t property for residential purpose. Rent of the suit premises was fixed at Taka 90 per month and plaintiff continued payment of rent upto the month of February 1972. Plaintiff failed to trace out the landlord after the month of February. 1972 and applied to Sub-Divisional Officer, Sadar (South) Dhak......orted in: 53 DLR (HCD) (2001) 522. ......AKM Shahidul Huq, Tania Siddiqua and Chamon Akhter, Advocates — For the Opposite Party. Civil Revision No.1118 of 2000. Judgment AK Badrul Huq J.- A judgment of reversal has been called in question by petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying a petition..Category: Property Law | Date: | Hits: 83
....ll the respondents could not finalise the matter due to litigation’s but even after conclusion of the litigation’s, the respondents did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by t......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519....... taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......92, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... AM Abdus Sattar Advocate—For the Respondent. Reference Application Nos. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......4 and in Civil Petition No.230 of 1993 on 15-7-93 respectively. We have gone through both the aforesaid judgments placed before us and we find that in the earlier decision the respondent Bangladesh Inland Water Transport Corporation was directed to make delivery of the barges to the petitioner who e...... with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
.......1 should not be declared to have been passed without any lawful authority and of any legal effect and why they should not be directed to cancel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was ..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......d principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......ants. 5. It appears that charge was framed on 27-11-94 and only two witnesses were examined and several dates passed but prosecution could not produce the remaining witnesses. In such circumstance question is, whether the appellant petitioners are entitled to bail under the provisions of sub-sect..Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......ffect. 2. Referring to the provisions of section 138 of the Customs Act, 1969 and also the documents annexed with the Writ Petition, learned Advocate for the petitioner submitted that the cargo in question being frustrated cargo and the Commissioner of Customs having earlier permitted the petitio..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204........ Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of 1990 in the Court of Senior Assistant Judge, Barisal for declaration of title and for partition of 1.95-acre of land out of 4.18 acres of land in the schedule 'Ka' of the plaint. 3. The plaintiffs’ case, in ......he suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204...Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....erty. There was no order of injunction restraining the house owner or the victim from entering into that property and there is no claim that from their side that in pursuance of an agreement for sale possession was delivered to the alleged buyer. We wonder how in a prestigious suburban Residential A......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199....... his contention that bail cannot be cancelled or withheld as a measure of punishment learned Advocate relied on the decision reported in PLD 1972 (SC) 81. 12. Since we have found that there was no question of cancellation of bail and the petitioners were charged under sections 302/149 being armed..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......iately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......h, Pabna under the authentication and release of accused Shamsul Bari. It was alleged that in violation of the definite office instructions of the bank, the documents for collection of the cheques in question were given directly to the account-holder by hand instead of sending the same by post. The ..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....bbor, an uncle of the appellant. The Government acquired the suit land along with other property for Mirpur Housing Estate. After requisition and acquisition the government did not take over physical possession and as such, the suit land remained in the possession of said Abdur Rashid Matabbor till ......mercial Court No. 1 at Dhaka in Title Suit No. 82 of 1997, which dismissed the suit. 2. On 28-5-95 the plaintiff instituted Title Suit No. 166 of 1995 for eviction of defendant No. 1 from the suit land measuring about 300 square yards with structures thereon comprising of Plot # 8, Road # 3 of Bl...... Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, ......plication, an affidavit was filed on behalf of respondent No. 1 14. Mr. Md. Nazibur Rahman, learned Senior Advocate for the respondent No. 1, submitted that after dismissal of the suit even on the question of title the application did not deserve consideration otherwise the plaintiff would be all..Category: Property Law | Date: | Hits: 83
