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Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
....urchased some land of the suit plot from defendant Nos. 27 and 28, other plaintiffs purchased some land from the suit plot from Md. Islam or his transferees and thus they claimed that they were in possession of 4.84 acres of land out of 7.80 acres. During the revisional settlement operation the ......rst Court, Chittagong in Partition Suit No. 37 of 1986. 2. Petitioners filed the aforesaid partition suit alleging that one Kali Das Nath took settlement of 7.80 acres of land of the suit plot in Settlement Case No. 112 of 193 1-32 from the Government and after his deat......sp; Mainur Reza Chowdhury J &...... The Constitution of Bangladesh, 1972, Article 104 Since the learned Advocate for the petitioners has not assailed the impugned judgment and agitating questions which were not agitated before the High Court Division, the honorable Court is not inclin..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......us Case 5 of 1984. 2. Predecessor-in-interest of the petitioners filed the aforesaid case under section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land on the allegation that he is a co-sharer on the basis of a deed of gift and that the pre-empte...... Supreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Momtazuddin Sarker and......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....cargo godown of theirs, the Cantonment police arrested 6 persons including the petitioner and recovered travellers cheque valued US dollars 5,93,000.00 equivalent to Taka 2,73,49,100.00 from their possession on the basis of confessional statement. 3. Pursuant to this case B......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ......bsp; Mahmudul Amin Choudhury J &n......it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ..Category: Business or Commercial Law | Date: | Hits: 83
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....nd quashing the proceeding of Motijheel PS Non FIR Case No. 793 of 1997 under section 145 of the Code of Criminal Procedure and directing the receiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party in that p......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....inter alia, that after liberation the appellant, a non-local, was in acute financial problem and demanded a sum of Taka 55,000.00 for business and on payment of the said sum the appellant delivered possession of the shop room to him and a lease agreement was executed fixing monthly rent at Taka ...... The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide......(2001) 63. ...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ...... Latifur Rahman J Md. Abdul Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh represented by Secretary, Ministry of Establishment &another........... Petitioners Vs. ......e National Board of Revenue passed the impugned order refusing to grant antedated seniority. NBR is the final higher administrative authority for the purpose of granting antedated seniority so the question of filling an appeal to higher administrative authority does not arise……&hel..Category: Administrative Law | Date: | Hits: 93
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... is also Reported in: 53 DLR (AD) (2001) 56. ......irs of the appellant No. 1 (Kha) of the appeal in the civil revision but that was not also allowed by the learned Single Judge nor the prayer for keeping them on record. 3. The question now is, whether the instant appeal should be allowed on the grounds taken in the leave pe..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....nbsp; The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) An abandoned property in possession of a person can only be included in the “Kha” list of abandoned buildings in......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ...... (2001) 55 ......pears that the Government petitioner did neither treat the disputed property as abandoned property nor took any step to take over possession of the same till publication of Gazette notification in question. Since no notice as contemplated under section 5(1)(b) of the said Ordinance was issued to..Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......sp; Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......e prosecution has been able to prove an offence under section 9(Ka) against the appellants and consequently, found them guilty under section 9(Ga) of the said Ain. 9. The only question remains to be decided is, whether the prosecution has been able to prove the ingredients o..Category: Criminal Law | Date: | Hits: 72
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....s contested the suit by filing joint written statement denying the material allegations and stating that they filed those two suits which ended in compromise. In the execution proceedings they got possession in the respective saham. On the basis of such possession MRR Khatian was prepared in the......Judge of the High Court Division in Civil Order No. 3504 of 1996 summarily rejecting the revisional application. 2. Plaintiff filed a suit for declaration of title of the suit land and also further declaration that sole decree dated 18-7-1934 passed in Title Suit No. 441 of......e Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Moyenuddin Torafdar ......ion which summarily rejected the Revisional application. 3. Learned Advocate for the petitioner submits that petitioner being minor at the time of execution of the solenama in question High Court Division acted illegally in not reversing the judgment and decree of the court ..Category: Property Law | Date: | Hits: 49
