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A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....crore including the petitioner sponsors share of Taka 2.63 crore to be repaid in 10 years till 1. 10.98 with a two years grace period. Phasc‑II Dialogue Tower project on the petitioner's family land of 18.76 kathas at 64, Air Port Road to be built jointly with Lucky Gold star of South Korea an......s Case is also Reported in: 46 DLR (HCD) (1994) 405. ......its of the power and the law— Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly an...... Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, foll..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....for and the Rule is liable to be discharged. 5. It appears that if the petitioner before us and before the Court of Settlement Abdur Rouf Khan is the same person Abdur Rouf who took lease of the land and purchased the house, then the property does not fit into the definition of abandoned proper......………Respondents Judgment August 3, 1992 Result: The Rule is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to have decided the issue on merit and not dis......non‑prosecution without deciding the issue. In the instant case, the Court of Settlement dismissed the application for non-prosecution and yet it decided the question in issue by holding that inclusion of plot No. 7 Lane No. 4 Block C, Section 10, Mirpur Housing Estate, Dhaka in the '......;……………………Respondents Judgment August 3, 1992 Result: The Rule is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to ha..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....hem but not for both of them, but following the ratio in the case of Bhimsen Vs. Union of India, (AIR 1951 SC) 481 the Court found that both the proceedings were held to be cause of the finding that clandestine affairs of smuggling are always conducted in the shady hours of the evening and definitel...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......irs, Government of Bangladesh under section 31(1)(a) of the Special Powers Act dated 28.4.92. 2. This petition is moved by Salim Hasan, son‑in-law of the detenu. The case of the petitioner is that the detenu is a law abiding citizen of Bangladesh. He is an educated, responsible member of the ...... Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154; Sk. Shah..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....dated 30.8.1987 issued by the Assistant Commissioner Settlement, Ministry of Works, Dhaka.
2. It is the case of the petitioner along with five others that they were allotted a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha unde......
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......t an allotment letter bearing Memo No. 5817 dated 30.8.1987 issued by the Assistant Commissioner Settlement, Ministry of Works, Dhaka.
2. It is the case of the petitioner along with five others that they were allotted a piece or parcel of land measuring 400 square yards each for residential pur......;………………………………………Petitioner
Vs.
Bangladesh, represented by the Secretary Ministry of Works and others……………………..Respondent
Jud..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ...... Md. Sirajul Islam J AFM Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgm......Plaintiff Mr. AKM Bashirullah filed Title Suit No. 43 of 1984 in the First Court of Subordinate Judge, Dhaka for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the properties described in the schedule to the plaint originally belonged to Dr. Muhammad Shahi......am J AFM Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....ngonj decreeing Title Suit No. 19 of 1980.
2. The suit was instituted on 14.1.1980 for permanent injunction restraining thi defendants from interfering with the plainfiffs possession in the suit land (0.02 acre) comprising SA Plot No. 15 10 under SA Khatian No. 851 and also constituting Holding......s also Reported in: 46 DLR (HCD) (1994) 294
......is made absolute.
Notice under section 152 of the Ordinance is a pre‑requisite in all circumstances for institution of a suit against the Paurashava for anything done in official capacity and that the notices Exts. 3a and 3b which gave rise to the plaintiffs cause of action were issued in off......) 294
..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....or some time when he was served with a notice (Annexure-A) issued by the respondent No. 1 directing him to appear before him on 28.12.88 for hearing a complaint petition filed by the petitioner's landlords, respondent Nos. 5 and 6, for evicting the Petitioner therefrom. The petitioner could not ......sult: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Writ Petition No. 752 of 1989. Judgment Md. Abdul......e (Annexure F to the petition) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Md. Mazibur Rahman Talukder, is that he is a bonafide businessman running a printing press at Madaripur Town at holding No. 799, Pura......hellip;…………….......Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... to this Rule are in a nut‑shell as follows: The opposite parties 1‑5 as plaintiffs instituted the above title suit for specific performance of a contract alleging, inter alia, that the suit land with an area of 0.27 acre belonged to one Musim Ali, proforma‑defendant No.3 who sold the sam......p; others………………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR ......s giving rise to this Rule are in a nut‑shell as follows: The opposite parties 1‑5 as plaintiffs instituted the above title suit for specific performance of a contract alleging, inter alia, that the suit land with an area of 0.27 acre belonged to one Musim Ali, proforma‑defendant No.3 who...... Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and others, AIR 1929 Allahahad 668; Ughandi Mudafi Vs. R..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
.... of 1974 Annexure E, by the Deputy Commissioner, Sylhet (Respondent No. 2) have been impugned,
2. The following are averments in the writ petition necessary for disposal of the Rule.
3. The land of plot 6436 measuring .0956 acres recorded in khatian No. 3691 as cultivable vacant land withi...... the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:
The Rule is made absolute.
Cases Referred to-
Shah Ghulam Nabi and others Vs. Vice‑Chairman, East Pakistan Enemy Property......et (Respondent No. 2) have been impugned,
2. The following are averments in the writ petition necessary for disposal of the Rule.
3. The land of plot 6436 measuring .0956 acres recorded in khatian No. 3691 as cultivable vacant land within Sylhet Municipality, Kalighat, was acquired by purc......stan 20 DLR 976, 980; Sultanuddin Chowdhury Vs. Government of the People's Republic Bangladesh, 32 DLR 252.
