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....hatian No. 45, Plot Nos. 293/399/415 of Mouza Baroitala PS Patharghata District-Barguna at a consideration of Taka 4,800 from respondent No. 6 by kabala dated 21-5-1984 and respondent No. 6 delivered possession of the land to the petitioner. The respondent No. 6 on 2-5-1991 filed an application unde......isdiction and to be of no effect and/or such other or further orders passed as to this Court may seem fit and proper.
2. The case of the petitioner, inter alia, is that he purchased 0.25 acres of land appertaining to SA Khatian No. 45, Plot Nos. 293/399/415 of Mouza Baroitala PS Patharghata Dist......y declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
...... Board has disposed of the case in his favour and the petitioner thereupon made enquiry and filed application for copy and obtained the copy on 10-3-1996 and 4-4-1996 and came to know of the order in question, Annexure D for the first time on 10-3-1996. From the copy of the impugned order it appears..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66....... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......ies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......for such cancellation of the contract the DSE could not recover the sale proceeds from the respondent Nos. 8 and 9 in full. DSE could only manage to recover part of the sale proceeds of the shares in question and accordingly made a part payment of the total outstanding amount to the petitioner throu..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......ful means to dissuade people from taking part in hartal. Anyone who commits an offence in pursuance of either call for hartal or against the hartal comes under the purview of the existing laws of the land and they should be punished in accordance with law. It is submitted that the grounds taken that......others Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......llowed to be exercised in the greater context of the nation as a whole for its political and social development in democratic culture. 4. From the petition and the affidavit-in-opposition the main questions which arise are whether: 1) The calling of hartal on 18-4-99 was illegal, (2) the call..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....o R.S. Dag No.75 and 861 under Uttar Rupshi Mouza and Gandarpur Mouza, Upazilla-Rupganj, District-Narayangonj directing the petitioners to remove the said structures by 20.02.2010 and to handover the possession of the Government Land. On receipt of the said notices on 14.02.2010 the petitioners file......ক্ত স্থান, উদ্যান এবং প্রাকৃতিক জলাধার সংরক্ষণ আইন, ২০০০ it is prohibited to change the nature of any land that has been earmarked as a natural reservoir. As per section 8 of the said law any person who......s also Reported in: 15 MLR (AD) (2010) 389. ...... and as such liable to be rescinded. The office of Deputy Commissioner, Narayangonj District, received the said representation on 14.02.2010. 33. It was stated that the land, foreshore and bank in question in respect of which the said notices have been issued are owned by Narayangonj River Port a..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......ending in the said 20th, 21st and 22nd AGMs against the shares sold out after the record date i.e. 25.09.2005 relying on the representations of the respondent No. 18 company and as per the law of the land. The High Court Division by order dated 13.02.2008 added the appellant as added respondent No. ...... costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......rd date to avoid such anomaly and incongruity. 41. He submits that the judgment of the High Court Division suffers from no illegality. 42. It appears that the High Court Division considered the question of maintainability of the petitions under Sections 81(2) and 85(3) of the Act and held as u..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
.... Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetuddin M No. 6304 from the possession of the defendant company, w...... of the building, but also to direct that the building already erected be taken down." 18. Similarly, in the case of The National Bank of India Vs. Yakub Mia 7 DLR 606, in a suit for ejectment the landlord erected a wall during the pendency of the petition for temporary injunction filed by the te...... order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......intainable because the nature of the suit does come within the ambit of the Admiralty jurisdiction of this Court and that the plaintiff being the agent of the owner so far the vessel is concerned the question of violation of the order of injunction by the defendant does not arise, that the suit ough..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....arises out of Title Suit No. 58 of 1990 which was re‑numbered as 38 of 1992. Said Moulana Fariduddin Ahmed instituted this suit for declaration of title in said 92 decimals of land, confirmation of possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decim......or declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his father late Ahidullah in favour of the petitioner Moulana Fariduddin Ahmed leasing out 92 decimals of land is null and void, inoperative, without consideration and therefore not binding on him. 2. La......ecords at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......arties, the trial Court rightly dismissed the suit of Kalimullah. But in appeal the appellate Court without considering the entire evidence on record rather on misconception of law found the lease in question was not valid beyond five years and thereby, the petitioner acquired no valid title. In suc..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....pondent‑ opposite parties of which contemner Nos. 1‑4 are parties in this case. The opposite party Nos.1‑4 were also restrained by an order of ad interim injunction from disturbing the peaceful possession of the plaintiff‑petitioner appellant in the suit property and respondent Nos. 1‑4 we......e ought not to be had to contempt proceeding in aid of a civil remedy where there is any other method of doing justice available. In footnote (O) in relation to paragraph 3 of Halsbury’s Laws of England, Vol. 8, Third Edition, at 4, it is stated that: "Where a remedy by civil action is availabl...... In re: Clements, Republic of Costa Rica Vs. Eglanger (1876) 46 LJCJ 375; Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Lawyers Involved: Md. Abdus Sobhan with Mir Moklesur Rahman and Nasrin Parvin, Advocates‑ For the Petitioner. Dr. Rafiqur Rahman with MA Baki, Advocates– For the......at demand. 4. As against that the plain case of the opposite parties in this Rule is that one Momena Begum, daughter of Abul Hossain of 115. Monipur, Dhaka was the original allottee of the shop in question, an agreement was executed between the Corporation and said Momena Begum and all payments i..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......de of Civil Procedure cannot be taken away lightly but it can be so read only when it is specifically barred under any law. The question of legality or validity of an agreement for sale of a piece of land involving a Co-operative Society and a third party is, therefore, a matter triable by the civil......tion is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ....... 