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Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)

.....14‑28 as plaintiffs instituted Title Suit No.96 of 1956 in the Court of Subordinate Judge, (now Joint District Judge) Rangpur, for declaration of title of 'Ka' and 'Kha’ schedule land and for khas possession of the 'ka' schedule land against the predecessor-in-interest o......r Habib with Lutfunnessa Lucky, Advocates- For the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.2603 of 1992. Judgment MM Ruhul Amin J.- This Rule was issued calling upon the opposite party Nos.1‑13 to show cause as to why the impugned order comp...... complained of in the petition should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, in short, is that the predecessor-in-interest of the petitioners and opposite party Nos.14‑28 as plaintiffs inst............................Opposite Parties Judgment July 1, 2003. Result: The Rule is made absolute. Lawyers Involved: Mansur Habib with Lutfunnessa Lucky, Advocates- For the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.2603 of 199..

Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....d acquisition of the property of the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issued under Memo. No. Rajuk/pa/sha/ni-pa/ka/dha for taking possession of the land of the petitioner in Mouja Baridhara, Block 'J,' Plot No.783, measuring more or less 30......p;………………………………….Contemners Judgment June 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR ......prayed for restraining the respondents not to take possession of the petitioner's land and not to demolish semi-pucca structures thereon. It, however, appears from the order dated 14.8.2001 that at the time of moving the aforesaid writ petition the petitioner did not challenge the acqu......LR 486; 16 DLR (SC) 722; 16 DLR (SC) 731; M.O. Ghani Vs. A.N. Mahmood, 18 DLR (SC) 463; 18 DLR (Dhaka) 242; Mohd. Yusuf Vs. Chief Settlement Commissioner, 20 DLR (SC) 187; 39 DLR (AD) 1; AIR 1949 (Lahore) 131; Hari Bishnu Kamath Vs. Ahmed Ishaque, AIR 1955 SC 233; AIR 1958 (PUNJ.) 180; AIR 1966 (MAD..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......nbsp; Accordingly, the petition is dismissed. Ed. ......ns Judge sentenced the accused persons convicted under sections 302/34 to imprisonment for life and to pay a fine of Taka 5,000 each, in default to suffer rigorous imprisonment for 6 months more and that sentenced the convicts under sections 326/34 to 10 years rigorous imprisonment and to pay a fine......smissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....perty claimed to have been executed by the defendant No. 1 on November 5, 1973 in favour of the plaintiffs and the defendant No. 3. 3. Plaintiffs have filed the suit stating, inter alia, that the land in suit belongs to defendant No. 1 and, he has entered into an agreement with them to sell the ...... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......…………Respondents Judgment May 18, 2003. Result: The appeal is dismissed. The Code of Civil Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record......��……Respondents Judgment May 18, 2003. Result: The appeal is dismissed. The Code of Civil Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record are..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

....lently created. 5. Title Suit No. 27 of 1976 was decreed ex parte on 5.1.1985 and the Kabala was executed and registered through the Court. The respondent Nos. 1-6, however, purchased the suit land from the plaintiff Jahanara Begum but meanwhile respondent No. 7 the appellant in Civil Appeal ...... Vs. Hazera Khatun being dead her heirs: Md. Aminul Haque and others............Respondents (In both the Appeals) Judgment May 12, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. ...... his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed..........Appellant (In Civil Appeal No.439 of 2001) Vs. Hazera Khatun being dead her heirs: Md. Aminul Haque and others............Respondents (In both the Appeal......y 12, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. Lawyers Involved: T. H. Khan, Senior Advocate, (Mr. A. Quayum, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

.... petitioner, a co‑sharer tenant, filed an application under section 96(4) of the State Acquisition and Tenancy Act, hereinafter called "the Act", for pre‑empting the case land on the averment, inter alia, that though the pre‑emptor petitioner is claiming the pre&......ed. Ed. ......tenant, filed an application under section 96(4) of the State Acquisition and Tenancy Act, hereinafter called "the Act", for pre‑empting the case land on the averment, inter alia, that though the pre‑emptor petitioner is claiming the pre‑emption as a co‑sharer b......Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents Judgment May 5, 2003. The State Acquisi..

