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Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....30 decimals of land out of the above plot No. 489 from the defendant No. 1 by sale deed dated 23.1.81; S.A Khatian was prepared in the names of Nanna Mia and the plaintiff No. 1; the plaintiffs got right title and possession in 1.69 acre of land; the suit land is possessed by the plaintiffs ......by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-4. Not represented- Respondent Nos. 5-14. Civil Petition for Leave to Appeal No. 954 of 2005. (From the judgment and order dated 28th March, 2005 pas...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ...... sold 60 decimals in favour of defendant Nos.3 and 4 and the defendant Nos. 1-5 are in possession of the remaining 89 decimals of land and as such the suit is liable to be dismissed in limini. The trial court decreed the suit in part. On appeal by the plaintiffs the learned Additional District J..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rty in question. The defendant No.2 accordingly created a deed of cancellation dated 29.10.1997 and the deed of exchange dated 19.10.1997 executed by the defendant No. 1. The defendants have got no right, title and possession in the suit land on the basis of those documents. 3. The defend...... Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed b......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......97. The defendant No. 1 handed over possession of the suit property in favour of the defendant No.2. The plaintiff is the permissive possessor of the suit land under defendant No. 2. 4. The trial court decreed the suit. On appeal in Title Appeal No.285 of 2000, the court of appeal dismiss..Category: Property Law | Date: | Hits: 26
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....ge), Narsingdi. The defendant No.2 collusively executed a registered deed of exchange in favour of defendant No.1 on 08.09.1989 for the suit property. The deed of exchange deprived the right of preemption of the plaintiff. The plaintiff then instituted the instant suit for a declarat......he Petitioner. Mahmudul Islam, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 412 of 2007. (From the judgment and order dated 03.08.2006 passed by......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......dant No.1 has been possessing the same on mutating his name. He also developed the land. The prayer for pre-emption is barred by limitation and not maintainable for defect of parties. 5. The trial Court dismissed the suit. On appeal being Title Appeal No.34 of 1996 the appellate Court allo..Category: Property Law | Date: | Hits: 19
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
.... -22 are heirs of Nishi Bewa and Namiran Nessa was not a blood relation of Namiruddin. The High Court Division accordingly concluded that the trial Court on consideration of the evidence on record rightly found the Wasiyatnama to be valid to the extent of 1/3rd share in favour of Namiran Nessa b...... Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......he brother's son of Namiruddin and the defendant Nos. 4 -22 are heirs of Nishi Bewa and Namiran Nessa was not a blood relation of Namiruddin. The High Court Division accordingly concluded that the trial Court on consideration of the evidence on record rightly found the Wasiyatnama to be valid to..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ng No. 29 of 1978 and obtained ex-parte decree resorting to fraud. 4. The suit was contested by the defendant No.1 denying the material averments made in the plaint and claiming right, title and interest in the land in suit and also claiming that the decree obtained by him was......ocate-on-record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1, 2, 9-12. Not represented- Respondent Nos. 3-8 & 13-17. Civil Petition for Leave to Appeal No. 1685 of 2003. (From the Judgment and Order dated June 29, 2003 passe......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ...... No.1 denying the material averments made in the plaint and claiming right, title and interest in the land in suit and also claiming that the decree obtained by him was quite genuine. 5. The trial Court decreed the suit in part upon declaring the decree obtained in Title Suit No. 19 of 197..Category: Property Law | Date: | Hits: 20
MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)
....ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 655. .......K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. A.J. Mohammad Ali, Senior Advocate, instructed by Md. Abu Siddique Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1503 of 2007. (From the judgment and order dated 22.5.2007 passed by......ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 655. ......onsidered the plaintiffs case judiciously and passed order of his retirement with effect from 24.9.1996 when he attained the age of retirement though the order was passed on 1.1.1998. 4. The trial court on consideration of evidence and materials on record decreed the suit by the judgm..Category: Employment/Service Law | Date: | Hits: 61