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....istrict Judge allowed the appeal just on the basis of memorandum of appeal. 5. Lastly, he submits that learned Advocate Commissioner having partitioned the suit land with reference to the specific possession of the parties and in the absence of any thing to the contrary, the learned District Judg...... in the preliminary form allotting a share of 4.16 acres to the plaintiffs. As there was no appeal taken therefrom, an Advocate Commissioner was appointed to affect partition. After dividing the suit land and by allotting 4.16 acres to the plaintiff and 12.5 acres to said defendants, the learned Com...... Muzibur Rahman Miah, Advocate—For the Petitioners. Garib Newaz, Advocate—For Opposite Party Nos. 1 to 8 and 30. Civil Revision No. 2808 of 2002. Judgment Md. Abdur Rashid J.- The plaintiffs obtained the Rule against judgment and decree dated 30-4-02 passed by the District Judge at ......e of the same value and advantage, such division by the Commissioner cannot be said to be inequitable. 24. In the judgment of the appellate Court, we could not find any consideration on any of the questions raised. He just stated the grounds taken in the memorandum of appeal one after another and..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......erty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......the Martial Law Regulation No. 1 of 1982. Clause (6) of Regulation 3 of the said Martial Law Regulation No. 1 of 1982 created positive prohibition for any Court including the Supreme Court to call in question in any manner any judgment and order of conviction and sentence or proceeding of a Martial ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....ent No.1 as plaintiff instituted Other Suit No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte judgment and decree dated 30-7-95 passed In Oth......ants gave a power of attorney to Shamsul Huq to execute and register necessary sale deed transferring said schedule- 1(Kha) property to the plaintiff and accordingly, Shamsul Huq transferred the suit land by a registered deed being No. 196 dated 13-1-91. The plaintiff got his name mutated in respect......ed to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Baig 2000 SCMR 45; Jamila Khatum vs. Md. Lutfar Rahman alias Nefasur and others 3 BLC 306; Jamaluddin vs. Rabeya Begum, 32 DLR 63; Nesmohammad and others vs. Mosammat Jamila Khatun and others, 6 BLT ......rty in other Suit No. 151 of 1992, the ex-parte decree obtained therein was not binding upon the plaintiff. 46. We have perused the record and heard the learned Senior Counsels at length. The main question facing us is, whether the learned Subordinate Judge was justified in decreeing the suit in ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....gainst their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of possession of said property by eviction of the defendants therefrom. The suit property was described......defendants therefrom. The suit property was described to be a two-storied building with 5 rooms in the ground floor and 4 rooms in the first floor erected upon about 12 decimals out of 36 decimals of land of plot No. 5158 appertaining to SA Khatian No. 184 of Mouza Radhavallav in the District of Ran......ate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......nce whatsoever on such transfer of fund to said Hamiduddin Ahmed. There is practically no evidence at all of sending any fund to Hamiduddin by Mukhlesur Rahman. 58. It is settled long ago that the question of 'Benami' is essentially a question of fact. In determining such question of fact, there ..Category: Property Law | Date: | Hits: 139
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ght down by Akabar. He also said that Jafar Kha (PW 3) said nothing to him about the death of his daughter. He heard that the appellant mortgaged a piece of land to Jafar Kha PW 3 who did not restore possession of that land to the appellant. Over that matter a salishi was held. The appellant and his...... persons and whether her dead body was brought down by Akabar. He also said that Jafar Kha (PW 3) said nothing to him about the death of his daughter. He heard that the appellant mortgaged a piece of land to Jafar Kha PW 3 who did not restore possession of that land to the appellant. Over that matte......rds at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......R 1976 (SC) 127, 48 DLR (AD) 20, Babashaheb/Rahimshaheb vs. Rajaram Ragunath Alpe, AIR 1931 Bombay 264, Dip Narain Singh vs. Nayeshar Prasad and others, AIR 1930 (Allahabad) 1 (Full Bench), Central Inland Water Transport Corporation Ltd. Vs. Brojonath, AIR 1986 (SC) 1571, Mukul Dutta Gupta and other......the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... which runs as follows: "(6) The legality or propriety of an order issued, or any amendment with regard to a condition or content of the said document made, under this section cannot be called in question in any court." Where Civil Court cannot sit upon an order of BTRC under section 90 of t..Category: Information Technology Law | Date: | Hits: 321
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