Category: Property Law | Date: 5 May, 2003 | Hits: 141

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....stat certified copy of a decree of Title Suit No. 663 of 1978 of the Second Court of Munsif, Satkhira in support of his case. The appellant prayed for mutating his name in respect of 0.44 decimals of land in plot No. 1858 of SA Khatian No. 983 under 101 Kotia Mouza with Satkhira PS. &nb......urt Appellate Division (Criminal) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J ......gh Court Division is Criminal Appeal No. 20 of 1992 allowing the appeal and sending it back to the trial Court for further investigation. 2. The facts, in short, are that one Jetindra Nath Paddar, Inspector, District Anti‑Corruption Bureau, Satkhira, lodged a f......; (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a relevant court is not necessary and there is ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)

.... We find hardly any materials on record to differ with the finding arrived at by the High Court Division. 12. Be that as it may, it has been proved that there was an agreement for sale of the suit land for an amount of Taka. 1,68,000 between the parties and at the, time of baina only Taka 5,000 w......same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......led Title Suit No. 30 of 1989 in the Court of Subordinate Judge Narayanganj against the defendant petitioner and another praying for a decree of Specific Performance of Contract stating, inter alia, that the defendant No.1 (hereinafter referred to as petitioner) was the owner of the suit property de...........Respondents Judgment February 4, 2003. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 12 In case of sale of immovable property, the court ordinarily does not take into consideration the increase of market price. Further, in case of sale o..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 147

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

.... State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer tak...... Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Alfazu...... January 21, 2003. State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree ......sp; State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer taking place after ..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....iven huge ornaments and cash money and after death of her father she inherited all movable and immovable properties of her father and she also got, compensation for acquisition of some other paternal land and thus from her own source which she acquired from her father's property, she had purchased m......Onus of proof Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and...... as they plead, in view of the concept and meaning of the provisions of sections 102, 103 and 104 of the Evidence Act. In the instant case plaintiff could successfully carry out the onus of proof that the family was a joint Hindu family and it was never broken and the property of the second cate......f Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and meaning of ..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

....n Appeal Case No. 98 of 1984 illegal, void and not binding on the plaintiff. 2. Facts in the background of which the suit was filed, in short, are that Kamini Sundari Devi as owner of the land in suit on receiving Tk. 700/- out of total consideration of Tk. 1,000/- executed a bainapatra ......e is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......ecree dated August 31, 1986 of the Court of Munsif (now Assistant Judge), Bahndaria Upazila, Pirojpur, in Title Suit No. 29 of 1985 dismissing the suit wherein declaration was sought to the effect that the order dated February 5, 1985 of the Land Appeal Board in Appeal Case No. 98 of 1984 illegal,......Result: The appeal is allowed. Cases Referred to- Kessarbai Vs. Jethabhai Jivan AIR 1928 PC 277; 49 DLR (1997) 241. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Harunur Rashid, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For ..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....ance, to have been issued without lawful authority and is of no legal effect. 3. The impugned notice was issued proposing requisition and acquisition of more or less 0.1080 and 0.0620 acres of land owned by writ petitioners (respondent Nos. 1-13). 4. The writ petition was filed stating......ued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......d proposing requisition and acquisition of more or less 0.1080 and 0.0620 acres of land owned by writ petitioners (respondent Nos. 1-13). 4. The writ petition was filed stating amongst others that the writ petitioners are owners of 3 bighas and 16 Kathas of land and that notice under section ......ziz Cooperative Housing Society Ltd. & others…………….Respondents Judgment 16th November 2002 Lawyers Involved: A. F. M. Hasan Ariff, Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Petitioner. Dr..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