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....ther exchanged with opposite party No.14 Abdullah by executing two deeds on the same date. The High Court Division further concluded that Exhibit- 1 is a colourable deed created only to defeat, the right of pre-emption of the co-sharers of the holding and accordingly made the Rule absolute.......ord-For the Petitioner. J. N. Deb, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-54. Civil Petition for Leave to Appeal No. 873 of 2005. (From the judgment and order dated 15.03.2005 passed by......rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ......o. 1 erected dwelling hut on the case land and has been residing there and also made improvement of the case land by earth filling and excavating tank at a cost of Tk. 50,000/-. 4. The trial court allowed the miscellaneous case with improvement cost of Tk. 20,000/-. Being aggrie..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......mmad Nawab Ali, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent Nos. 1-2 Not represented-Respondent Nos. 3-82. Civil Petition for Leave to Appeal No. 164 of 2006. (From the judgment and order dated the 6th day of Decem......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......(3)(a) of the State Acquisition and Tenancy Act. 5. It appears from the record that the pre-emptor filed a pre-emption case under Section 96 of the State Acquisition and Tenancy Act and the trial Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous lan..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ...... 1 Memo. No.13/Sa dated 11.7.1993 issued by the defendant No.1 (herein appellant) is illegal, nul and void, in operative, without jurisdiction and not binding upon the plaintiff. 2. By the aforesaid Memo, the defendant No.1 cancelled the Memo bearing No. 126/6 dated 18.9.1990. The author......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ...... disregard of the law and rules to the post of Stenographer, that the promotion so made was not acted upon,' that the promotion was illegal and as such the same was legally cancelled. 6. The trial Court dismissed the suit on the finding that in promoting the plaintiff to the post of Stenog..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
.... judgment and decree dated July 12, 1999 of the 6th Court of Assistant Judge, Dhaka in Title Suit No.129 of 1999 dismissing the same. 2. The suit was filed seeking declaration of lease hold right in the land in suit and for cancellation of the lease deed made in favour of the defendant No......ondents Judgment August 28, 2006. Lawyers Involved: Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passe......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......as such the RAJUK cancelled the allotment on May 21, 1995 and upon such cancellation allotted the land in suit to the defendant No. 2 on observation of the formalities. 6. The trial Court dismissed the suit on the finding that the lessor cancelled the lease legally and as su..Category: Property Law | Date: | Hits: 30
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....e Appellate Tribunal as they apply in relation to the High Court Division. This petition does not come within the purview of clause (2) of Article 103 which provides for appeal to this Court as of right. Under the new dispensation the petitioners have only the right to seek leave for appeal. Thi......he Respondent No. 3. (In Civil Petition No. 308 of 1991). Not Represented ‑ Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th......om illegality or from misreading of evidence or from excluding or illegally admitting material evidence or when a person has been dealt with arbitrarily or that a court or tribunal has not given a fair deal to a litigant this court will not be deterred by any technical hurdles, even by its own r......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....aintiff Nos.1 and 2 and a daughter plaintiff No.3, that at the time of death of Zinder Sheikh plaintiffs were minor and that immediately after the death of Zinder Sheikh when preparation of record of right was started the plaintiffs being minor they could not get the record prepared in their names a......was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of the land in suit and recovery of possession as to part of the property in suit and for permanent injunction. The suit was filed making averments that land measuring 5.04 acres belonge......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......enuine they allowed the suit to be decreed ex parte. It was also the contention of the plaintiff-opposite parties that by the ex parte decree defendants had not suffered any loss or injury. 7. The trial Court on consideration of the evidence of PWs 1-3 arrived at the finding that the defendant pe..Category: Limitation Law | Date: | Hits: 171
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
...., as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ...... the High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.12 of 1996 for declaration that the registered lease deed No. 4330 dated 15-6-1996 between the plaintiff-appell......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......luding the evidence, found that the plaintiff failed to make out the lease and, as such, correctly dismissed the suit, and that the High Court Division, in its turn, affirmed the said judgment of the trial Court and there being no illegality in the impugned judgment and order of the High Court Divis..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....-64 and which was dismissed and against whereof he preferred Appeal No. 11 of 1964 before the Divisional Commissioner and by order dated 10-9-1964 the requisition proceedings was withdrawn and his right and title became established; thereafter SA Khatian was finally published correctly into his ......30 of 1999 reversing those dated 28-2-1999 by the Senior Assistant Judge, Sadar, Rajshahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating,...... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......creating a forged "document previously filed SCC Suit No. 2 of 1989 against the appellants for eviction as tenant and lost there; the suit is false and is liable to be dismissed. 4. The trial Court dismissed the suit and on appeal the same was decreed. The defendant-appellant unsucces..Category: Property Law | Date: | Hits: 25
