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Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....g aside of the ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit 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 s......dure (CPC) seeking setting aside of the ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit 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 ......ed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......aches on their part before the ex parte decree. Had petitioner No.4 been not attacked with fever at the relevant time than definitely he would take steps when the suit was called for hearing". On the question of limitation, the appellate Court has observed that petitioner No.4 (defendant No.4) came ..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....for three and half years or proportionately as the case may be. In the meantime, the government confiscated the writ-petitioner-respondent's house at Gulshan for realisation of the fine and took over possession thereof. On 25th December, 1991 the writ-petitioner-respondent made a representation to t...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......ordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......stitution, he argued that the President in exercise of his power under the aforesaid Article 49 could impose any condition and it is up to the convict to accept or not to accept the condition and the question of violation of fundamental rights by the imposition of condition particularly ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....ad and Halishahar Housing Society. As a result 54 decimals of land on both sides of the road were left unutilised from the very beginning and the same was, at all material times, under the continuous possession of the writ petitioner-respondents. The Government neither utilised the said land nor too......absolute. 2. Short facts are that the writ petitioner-respondent Nos. 1 and 2 filed the writ petition challenging the order passed by the petitioners refusing to release the excess and unutilised land measuring 54 decimals acquired in LA Case No. 83 of 1960-1961 in compliance with the decision o......ny order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ...... not be released in favour of the writ petitioner-respondents. 4. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that the land in question were acquired on payment of compensation money to the owner and, as such, the ownership of ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
...., entered into a written agreement to sell the property for a consideration of Taka 28,000 and that upon receiving Taka 27,000 executed a deed of agreement on 1-8-1973, that Mr. SM Hasan delivered possession to the respondent and since then he is owning and possessing the property in question, t....... SM Hasan did not execute and register the deed in favour of the respondent he was constrained to file Title Suit No. 528 of 1978 on 2-10-1978 for the specific performance of contract for sale of land, that the summons of the said suit was served on the defendants including the Government of Ba...... costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......uilding in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question was owned by one Mr. SM Hasan who got the same by lease deed dated May 31,1966 from the Go..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......dents Judgment December 11, 1997. The Importers, Exporters and Indenters (Registration) Order, 1981, Articles 6, 8 & 9 There had been violation of natural justice in not giving a hearing to the writ petitioners and the Controller of Import and Export acted at th...... have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which the impug..Category: Business or Commercial Law | Date: | Hits: 89
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
.... was made but the said "ঘোষনাপত্র দলিল" was also not produced before any Court. 12. Furthermore, it appears that the plaintiff cancelled the lease and did not deliver the possession of the land in favour of the defendant. It such view of the matter we are unable to under......oid and not binding upon the plaintiff. In the suit, it has been stated that the defendant fisheries, a Public Ltd Co applied to the government for long term lease of 155.39 acres of non-agricultural land for fish cultivation in scientific way; that after enquiries and observing all formalities the ......st. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......, 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. ..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....enior 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, inter alia, that the suit land measuring 0.04 acre......ahi 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, inter alia, that the suit land measuring 0.04 acres from Plot No. 50 in old Khatian N......nbsp; April 5, 2005. Case Referred To- Shree Sudhir Chandra Das vs. Amena Khatun and others. Lawyers Involved AJ Mohammad Ali, Senior Advocate, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—Appellants. Sultan Ahmed, Advocat...... 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. ..Category: Property Law | Date: | Hits: 25
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......ection to inquiry and investigation and as such the Memo, impugned cannot be considered illegal, that there has been no violation of the Articles 27 and 31 of the Constitution in issuing the Memo, in question since the same has been issued only for the purpose of holding an inquiry about the allegat..Category: Anti-Corruption Laws | Date: | Hits: 113
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
.....25 bighas of land of his share from the land of Khewat No. 4 ½ in favour of Abdul Jabbar, Abdul Wohed, Abdul Kader Ahmed Howlader and Hashem Ali Howlader, the defendant No.20. Accordingly, possession of the mortgage land was also in their favour and subsequently, Khalilur Rahman repaid t......t 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 Kishore Howlader was recorded i...... Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......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. ..Category: Property Law | Date: | Hits: 102
