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Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......1 DLR (AD) (1999) 96, 18 BLD (AD) 144....... whether the learned Judges of the High Court Division correctly appreciated the decisions cited at the Bar and upheld the order of temporary injunction on untenable grounds. 7. The only material question for consideration in this appeal is, whether an order of temporary injunction can be grante..Category: Business or Commercial Law | Date: | Hits: 124
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....6/65-66. The owner made a representation against it and the Government de-requisitioned 1½ decimals thereof. The residue of the land under requisition thus turned out to be 4½ decimals thereof. The possession of the land was handed over to the appellant on 7 December 1965. Eventually, the land was......way of leave arises out of the judgment and order dated 11 November 1991 passed by a Division Bench of the High Court Division in Writ Petition No. 498 of 1987 discharging the Rule. 2. A strip of land measuring 6 decimals comprised within plot Nos. 2260, 2261, 2262 and part of 2263 of Mouza Brah...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment Octobe...... and considering the recommendation of the Deputy Land Reforms Commissioner of that Ministry and after obtaining the legal opinion of the Ministry of Law and Justice, had decided that the property in question was not lawfully requisitioned/acquired and, as such, the property was withdrawn from acqui..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....ion (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (i......tiff are his benamda in respect of schedule 1 and 2 properties. 2. The plaintiff instituted the suit stating, inter alia, that he had purchased and taken settlement of a part of schedule 1 land in the benami of his elder son defendant No.1 with his own money for his own benefit and inter...... Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner V......andra Dey ……………….. Respondent Judgment August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consider..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......sh Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. Bay Trawling Limited and others…………………….. Respondents......nd others…………………….. Respondents Judgment January 28, 1997. The Evidence Act, 1872 (I of 1872) Section 115 The question of promissory estoppel may not arise in this case but in view of the fact that the project..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....having lost in all the courts below has preferred this civil petition for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred th......on for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra ...... Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment February 20, 1997. The Evidence Act, 1872 (I of 1872......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
.... CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof which has been concurrently decreed by the Courts below. A Single Judge of the ......impugned judgment. 2. Material facts of the case are that the plaintiff claims title to the suit property through one Jatindra Mohan Basak with whom he had an agreement for sale of the suit land dated 16-3-1950. He has been in possession of the suit land since then. The suit land was pur...... ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......ifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respondents Judgment ......lass, Dhaka by Judgment and order dated 4-7-88 found that the prosecution failed to prove the case beyond reasonable doubt against the defendant-appellant and its second master for the accident in question, the said Judgment will not have any bearing in the present case. The learned Admiralty Ju..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......; February 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 31 It is not proper that the question of sentence should be considered once in the High Court Division and again in the Appellat..Category: Criminal Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... Annexure-F was not issued by the Board independently but in pursuance of a direction from the Government. 18. Any administration, be it the Government or the Board, does not float in an island and is not divorced from reality. It may receive information, complaints, grievances or report......p; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection......Division that Annexure-F was not passed independently by the Board. 19. As already noticed a major part of the petitioner’s argument before the High Court Division centered round the question of the competence of respondent No.1 to continue to act as the Principal of the institutio..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ctual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circumstance order VI rule 7 of the CPC will not come into operation…&......sp; Bimalendu Bikash Roy Choudhury J.- The plaintiff is the appellant. His suit, Title Suit No. 84 of 1980, for declaration of title to the suit land was dismissed by the learned Subordinate Judge, Second Additional Court, Sylhet. On appeal, Ti...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respo......ert to the findings and the reasonings of the appellate court for holding its views as above. 7. Being aggrieved the plaintiff had preferred this appeal. Leave was granted on the following questions: (i) whether the High Court Division misconceived both facts and law in hol..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....ppeal No. 1028 of 1966). Judgment Mustafa Kamal J.- The plaintiff-respondents’ Title Suit No. 439 of 1963 for declaration of title, confirmation of possession and other consequential reliefs was decreed by the 3rd Court of Munsif, Narail by judgme...... of the High Court Division by judgment and order dated 29-5-97 set aside the appellate judgment, decree, and restored those of the trial Court. 2. The plaintiff claimed pattan of the suit land from the Estate of the Zamindars in 1331 BS. The plaintiffs’ father possessed the suit l......lip;…………… Respondents Judgment March 18, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division has interfered with the finding of fact by the last court of fact and such interference is based on det......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Oil, Gas and Mineral Cooperation (Petro Bangla)...…Petitioner &nb......y the Arbitrators nor there having been any claim made for interest by the lessor-respondent either before the Arbitrators or the Subordinate Judge, that we were about to grant leave to examine the question of interest and to correct that part of the impugned judgment and order relating to inter..Category: Alternative Dispute Resolution | Date: | Hits: 249
