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Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Short fact of the pl......e petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judge, Kawnia Upazila is not binding upon them and recovery of khas possession of the lands described in the schedule 'Ka' to the plaint. 3. Short fact of the plaint case is that ...... appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......hases were hit by lis pendens and this has resulted an error in the decision of the case on its merits. II. For that the Appellate Court having reversed the findings of the trial court on the question of possession and dispossession, made on treating the case as one under section 9 of the ..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ...... Case No.1 of 2004(Preemption). 2. Respondent Nos.1 and another instituted the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts ......cordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......he petitioner that the learned Single Judge of the High Court Division erred in law in maintaining the judgment and order of the lower appellate Court in failing to notice that the transaction in question is not an out and out sale but it is a mortgage and therefore, the case land is not legally..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....07 passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Class Suit No. 346 of 2005 granting mandatory injunction directing the added defendant Nos.3 and 4 petitioners to deliver possession of Suit Shop No. 19 of Younusco City Center in favour of the proforma respondent Nos.2 an......e identical submissions to the effect that the plaintiffs having entered into an agreement to purchase a shop which was under construction and in view of his failure to pay the installments the landlord having cancelled his allotment and the plaintiff having not filed proper suit the High Cour......th of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....tar Property and the appellants being not owners, Shebaits or next friend of the Deity have got no locus standi to contest the suit and prefer the appeal as they have no right, title and interest and possession in the suit land. He then submits that having regard to the facts that the C. S. Khatians......ule is illegal, collusive, null and void impleading the appellants as principal defendants. 3. The case of the plaintiff-appellants, in short, are that the suit property measuring .71 acres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Kera...... A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......rty is Debuttar Property as Vested upon the Deity and transfer of the said property by the alleged registered deed in favour of the appellants are collusive, illegal and null and void and as such the question of limitation does not arise and the suit was filed very much within the period of limita..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....t on 25.08.1996 being Other Class Suit No.96 of 1996 in the 1st Court of Sub-Ordinate Judge, Chittagong praying for declaration that the plaintiff respondent Nos. 1-6 have acquired a title by adverse possession in the suit property and also prayed for confirmation of their possession and the respond...... Yousuf and respondent Nos. 28-35 legal heirs of Abdul Matin also a co-tenant of the suit premises, stepped into the shoes of the original monthly tenants at a monthly rent of Tk. 70/- under original landlady Sm. Provabati Charterjee (said to be dead) and the petitioner having acquired the right, ti......erms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..Category: Tenancy Law | Date: | Hits: 185
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197....... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......ingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......respondent No.4). 11. The Rule was taken up for hearing by the High Court Division along with two other rules issued in Writ Petition Nos. 6703 of 2004 and 12175 of 2006 finding that similar question of fact and law was involved in those rules and after hearing the parties discharged the ..Category: Business or Commercial Law | Date: | Hits: 216
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......missed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ...... 9. While the petitioner was waiting to receive a favourable response from the Ministry concern all on a sudden the petitioner learnt that the Ministry has decided to lease out the fishery in question by tender. The petitioner on further inquiry learnt that the leasing authority without taki..Category: Property Law | Date: | Hits: 26
....) are entitled to a decree declaring their entitlement to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession.
3. The suit property originally belonged to the then Government of East Pakistan ......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......s petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
..
Category: Property Law | Date: | Hits: 23
Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)
....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......65 of 2007 making the Rule absolute. 2. The facts, in short, are that predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in respect of Md. Haider Waqf Estate wherein quantum of land was 64.63 acres, and that the property in question is situated under Police Station-Guainghat o......permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......The facts, in short, are that predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in respect of Md. Haider Waqf Estate wherein quantum of land was 64.63 acres, and that the property in question is situated under Police Station-Guainghat of Sylhet town and that the petitioner Md. Enam ..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....ered kabala dated 16.10.1960 and delivered possessing thereof. Ijjad Ali transferred the said 2nd schedule land on 06.12.1962 in favour of Abdul Latif the predecessor of the plaintiff and delivered possession but as he died before executing the kabala his heirs subsequently executed and registered...... petitioner herein as defendant for eviction of the defendant from the suit premises stating, inter alia, that the suit Taluk No. 46687 of 1979 under mouza Chottrish of Upazila Fenchegonj and other land belonged to the predecessor of plaintiff, Mohammad Asim and his 2 brothers namely Mohammad As......petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....d and after proper assessment of the evidences on record came to its finding that the plaintiffs by producing the title deeds and Khatians as well as the oral evidences proved their case of title and possession and that in view of the settled principle of law that in exercising revisional power th......S. Khatian No. 392 in the name Chitu Mia (8 annas) Afsin Matbor (4 annas) and Babar Ali (4 annas), which they were owning and possessing as such and that the suit plot No. 752 consists of 27 decimals land, which on mutual partition said Afsin Matbar and Babar Ali have been possessing exclusively i......Case is also Reported in: VII (ADC) (2010) 137. ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..Category: Property Law | Date: | Hits: 37
....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132....... the constitution of the county. An individual businessmen's claim cannot be entertained by stampeding the desire of the common people and in gross violation of the rules and regulations of the land and that in view of above circumstances the petitioners are under obligation to refuse granting...... of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......with due consideration of the necessity of granting such license in the perspective of degradation of moral values, increasing social crimes and negative public stance against the products in question.