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
.... one Md. Ismail, a lessee in respect of the suit shop No. 49, and sought a declaration that she was entitled to continue as a lessee therein under the petitioner. She also prayed for recovery of khas possession of the suit shop. The petitioner contested the suit. But the trial Court decreed the suit......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......48.......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable to be impleaded and evicted to give ef......halilur Rahman continued to possess the property as the care-taker of the said defendants. Defendant Nos.3-11 having no right, title and interest on 15-1-1976 trespassed into a portion of the suit land appertaining to CS Plot No.686 and bhiti land on the eastern portion of the pond in CS Plot No...... The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable to b......sp; 6. Learned Advocate for the plaintiff- respondents submits that defendants having not specifically denied the plaint assertion of obtaining probate they are debarred from raising such question in view of the provisions of rule 5 of Order 8 of the Code of Civil Procedure. He further ..Category: Property Law | Date: | Hits: 64
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......d sworn an affidavit before the Notary Public. The truth or falsity of this document will be gone into at the trial. This affidavit cannot have any bearing at the present moment in considering the question of bail of the accused-respondent. Further, we also find that the accused-respondent was f..Category: Criminal Law | Date: | Hits: 68
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......p;…………(9 & 15) Cases Referred to- Barnard and others vs. National Dock Labour Board and another, 1953(1) All England Law Reports 1113; Vine vs. National Dock Labour Board,1956(3) All England Law Reports 939; Al......01) 38. ......its powers and functions under this Order.” 9. In the present case the order was passed by the acting Chief Election Commissioner alone and not by the Election Commission. The moot question is whether a member who was acting as Chief Election Commissioner can perform all or any o..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......Case is also Reported in: 53 DLR (AD) (2001)31. ......ement of retroactivity involved. Of course, the rules will not operate to deprive any person of promotions already earned in the past 19. Since in the present case there in no question of depriving the respondent Nos. 1 and 2 of their earned right of promotion, so the decisi..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....hat Zarina Khatoon constructed the building in the said plot and thereafter transferred the building to her children by an oral gift on 1.4-1969 with the permission of the Government mid delivered possession to the donees who were in continuous possession of the same building by mutating their n......g No. 55, Motijheel Commercial Area, Dhaka from the ‘Ka’ list of abandoned buildings. Their case, in short, is that their mother, late Zarina Khatoon, obtained lease of the said plot of land from the Government on 20-5-1963 and thereafter she orally gifted the same to them with the p...... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Governmen...... July 6, 2000. The Constitution of Bangladesh, 1972, Article 104 The government admitted the property in question not being abandoned property and that has been wrongly included in the ‘ka’ li..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ...... Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Miah Lutfi Hossain Kasru and others........................... examining the relevant file of the office of the Thana Nirbahi Officer Lalmohan, in the first writ petition found that population census of 1991 showed 39 increase of population per year and that question o variation of population taken in the other petition is disputed question of fact which ..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......6, 41, 47 DLR (AD) (1995) 167 ......ts it was found that the Head Examiner after sending his report and marksheet for the purpose of tabulation of result illegally added marks in English II paper script by interpolation in respect of question answer Nos. 5 and 7 by making "o" into "1" and "8" into '9'..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ...... Vs. Gopal Chandra Ghose..........................Respondent Judgment April 18th, 1995. Lawyers Involved: SR Pal, Senior Advocate instructed by Shamsul Haque Siddique, Advocate‑on‑ Record‑ For the Appellants. ......e observed in his judgment that it was admitted by both the parties that the‑ mother of the testator Shusila Bala Ghose was still alive and according to the Dayabhaga School of Hindu Law, the question of inheritance of the property of Dayal Chose by his brother does not arise so long as Sh..Category: Property Law | Date: | Hits: 67
....tra, 1350 BS and that since then they had been possessing the suit land in exercise of this right, title and interest therein; that while the plaintiff (mother of the appellant) had been in exclusive possession of the suit land defendant Nos. 1, 2 and 3 namely Dudu Mia, Suruj Ali and Teraban Bibi (t......etting aside the concurrent judgments and decrees of the courts below.
2. The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered ka......with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
..
Category: Property Law | Date: | Hits: 46
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