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Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......f her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......ssions Judge on the basis of such application, (2) that the learned Judges misdirected themselves in relying upon the provisions of Muslim Personal Law regarding attainment of majority while deciding question of custody of an alleged minor girl pending criminal proceeding under sections 363/366A of ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......sain 29 DLR (SC) 41; West Bengal State Electricity Board and others Vs. Desh Bandhu Ghose, AIR 1985 (SC) 722; 0 P Bhandari Vs. Indian Tourism Development Corporation, AIR 1987 (SC) I 11; Central Inland Transport Corporation Vs. Brojanath, AIR 1986 (SC) 1571 and MK Agarwal Vs. Gurgaon Gramin Bank...... Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......50 of 1991 before the Administrative Tribunal. The application was to be filed within six months from the date of the impugned order of termination but it was filed about one year thereafter. This question was raised before the Tribunal, which, however, rejected the Bank's objection on the groun..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....which was communicated to the respondent No. 1 by letter dated August 30th 1986 and in compliance to the said resolution the respondent No. 4 formally transferred the said land and handed over the possession thereof to the respondent No. 1 on 7th September, 1986; however, thereafter at the insta......ublic Car Parking Centre which was communicated to the respondent No. 1 by letter dated August 30th 1986 and in compliance to the said resolution the respondent No. 4 formally transferred the said land and handed over the possession thereof to the respondent No. 1 on 7th September, 1986; however......sh the structure, if any, already constructed. Ed. ......a member of central reorganising committee of Jatiya Samajtantric Dal (JSD) having its office at 35-36, Bangabandhu Avenue, (3rd Floor), PS Motijheel, Dhaka filed the above writ petition calling in question the unauthorised construction of a multi-storied shopping complex in the name of "Ud..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....oint of time he started to possess the land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of as......pondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his title upon denying the title of the real owner to her knowledge as well ......dge. Accordingly, the appeal is dismissed with costs. Ed. ......nying the title of Karuna Moyee Dasi the real owner and the defendants failed to prove their possession in the land in suit. The appellate Court while reversing the finding of the trial Court as to question of limitation has observed that the suit is for declaration of title and confirmation of p..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......y filing written objection and denied the case of the preemptor respondents and raised several issues including that of limitation. It is further claimed by the preemptee petitioners that the case land was purchased with the full knowledge of the preemptor respondents. The latter also refused to......r our interference. The leave petition is dismissed. Ed. ......esentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limitation Act. Negligent conduct is a question of fact and as no such fact has been proved the High Court Division rightly found that the..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....s Judgment April 15, 2002. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred......shiganj in Title, Appeal No. 36 of 1991 reversing those of the learned Assistant, Judge, Munshiganj dated 17-6-91 who dismissed Title Suit No. 36 of 1991 for declaration of title of 12 decimals of land out of 28 decimals of the suit plot. 2. Facts, leading to the filing of this petition ......er, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......s disposed of in the light of the Judgment in the appeals. Ed. ......efaq while he was a Minister. Since the appellant is no more a Minister, the Rules in the Writ Petitions have become infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constitution with its proviso..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......al by leave is against the judgment and order dated 7-7-1994 passed by the High Court Division in Civil Revision No. 758 of 1992 discharging the Rule. The above civil revision was filed calling in question the order dated 5-10-1991 passed by the learned Subordinate Judge (now Joint District Judg..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collusive one and right, title, interest and possession do not go back to the original owner and remains with the buyer, in that case reconveya......lip;…… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pr......e appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......rect being in accord with section 40 of the Transfer of Property Act as well as with reason". 12. In the case reported in 35 DLR (AD) 225 it has been held "The main question for careful examination will be whether he actually got back his land, and if the answer ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....of reconveyance is a genuine one and that on the basis thereof if the Pre-emptee reconveyed the land to the original owner (vendor) and the right, title and interest vest in the vendor and the possession of the land sought to be preempted has also gone back to him in that case even though t...... Case (preemption) No. 3 of 1992 allowing the same. 2. The Miscellaneous case was filed under section 96 of the State Acquisition and Tenancy Act, 1950 seeking preemption of 57 decimals of land as co-sharer of the holding by purchase and contiguous land owner of the land sought to be pr......eal is dismissed. There is no order as to costs. Ed. ...... of Khatian No. 1151 from Jogendra Chandra Saha and he also transferred .13 acre of land of the aforesaid plot to the pre-emptor on September 12, 1985 and thus he became co-sharer of the holding in question i.e. holding No. 1151, that opposite party Nos. 3-10 without serving any notice on the pre..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
