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Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....e Execution Case No. 4 of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for declaration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent Nos. 5-6 imple......icant filed petition before the High Court Division praying to add him as an opposite party in the rule stating, inter-alia, that respondent No. 2-4 entered into an agreement for sale of their land and building with the present petitioner on 25.5.2000 for a consideration of TK. 2,50,000......te. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......ion of TK. 2,50,00000/- and already an amount of Tk. 8,00,000/- was paid as advance to respondent Nos. 2-4 and that he also deposited Tk. 8,00,000/- as transfer fee for the property in question to Bangladesh Bank and that therefore he was necessary party in the rule. 5. The Hig..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....ssed by the learned Senior Assistant Judge 4th Court, Dhaka in Title Suit No. 115 of 1998 allowing an application for mandatory injunction and directing the plaintiff petitioners to hand over possession of the suit land to the plaintiff respondent Nos.1 and 2. 2. Civil Petition for L......nior Assistant Judge 4th Court, Dhaka in Title Suit No. 115 of 1998 allowing an application for mandatory injunction and directing the plaintiff petitioners to hand over possession of the suit land to the plaintiff respondent Nos.1 and 2. 2. Civil Petition for Leave to Appeal No. 523 ......Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......te appearing for the respondent Nos. 1 to 3 opposes the petition. He submits, inter alia, that the trial court finding a strong prima facie case warranting mandatory injunction passed the order in question. The High Court Division in its turn examined the facts and circumstances and ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......President nor the Hon'ble prime Minister or any other person/persons on whose advice the President passed the order of removal was given chance of being heard. 7. He further submits that the question involved in the matter is of utmost public importance and relates to important interpre&sh..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....rict Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in sch......judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of posse......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ed the claim except .2909 acre of land consumed for the road. Once the land is acquired it vests in the government through the requiring body and it does not matter whether it is use or not and the question of abandonment is unknown to the Emergency Requisition of Property Act, 1948 under which t..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......Judge, Beanibazar claiming preemption under section 96 of the State Acquisition and Tenancy Act and Section 24 of the Non-agricultural Tenancy Act claiming to be contiguous owner of the case land and that the petitioner purchased land of plot No. 1963 a homestead plot No. 1964 chara land a...... Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......c ton and thus committed error. 8. He further submits that the steps taken by the respondent in the 6th Call were made by the writ respondents bonafide and there being no malafide in it question of entertaining the writ petition itself does not arise. 9. Mr. Fida M. Kamal learn..Category: Civil Law | Date: | Hits: 97
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......y, the appeal is allowed. There is no order as to costs. Ed. ...... information from his engaged Advocate about the receiving of the record by the trial Court and of fixation of the suit for peremptory hearing was not established by any reliable evidence. Now the question is, whether summons was served on the respondent No.1 who was petitioner in the Miscellane..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......haibor Ali Miah and plaintiff No. 9, that Khaibor Ali Miah died leaving the plaintiff Nos. 1-8, that after the death of Mir Baksha Miah the defendants accepted the heirs of Mir Baksha Miah as their landlords and that after the death of Khaibor Ali Miah the defendants accepted his heirs and ...... merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......r the purpose of their own use and occupation. The High Court Division also held, in the background of the evidence on record, that it is quite seen that there is an element of 'must' as regard the question of bonafide requirement of the premises in suit by the plaintiffs. The High Court Divisio..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of BanglaÂdesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......gent reason to interfere with the same. Both the petitions are dismissed. Ed. ...... by a Division Bench of the High Court Division in Writ Petition Nos. 5587 of 2000 and 94 of 2003 discharging the Rules. 2. In Writ Petition Nos. 5587 of 2000, the writ petitioner called in question two orders namely order dated 29-6-1999 (Annexure-D to the writ petition) passed by respon..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....ls of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed theref......Nos. 62, 63 & 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286...... a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......e purported delivery of possession to the appellant on the same day which was practically impossible and the same was mere a paper transaction. In fact, the appellant entered into the land in question on 16-10-2000 and dispossessed the writ petitioners. The allotment of the land to the appe..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