.... the suit shops by running a business under the name and style “Ms Famous Tailoring House." The further case of the plaintiff is that due to negotiation subsequently, a portion of the suit land (3 feet in breadth from the eastern portion of the property) was vacated and the rent was refix......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 20......a in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 in the Court of Assistant Judg......s Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq and others, 44 DLR 601. Lawyers Involved: Md. Ibrahim Mollah, Advocate—For the Petitioner. Saleha Islam, Advocate—For the Opposite Party No.1. Civil Revisio..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ...... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and anothe......; P Satyanarayana vs Land Reforms, Tribunal AIR 1980 AP 149. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Prober Neoz, Advocate with him), instructed by Sufia Khatun, Advocate‑on‑Record‑For the Appellants. TH Khan, ......ection 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....rofound and fully justified concerns to many people. However, task before the court is not only to weigh or evaluate or reflect those concerns and views but more to ascertain and apply the law of the land on review as it now stands understood. 24. A review, lies only when the alleged er......ith law. Ed. ...... 7. By a letter dated 16 February, 1999, to the Ministry of Information, the Ministry of Finance set out a number of conditions for granting licence to Ekushey Television. One of the conditions that, if the private channel transmitted its programme simultaneously with the BTV the private channe......ed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent Judgment August 29, 2002. ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....rformance of Contract on the averments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of the respondent No.1 on 11.7.1970 for sale of land measuring 10 (ten) kathas 5 (five) chateaus, more or less, situated in the Gulshan Model Town ...... This Case is also Reported in: 1 ADC (2004) 312. ......dents. The respondent No. 1 as plaintiff instituted Title suit No.135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of ......eme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and another.........Appellants Vs. Md. Yusuf Ali Khan and others...........

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....e. 6. The defence case is total denial of the allegation. The further defence case is that, the victim PW 3 entered into an agreement with the appellant on 5-10-1996 for the sale of 22 decimals of land for Taka 25,000 out of which she took an advance of Taka 17, 0000 but she did not execute the n......tely for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......lant) under section 6(1) of Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter shall be referred to as the Ain) and sentencing him to imprisonment for life. 2. The prosecution case is that the informant on 18-11-1996 in good faith at the suggestion of the accused appellant allowed his......ant Vs. State………Respondent Judgment August 11, 2002. Cases Referred To- Al-Amin vs. State 1999 BLD 307 = 51 DLR 154. Lawyers Involved: ABM Nurul Islam, Advocate—For the Accused Appellant. Md. Robiul Karim, Assistant Attorney-General-For the Respondent State. ..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....vernment of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the defendant No. 5 was that his father Chandra Kumar Pal was the owner of 11.77 acres of land of Khatian Nos. 30 and 32 (from amongst the property as described in schedule ‘A’) and th......bsp;DLR (AD) (2003) 39. ......e witness can be taken as foundation in taking a decision in respect of an issue in the case. Section 114 (ii) A registered document carries the presumption of correctness and that one who challenges or disputes that presumption of correctness is required to establish that by......��. Respondents Judgment July 27, 2002. The Evidence Act, 1872 (I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in taking a d..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......lso Reported in: 55 DLR (HCD) (2003) 527. ......sed appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was legally married to the accused appellant Goutam Chandr......d Gazi and another, 5 BLC (AD) 19; Abdul Kader alias Manju Vs. State, 46 DLR 605; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers Involved: Md. Abdus Sobhan with Md. Shafiqul Alam, Advocates—For the Appellant. Md. Abdul Baset, Assistant Attorney-General—For the Respondent. Criminal A..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....and several others executed and registered two Muktipatras on February 6, 1984 and January 5, 1985 in favour of the appellant Nos. 1 and 2 and another by name Haji Siddique Ahmed in respect of the land asserting the same to be the ancestral property of Haji Siddique Ahmed and others although sai......the Penal Code are set aside. Ed. ......02. The Penal Code, 1860 (XLV of 1860), Section 463 Making of false statement in a document by the executant thereof does not saddle him with the liability of committing forgery or that of making of a false document……….(15) Cases Referred to- ...... July 8, 2002. The Penal Code, 1860 (XLV of 1860), Section 463 Making of false statement in a document by the executant thereof does not saddle him with the liability of committing forgery or that of making of a false document……….(15) Cases Referred to-&..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

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