.... of plot No. 203 in 1968-69 on payment of salami amounting to Taka 125 through OCR dated April 24, 1970 and paid rent for the year 1376 BS by the rent receipt dated April 24, 1970 and he went into possession in 1970, that on the death of Mohammad Mia the plaintiffs were substituted in the settle......ing the same. The suit was filed seeking declaration that the judgment and decree dated 18-2-1980 passed in Title Suit No. 43 of 1978 is null and void and the same is inoperative in respect of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inte...... Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......s and also the witness has no land in the neighborhood of the land in suit. Since the Court of fact on due scrutiny and consideration of the evidence of PW 2 found him an unreliable witness on the question of possession of the plaintiff-respondent Nos. 1-4 in the land in suit the High Court Divi..Category: Property Law | Date: | Hits: 51
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....fter the petitioner all on a sudden received a notice dated 2-7-2001 issued by respondent No. 1, Assistant Director (Estate) RAJUK addressed to the father of the petitioner directing him to hand over possession of the premises within 30 days in order to hand over possession of the premises to the pu......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......e judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......of 2001 was filed by the tenants of 10, Bangabandhu Avenue who were directed to hand over possession of the premises under their occupation for facilitating handing over possession of the premises in question to auction purchaser. 5. The High Court Division, upon consideration of the mater..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....f Messrs Golden Bengal Tobacco Limited and accordingly, the same was sold in auction to the plaintiff respondent, Messrs Bengal Bricks Limited on 12th May, 1978. The plaintiff-respondent entered into possession of the entire property except the suit land, In the meantime Burmah Eastern was renamed a......ngly, the same was sold in auction to the plaintiff respondent, Messrs Bengal Bricks Limited on 12th May, 1978. The plaintiff-respondent entered into possession of the entire property except the suit land, In the meantime Burmah Eastern was renamed as Padma Oil Company Limited, which for failure to ...... Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......e. 2. Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Munsif (now Assistant Judge), Gaibandha praying for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. On transfer to the Court of the Sen......sp; Ed. ...... during cross-examination in reply to the interrogatory served on him. Thus he was debarred from making such cross-examination regarding defect of parties and he was also debarred form raising the question of defect of parties at the stage of cross examination of the witness ……&hel..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ....... Saying 'sorry' does not make the slapper poorer. Nor does the cheek which has taken the slap smart less upon the said hypocritical word being uttered through the very lips which not long ago slandered a judicial officer without the slightest compunction." 19. This vi......tence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ...... General of Police, (2) Principal, Police Training Academy, Sarda, Rajshahi, and (3) the Principal of the Police Training College, Mirpur, Dhaka, were by the Rule, directed to answer the following questions by the 12th day of July, 2003, without fail- (i) Does the derogatory expres..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ...... and order passed by the High Court Division is set aside. Ed. ......e due as interest and compensation; so unless and until the remedy sought in the above suit is exhausted the petitioner was not entitled to invoke writ jurisdiction; since the disputes involved are questions of fact the writ petition is not maintainable; after the above judgment and order dated ..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......he aforesaid observations, the Rule is disposed of. Ed. ...... contempt of this Division. 2. The facts giving rise to the Rule are, in brief: 3. Alhaj Advocate Mohammad Rahmat Ali MP and another filed Writ Petition No. 9157 of 2005 calling in question the decision of the writ respondents to prepare a fresh electoral roll taken by the ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....is not maintainable and that the suit property along with other properties was acquired by the Government and the acquisition was notified in the official Gazette and the plaintiff has no title and possession in the suit property. 4. The trial Court decreed the suit by judgment and......If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favour of the prev......respective costs. Ed. ......ther submits that the observation of the learned Single Judge that the requiring body could not take physical possession of the suit property is without any material inasmuch as the notification in question was made on 12-12-1987 and the property vested in the Government. 8. He the..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......if (now Assistant Judge) Sunamganj, Sylhet in Title Suit No. 176 of 1968 dismissing the same. 2. The suit was filed seeking a decree for specific performance of contract for sale of land. 3. The suit was filed with the averments, inter alia, that the defendant sold the la......rdingly the appeal is allowed. There is no order as to cost. Ed. ........................Respondents Judgment March 1, 2006. The Code of Civil Procedure 1908 (V of 1908), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it exceeds its power. Finding of the Appellat..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......executed on May 28, 1988 and presented for registration on May 28, 1988 and registered as per provision of section 60 of the Registration Act on 15-10-1988 claiming to be a co-sharer of the holding land of which was transferred by the aforesaid deed and contending that the transferee Fatema Khar...... This Case is also Reported in: IV ADC (2007) 721. ......Babor Ali made the transaction in favour of his wife Fatema Khatun by the deed executed and presented for registration on 28-5-1988 and said Babor Ali died on June 7, 1988 and the deed in question was registered as per provision of section 60 of the Registration Act on October 15, 1988..Category: Property Law | Date: | Hits: 55
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