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
.... is declared as fraudulent against Abul Kashem Howlader only and the same is not binding upon him. 2. The plaintiff filed the suit for declaration of title and correction of record of right in respect of suit land stating, inter alia, that 12 annas share of Kayem Karsha Gour Kishor......n Amin, Advocate-on-Record-For the Petitioners. ABM Siddique, Advocate-on-Record-For Respondent Nos. 17-26. Not represented— Respondent Nos. 1-16, 27-201. Civil Petition for Leave to Appeal No. 1456 of 2001. Judgment &n......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......nd Appeal No. 548 of 1978 disposing of the appeal with observation and finding, inter alia, that the present suit has been filed by Abul Kashem Howlader only, so the portion of the judgment of the trial court which has been upheld by the appellate Court, needs some modification and accordingly, ..Category: Property Law | Date: | Hits: 102
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......e appellant company to re-instate the respondent No. 2 in his service with 10% back wages and attending benefits. 2. The respondent No.2 as complainant filed complaint Case No. 124 of 1987 before the 1st Labour Court Chittagong, stating, inter alia, that he was a permanent worker of the a......rded and his signature was obtained by force. The inquiry committee was closed without cross-examining the employees of the appellant company and the inquiry was conducted in an unfair manner, yet the respondent No. 2 received the order of dismissal on 9-3-87 dismissing him from......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....on 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right guaranteed under Article 35(4) of the Constitution as the notice did not suggest that she was ...... the two major political parties of the country. She was the Prime Minister of the Government of Bangladesh during the period between 1996-2001 and also the leader of the opposition in the Parliament for the periods of 1986-1987, 1991-1996 and 2001-2006. 3. The writ-petitioner further asserted-th...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......an error of law in construing section 26(2), inasmuch as there are opportunities for the person concerned to explain and defend himself/herself at the time of the enquiry and investigation as well as trial in the court of law in accordance with the laws of the country. He submits that the High Court..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....Motaleb, that from the materials on record it is seen that "it was the practice of the plaintiff and her predecessor Rezia to realize rent in lump and because of that conduct the plaintiff waived the right to realize rent by the 15th of next month ...... But the Court below without considering this ......uit No.3 of 1989. Plaintiff filed the said suit seeking eviction of the monthly tenant on the ground of default in the payment of rent as well as on the ground of bonafide requirement of the premises for her own use and occupation upon construction of a modern residential house. 2. Plaintiffs cas......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ...... and also baseless since the suit premises is a commercial plot within commercial area and the question of construction of a residential building is a malafide plea taken for evicting them. 4. The trial Court on detailed discussions and consideration of the evidence of the parties decreed in the ..Category: Tenancy Law | Date: | Hits: 169
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....o. 5463 dated 18.12.1988 of the Additional Land Acquisition Officer, Dhaka. 8. The learned Attorney General submits that after final publication of gazette notification dated 20.02.1950 the right, title and interest, if any, of the original owner in the acquired land including the suit pl......ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declar......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......ribed in the schedule of the plaint and for further declaration that the Memo No.560 dated 09.06.1984 issued by the defendant No. 6 (Sub Divisional Engineer, P.W.D., Sub-Division No. 1 Tejgaon Industrial Area, Dhaka) is illegal, unlawful, without jurisdiction and not binding upon the plaintiff. ..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....te party No. 1 of the pre-emption case contested by filing written objection stating, inter alia, that he was also a co-sharer by purchase and as such, another co-sharer could not exercise the right of preemption against him and hence the cases were not maintainable. He also opposed the......In all the cases) Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 (In all the cases) Not represented- For Respondent Nos. 2-23 (In all the cases) Civil petition for Leave to Appeal Nos 1665-1667 of 2003. (From the judgment and order dated 09.02.2003 pas......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......the case lands were sold, none of them had any subsisting interest in the case holdings. Rather, they acquired interest by the subsequent purchase when the cases were already pending. 4. The trial court upon consideration of the materials on record dismissed all the pre-emption cases with..Category: Property Law | Date: | Hits: 25
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