1 of 1985) are bar against the institution of the suit as the matters involved in the suit are compulsorily referable to the Registrar and the civil Court has no jurisdiction to try the disputes in question. 4. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits tha..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4th of fine in the government fund. 2. The prosecution case, in short, is that deceased Mohammad Ali purchased 2 acres of land from accused Abdul Jabbar who did not execute the kabala deed though he received total consider......bove modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ...... The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......For the Petitioner. MA Mannan with Abdul Momen Chowdhury Advocates—For the Respondents. Writ Petition Nos. 1370 and 1371 of 1992. Judgment Syed Aminl Islam J.- As common question of law and facts are involved in these Rules they were heard together and are being dispose..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ...... is used merely as a cloak to cover an act which, in fact, is not taken though it purports to have been taken under .the statute, the order will not, in accordance with a long line of decisions in England and in this Sub-continent, be treated as an order under the statute." 20. Mr. Bhuiyan ha......e question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......d Deputy Attorney-General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......85 in the case of Sharping Matshjibi Samabaya Samity Ltd. and others vs. Bangladesh and others and also to the decision reported in 57 DLR (AD) 31 in the case of Ananda Builders Ltd. vs. Bangladesh Inland Water Transport Authority and others, he strenuously argues that contract does not become a sta......egal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......For the Petitioner. MA Samad, Advocate—For Respondent Nos. 2, 3, 4 and 5. Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-219..Category: Civil Law | Date: | Hits: 74
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......tance case it appears from the rule petition and also from the application for condonation of delay that the petitioner was unaware about the case and he was at his locality and was ploughing his land. Although notices were published in two newspapers i.e. in 'daily Sangram' and 'daily Azad' but......th the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... appeal from jail. In such situation his appeal from jail should be admitted for hearing giving a chance to the accused appellant petitioner to defend his case. 4. In criminal case there is no question of condonation of delay as the period for avoiding apprehension is never curtailed from the..Category: Criminal Law | Date: | Hits: 36
....Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya Mondal. During his possession, he died leaving 2 minor sons namely, Pagla Mondal and Lalit Mondal. One Haribala Mondal,......ordinate Judge, 1st Court, Khulna in Title Suit No. 105 of 1978.
2. The plaintiffs (petitioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya ......……Opposite Parties
Judgment
July 9, 2006.
Cases Referred To-
Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. ......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......nd in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......abilities, etc were produced in support of the return. The Deputy Commissioner of Taxes however, under section 83(2) of the Ordinance estimated total income of the assessee for the assessment year in question at Taka 12,45,322 and accordingly, determined income tax to be paid. 3. Being aggrie..Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....e being No. 187 of 1989 before the concerned Rin Salishi Board, Dakope impleading the plaintiff Nos. 1 and 2 as 2nd party. That case was allowed by the judgment and order dated 3-12-1990. Thereafter, possession of the land was handed over in favour of the defendant No. 15 by the Board on 27-6-1991. ......ule are, that admittedly the suit property belonged to Chandi Charan Roy who died leaving behind one son, the defendant No. 15 and a widow, the defendant No. 16. The defendant No. 15 sold one acre of land by a kabala deed dated 17-5-1982 at a consideration of Taka 13,000 in favour of the plaintiff N......rt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Puspak Kumar Roy and another……….Defendant-Petitioners Vs. Eldrin Khan and others.............Plaintiff-Opposite Parties. Judgment November 22, 2005......aintiff has preferred Miscellaneous Appeal No. 137 of 1991 and 138 of 1991 and those appeals are pending. Whether the notices were served or not by the Rin Salishi Board upon the plaintiffs are the questions of fact and that were not challenged in the suit. The plaintiff has neither challenged the..Category: Property Law | Date: | Hits: 34
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......ll attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......nded provisions of the Ordinance 1976 that the Respondent No. 4 Additional Commissioner of Police KMP, Khulna is the authorised officer by law to issue the impugned order (Annexure-'F'), as such, the question of lack of jurisdiction is not sustainable in law and accordingly, we hold that the facts a..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ng an area of 5 kathas of land along with pucca structures was given allotment to one Md. Younus Ali, son of late Md. Yusuf Ali of the same address by registered agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owner of the house in question. The said M......s such other or further order or orders as to this Court may seem fit and proper. 2. It has been stated that House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) measuring an area of 5 kathas of land along with pucca structures was given allotment to one Md. Younus Ali, son of late Md. Yusuf Al......hin 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......o one Md. Younus Ali, son of late Md. Yusuf Ali of the same address by registered agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owner of the house in question. The said Md. Younus Ali while possessing the property had obtained loan for construction o..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yunus by a registered deed of lease being No. 2067 dated 2-2-1960; that after taking delivery of possession of the aforesaid property the original allottee Syed Md. Yunus built a two-storied buildi......ered deed of lease being No. 2067 dated 2-2-1960; that after taking delivery of possession of the aforesaid property the original allottee Syed Md. Yunus built a two-storied building on the leasehold land and had been living therein with his family members and that said Syed Md. Yunus being in need ......e, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......Md. Yunus being in need of urgent cash money sold out the aforesaid building to Md. Abdul Quayum by a registered deed being No. 881 dated 3-2-1969 and delivered physical possession of the building in question to said Abdul Quayum and that thereafter, Abdul Quayum while was in ownership and possessio..Category: Property Law | Date: | Hits: 33
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