Lawyers Involved:
Azizur Rahman Choudhury with Md. Abdul Mannan, Advocates‑For the Petitioner.
QA Hossain, AAG‑For the Respondent Nos.1 and 2.
Syed Dastagir Hossain..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....itle Suit No. 183 of 1981 in the Court of the Subordinate Judge, Comilla for declaration of his rayati right and also title by way of adverse possession and for confirmation of possession in the suit land and further with a prayer for permanent injunction against the defendants. Subsequently the def......il Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such amendment or alteration is necessary— Before allowing any amendment or alteration of the pleading, the Court must come to a finding ...... The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding that such amendment or alteration is necessary— Before allowing any amendment or alteration of......Akhtar and Others................Opposite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding t..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......n: 46 DLR (HCD) (1994) 403
...... lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease—
In the said case it has also been held that unless the lessee has violated any condition the Government cannot arbitrarily cancel the lease.......
Judgment
January 15, 1992.
Result:
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellation any Lease—
In the said ..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....eading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execution and registration of the kabala in respect of the suit land by the defendant No.1 and, in default, by the court in their favour stating that the suit land ......other………….…Opposite Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to ......or specific performance of contract with a prayer for execution and registration of the kabala in respect of the suit land by the defendant No.1 and, in default, by the court in their favour stating that the suit land comprising 0.49 acres out of 0.88 acres of land of the SA Plot No.294 correspondin......titioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......l Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Mainur Reza Chowdhury J
Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner
Vs.
The Secretary, Ministry of Land and others ..............R......ve been made without lawful authority and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman is, that it is a registered co‑operative society having registrative No.1527 dated 21.8.72 under the Co......alashi.................Petitioner
Vs.
The Secretary, Ministry of Land and others ..............Respondents
Judgment
May 30, 1991.
Lawyers Involved:
Subrata Chowdhury, Advocate ‑ For the Petitioner.
QA Hossain, Assistant Attorney General ‑ For the Respondent No.1.
SS Hald..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....e, 5th Court, Mymensingh reversing the judgment and decree of the learned Munsif. 2. The petitioners instituted OC Suit No.334 of 1977 for declaration of title in respect of 63 ½ acres of land appertaining to CS Dag No. 220 of Khatian Nos. 26, 27, and 35 of Mouza Daosa, PS Fulbaria Distr......nbsp; January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. Lawyers Involved: ......udgment and decree of the learned Munsif. 2. The petitioners instituted OC Suit No.334 of 1977 for declaration of title in respect of 63 ½ acres of land appertaining to CS Dag No. 220 of Khatian Nos. 26, 27, and 35 of Mouza Daosa, PS Fulbaria District Mymensingh. Their case was, inter al...... Judgment January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. Lawyers..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....e is also Reported in: 43 DLR (AD) (1991) 122. ......llegally in giving the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impression of Profulla Chandra for comparing the thumb impression ......s of attornment dated 22.9.1986 they informed the Corporation about the transfer of the suit premises. The plaintiffs also issued a similar notice of attornment on 30.7.1987. Defendant No.1 received that notice on 10. 10. 1987. On the defendants' request the plaintiffs gave information abou......d in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment December 12, 1990. ...... refuse to tell the truth. The neighbours may not also come forward to depose. The prosecution is, therefore, necessarily to rely on circumstantial evidence. There is nothing on record to show that the husband took any step for alleviating his wife's alleged colic pain or to inform his wif......2. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
.... Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the......fic Relief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for pa......missed. The Specific Relief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable ......que and others.... Respondents Judgment November 27, 1990. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The suit being one for declaration of title to an unspecified share of an undivided plot of land and there being no evid..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......ur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf & another........................Respondents Judgment November 14, 1990. ......he evidence in order to see whether finding on which acquittal has been based is perverse being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accused. Case Referred to- Golam Mohammad Vs. Sharif, 21 DLR (SC) 206. ......ellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh .................................Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
.... Title Suit No.144 of 1959 and thereafter they filed Title execution Case No.3 of 1962 for realisation of costs of the decree. After suppressing all processes in the Title Execution case they got the land in dispute auction purchased at a very shockingly low price without the knowledge of the appell...... being dead his heirs, Bismapada Mondal and others .... Decree-holder- Respondents Judgment November 11, 1990. Result: The appeal is allowed. Code of Civil Procedure, 1908 – Order XXI rule 68 Whether the High Court Division was correct in setting aside the judgme......erlooking the provision of Order 21 rule 68 of the Code of Civil Procedure and whether he wrongly upheld the auction sale in question. The High Court Division upheld the sale only on the ground that the son of defendant No. 1 being heir of judgment‑debtor contested the suit and as such it mus......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Sil..............................Judgment-debtor-Appellant Vs. Manhar Mandal being dead his heirs, Bismapada Mondal and others .... Dec..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... this Rule are: Mr. PBA Selim was the original owner of the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in ......ernment of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Gov......troversy as to whether the property is an abandoned or not the Joint Secretary to the Ministry of Works and Urban Development by an order dated October 2, 1975 (Annexure E-6 to this petition) stated that the house in question cannot be treated as an abandoned property and as Nasiruddin was a pension......isdiction) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
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