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....out lawful authority; that the appellant No.1 issued the impugned notice firstly, without ascertaining and stating the nature and extent of the pecuniary resources or property which were found in the possession of the respondent No.1; secondly, without proving and specifying which of the resources o......first information report, followed by enquiry and investigation, followed by filing of charge sheet (or final report) and eventually after a trial in a court of law in accordance with the laws of the land. He submits that the High Court Division committed an error of law, inasmuch as the High Court ......on of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......by the High Court Division in Writ Petition No. 6854 of 2007 making the Rule absolute was ordered to be heard along with CP Nos. 53,183, 17 and 94 of 2008 since facts are more or less similar and the question of law involved common. 2. The facts, in short, are that the respondent in the appeal as..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....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. ......er expiry of the initial lease term another lease agreement dated June 10, 1957 was entered into and the rent was enhanced to TK.100/-; that defendant No.1’s father on obtaining permission from the landlady, i.e. present plaintiff’s mother, constructed hut spending TK.2,000/- and although landla......gong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......t the notice so served neither proper nor sufficient and the claim of bonafide requirement is not genuine 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...Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....nsari, the respondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the numbers of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Ch......he case properties. 3. Respondent No. 1 in affidavit-in-opposition contended, inter alia, that Mokter Ahmed Ansari and Peshkar Ahmed Ansari were two brothers who on 22.02.1960 purchased the lands question by two registered deeds from one Babu Kader Nath and thereafter constructed two apar......s to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......e properties. 3. Respondent No. 1 in affidavit-in-opposition contended, inter alia, that Mokter Ahmed Ansari and Peshkar Ahmed Ansari were two brothers who on 22.02.1960 purchased the lands question by two registered deeds from one Babu Kader Nath and thereafter constructed two apartment ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....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. ....... 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 declaration that the Memo No.560 dated......ored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......eking release of the property was not legally well advised one as well as was not entertainable in law. He further submitted that in the instant case the validity of acquisition of the property in question has not been disputed. He next submitted that the undisputed position is that the property..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....d any knowledge of sale in question prior to the given date of knowledge and there is also no evidence that the pre-emptor No.1 Shusil Kumar Ghosh witnessed any act of possession of the pre-emptee in the case land. The High Court Division accordingly held that the p......7 and Miscellaneous Case No. 32 of 1986 subsequently renumbered as Miscellaneous Case No.41 of 1976 respectively against the common pre-emptee, Md. Nurul Haque Howlader for pre-emption of the case lands (18½+.13+ 21¼ decimals) measuring in total .53 decimals of land sold unde......ssed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......of the case land to the stranger purchaser, the pre-emptee and there is no positive evidence from the side of the pre-emptee to establish that the pre-emptor No.1 had any knowledge of sale in question prior to the given date of knowledge and there is also no evidence that the pre-emptor No...Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....er name like Sawrupjan and Sarbanu was never married to Ludu Mollah. Hamijuddin in over to deprive his full sister, Somarthaban Bibi created a forged, fabricated document on 23.12.1920 and no possession was delivered and no consideration money passed. When Somarthaban Bibi was given in marr......Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12.1920 in favour of the defendant is void stating, inter alia, that 60 decimals of land of Mouza kashipur under R.S. Khatian No. 2044 P.S. Barisal Sadar belonged to Nasaruddin in 16......ed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....acres of chala land of C.S.Plot Nos.44, 45, 46, 49, 77, 80, 76, 75, 81, 40, 48 and 70 of Ranabhola Mouza presently under the Police Station Uttara at a consideration of TK.46,5000.00 and took over possession. On that basis a regular sale deed (Ext.56 Cha) was executed and registered on 09.05.196......t District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case ...... Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......sation applying the Rule of two years average available under the Ordinance III of 1965 promulgated on 22.03.1965 but made retrospective with effect from 15.08.1963. This Division frame the question for consideration as follow; "What will be the law for the assessment ..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
.... case property on mutating her name and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Government to late Mr. Abdus Salam or his heirs or to the petitio......t decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ...... The petition is dismissed. Ed. This Case is also Reported in: ......e Rule absolute holding that in terms of the principle laid down in 17 BLD (AD) 118, once a building is included in either list of abandoned buildings it is conclusive evidence that the building in question is an abandoned property which means that the original owner was either not present in Ba..Category: Property Law | Date: | Hits: 26
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ...... was shown that value in the statement and in the IT 10B of Income Tax. They paid Income Tax u/s 19-B on the basis of covered area of the building. So the Anti-corruption authority should not ask any question whatsoever according to the law. 12. One Shireen Parveen, Deputy Director Anti-Corrupti..Category: Civil Law | Date: | Hits: 125
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....mdi Sk. died issueless and his brother Ebrahim Sk. inherited his (Molamdi) share in full and thus Ebrahim Sk. became owner in the suit jote to the extent of 2 annas and he being in right, title and possession as such sold his share measuring .11 decimal of land to the plaintiff vide registered ka......Rule absolute. 2. The plaintiff instituted Title Suit No. 179 of 1990 in the Court of Assistant Judge, Additional Court No.1, Khulna for a decree for partition stating, inter alia, that the land of the said jote belonged to Ismail Sk. Hashem Sk. Jobed Sk. Wakhiluddin Sk. to the extent of ......lso Reported in: 28 BLD (AD) (2008) 215. ......awab Ali, the learned Advocate-on-Record for respondent Nos.1-2 and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that the only question to be decided in this case as to whether the aid of section 43 of the Transfer of Property..Category: Property Law | Date: | Hits: 26
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....Kadbanu Bewa. His daughter Kadbanu inherited 1/3 share. Dil Mohammad subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favou......e for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as described in schedule 'ka' to the plaint, belonged to one Alep Khan who died leaving behin......ed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......uit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a past and closed one and as such the plaintiffs have no right of redemption and accor..Category: Property Law | Date: | Hits: 41
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