7. It was further submitted that Section 3 of the Narcotics Control Act, 1990 (as amend..
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......27.00 lacs. Pursuant to the said tender notice the petitioner participated for obtaining lease of the residential plot being No. NE (O)-4 situated at Road No.90, Gulshan, Dhaka having a total area of land (more or less) 26.09 kathas. The petitioner deposited Tk.21 lacs by way of earnest money as per...... The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......esh Water Development Board does not come with the meaning of either of the two establishments.
14. In the case of Director of Ports Vs. 2nd Labour Court, Dhaka the High Court Division held that Inland Water Transport Authority being a statutory body of the Government was not created for any busi......he Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......the complainant.
11. In the Divisional Labour Court the respondent Golam Nabi filed the complaint case under Section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965. The precise question is whether Bangladesh Water Development Board is a commercial establishment or an industri..
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
.... No. 33 of Thak No. 3906 of Mouza Sandishail. The said schedule land was owned by Md. Kalim and possessed by Reza Mohammad and Md. Nazeem. By amicable partition Reza Mohammad became absolute owner in possession of land of Chak No.33 and after him, his successor-in-interest i.e. the plaintiffs and pr......uit No.31 of 1986 dismissing the suit. 2. Respondent Nos.1 to 14 instituted Title Suit No.31 of 1986 in the Court of the learned Subordinate Judge, Sylhet for declaration of their title to the land described in 2nd schedule which is part of 1st schedule land, by inheritance and by amicable ......his appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....ne part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agreement contained many conditions and after allotment of the aforesaid building the delivery of possession of the building was handed over by the Government to the original allottee Syed Nazir Ahm......for Pakistan as evident from annexure-1 to show that the whereabouts of the owner was known and he was present in Bangladesh to manage, control and administer the building in question and as such the land of the original owner could not be declared as abandoned property and as such the inclusion......s to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......otted the disputed building and while he was in possession of the said building left the house in December 1971 and took shelter in a camp. He also opted for Pakistan (Annexure-I) and as such the question of sale of the house by Syed Nazir Ahmed does not arise at all and that the appellant has c..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....n Dewan on receipt of one volume of holy Quran made gift of 16th share in the property in Schedule 'A' of the plaint with other properties to the defendant No.1 and put the defendant No.1 in ejmali possession of the property. Since then the defendant No.1 has been in ejmali possession of the suit ......tioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase by his own earned money and he constructed pucca building thereon. While Md. Sadeq was in possession of such land he died leaving behind 2 wives, 5 sons and 3 daughters and his father Munshi Imamuddin Dewan as......urt are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e absolute. 2. The facts, in short, are that the respondent's father Manzur Ahmed, a refugee from India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family members. After the emergence......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......l is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......included in the 'ka' list of abandoned buildings published by the Government on 23.09.1986. The respondent then filed an application before the Court of Settlement praying for release of the house in question. 3. At the same time Istefa Hossain under whose custody the respondent No. 5 kept th..Category: Property Law | Date: | Hits: 31
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ...... the number 00661 is of design only and the respondent No.1, only to delay the registration of the Trade Mark GX 06661 of the petitioner, has filed the Opposition Case No.1657 of 2000 and the ceiling land produced by the petitioner has also been duly certified by the BSTI after due testing. 4......petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......elligence and therefore it is expected that any consumer purchaser of a ceiling fan will duly scrutinize the product including name of the manufacturer thereof and therefore there should not be any question of confusion or deception in purchasing a fan; the petitioner is using the similar type of ..Category: Intellectual Property Law | Date: | Hits: 211
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......ment in Bangladesh in taka with the option of converting 80% of the payment into foreign exchange. The learned Counsel as regard interpretation of fiscal law has referred to (1982) 1 All ER, 867 (Inland Revenue Commissioners Vs. Berrill and another) wherein it has been observed "the modern attitud......ccordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
...... that of the 'জরিপ সংস্থা’ are vatable.
28. The learned Counsel Mr. Md. Salah Uddin Ahmed for the Respondent Nos.1 and 2 in Civil Appeal No. 287 of 2003 submitted that sole question in the appeals is whether PSI Agency renders service in Bangladesh and that whether service..
Category: Fiscal/Taxation Law | Date: | Hits: 95
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