.... 30, 1968 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of t......int District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot No.366 of CS khat...... merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... narrated the occurrence to the police and also about the other injured person that the said person was found immediately before the occurrence by him with a bag in his hand and later from his possession some leaflets claiming introduction of Quranic Law were also recovered and that the witne...... of the Penal Code or any other special law. Since the four convicts, as to whom my brother Mr. Joynul Abedin, J's separate note relates, were tried by the competent Court in accordance to law of the land and, as such, jurisdictional question raised by the convicts was quite not relevant. Moreover w......ibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......e fact that the convicts were tried by a competent Court of the country in accordance with law and upon due compliance of all the necessary formalities and, in such view of the matter, jurisdictional question is rather redundant. In the result, I also dismiss all the petitions and I fully concur ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....narily suffice. 40. In the case of Nawab Ali Dhakua vs. Abdur Rahman & others reported in 1994 BID (AD) 229 leave was granted on the ground that the High Court Division in affirming the finding of possession of the trial Court did not itself discuss the evidence of possession and come to any inde......d documentary evidence in detail. This Court is of the view the learned trial Court came to correct finding by holding to the effect that the plaintiff has no practical basis of claim over the case land. This Court is of the view that the learned trial Court was perfectly justified in disbelievin......arties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......reasons given by the Court decision of which is under appeal would ordinarily suffice." 38. In the case of Mahmud All & another vs Bangladesh & others reported in 1986 BLD (AD) 56, wherein similar question arose, the appellate Court dismissed the appeal holding as follows: "Considered the s..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......or. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......st the judgment and decree passed by the learned Subordinate Judge, Artha Rin Adalat No.3, Dhaka dated 5-5-2000 in Money Suit No. 109 of 1998 while Writ Petition No. 3261 of 2001 was filed calling in question the judgment and decree dated 7-11-1999 passed by the learned Subordinate Judge, Artha Rin ..Category: Business or Commercial Law | Date: | Hits: 135
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......t, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the buyers to purchase it and himself negotiated the price. This conduct of the pre......eal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......re-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor accrues only on the regÂistration of ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......gedly recorded their statements. 9. This case, however, in our opinion, does not fall to be decided upon an examination of the credibility and value of the confessions. There is a more fundamental question involved which does not seem to have been favoured by the learned judges. The question invo..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....migrated from India, generally known as "Behari Refugees". The quarter was allotted under a Lease Agreement to respondent No. 2, Shamsuddin, in 1965 for his residence, but he immediately after taking possession entered into an Agreement with respondent No. 1, Ibrahim, to sell it on a consideration o......see' has been used just to show the allottees status and legal position and contends that a licensÂee's right has been given in s. 52 of the Easement Act, 1882. A licensee has got no interest in the land which he is simply permitted to possess by the grantor of the licence, that is, by the owner of......of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......arch 1973 since when she has been in possession of it. The Agreement between the allotÂtee, respondent No. 2 and respondent No. 1, it was contended, was void and inoperative and as such there was no question of its specific performance. 3. Both the trial Court and the appellate Court concurrentl..Category: Property Law | Date: | Hits: 40
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......dgment and order dated 19.11.1985 passed by the High Court Division, Jessore Bench in Criminal Misc. Case No. 24 of 1985). Judgment Shahabuddin Ahmed CJ. - This appeal by special leave calls in question an order of the High Court Division, Jessore Bench, in Criminal Mis. Case No. 24 of 1985 re..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......smissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......ed by the High Court Division, Rangpur Bench in Writ Petition Nos. 8 of 1989, 26 and 27 of 1988 respectively). Judgment Shahabuddin Ahmed J. - In these three apÂpeals by special leave a common question is inÂvolved. It is whether Rule 6 of the Union Parishad (Election) Rules, 1983, as to fix..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......rÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ...... (From the judgment and order dated 5 July 1988 passed by the High Court Division, Dhaka, in CrimÂinal Appeal No. 148 of 1986). Judgment Shahabuddin Ahmed J. - This appeal by special leave questions the propriety of conviction of the two appellants under sections 477A/109 of the Penal Cod..Category: Criminal Law | Date: | Hits: 45
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