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....ated 21 July 1964, set aside the order of requisition. He found that the notice served upon the said Society was invalid on account of the fact that “the Society was asked to make delivery of possession of the lands on 3-3-64 whereas the order of requisition was signed by the authorized of......Bhu Ma. D.A/35/81/123 Acqn. dated 28 February 1988 (Annexure-D) was declared to have been made without any lawful authority. 2. The genesis of the impugned order is briefly as follows: The lands involved in all the writ petitions belonged to one Shah Sufi Emaduddin Ahmed Chisty. The Depu...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. ......maduddin Ahmed Chisty made several petitions to the Ministry of Lands for de-requisition of his lands without success. There was also a civil suit, Title Suit No. 156 of 1966 regarding the lands in question which went upto the Appellate Division and disposed of in February 1977 settling the titl..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....got an approved plan in their own names on 20-5-77 for construction of a building thereon and a building was constructed on the said plot between 1978 to 1980. The respondents have always been- in possession of the said plot and building through tenants or in, person and they have been paying G......e Syed Mozaffar Hossain who originally hailed from Jessore and was a practicing Advocate of the Supreme Court of Bangladesh till his death on the 5th June, 1989. He took a lease of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdha......J Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners ......er of Works on 31-1-93 praying for exclusion of the property from the “Kha” list but to no avail. They contended that no notice for surrendering or taking possession of the property in question as abandoned property was ever issued under section 7 of the Abandoned Buildings (Suppleme..Category: Property Law | Date: | Hits: 56
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....hellip;…………..Respondent Judgment March 19, 1998. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 7 When plaintiff obtained possession five years before and after having enjoyed possession thereof for such period, it will b......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......lendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Industries and another……………..Respondent Judgment......fique-ul Huq, learned Counsel for the plaintiff-petitioners, submits that the High Court Division has given an erroneous interpretation of Order 39 rule 7 CPC. 7. Without entering into the question as to whether the interpretation given by the High court, Division on Order 39 rule 7 CPC ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession thereof. Such a decree is ...... described himself as the writ petitioner. It is alleged in the writ petition that late Afaq Ahmed Khan, a migrant from India and a Government servant of the then East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. He constructed a house therei......………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution......dgment and order passed by a Division Bench of the High Court Division on 15-7-93 in Writ Petition No.204 of 1989 making the Rule Nisi absolute and declaring thereby enlistment of the Buildings in question in the ‘Ka’ list, at serial Nos. 23 and 24 of the Gazette Notification dated 2..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......sp; May 21, 1998. The Customs Act , 1965 (IV of 1969) Section 19 Subsequent notifications enhancing the tariff rate shall not apply to the imports on which tariff value has been determined at the......ed of by a common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were imported by different importer-appellants yet the question of law involved in all these appeals being common they are being disposed of together in o..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....vely in writ-petition, communicated to him under the signature of respondent No. 4, the Senior Marketing Officer of BFDC. By Annexure ‘F’ the petitioner was directed to hand over vacant possession of the aforesaid fish selling stalls on July 1st 1990, on the ground that he did not re...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......Government and that lessee can revoke the licence of the licensee at any time…………………(7) Lawyers Involved Abdul Wahab, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not repres......aiming himself as a lessee under the Bangladesh Fisheries Development Corporation, briefly BFDC, in respect of the fish selling stalls at 244/245. Mirpur Shah Ali Government Market, Dhaka called in question in the said writ petition the propriety of the orders dated 20-6-90 and 6 Annexures &lsqu..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......ismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......der of the Board of Investment to allow exempted rate for releasing the disputed machinery the National Board of Revenue shall implement the same and the respondent should get the benefit of SRO in question…………..(13) Lawyers Involved: AW Bhuiyan Ad..Category: Business or Commercial Law | Date: | Hits: 112
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....er VII, rule 1(c) The plaintiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the ......espondents Judgment October 29, 1997. The Code of Civil Procedure, 1908 (V of 1908) Order VII, rule 1(c) The plaintiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and his labourers to plough the land and there being positive threat ......nbsp; Saitan Bibi and others………………. Plaintiff-Appellants ......disbelieved the deposition of defendants’ witness without giving any valid and cogent reasons. The learned Single Judge also found that the finding of the lower appellate Court with regard to question of partial surrender is also not legally tenable. The learned Single Judge found that the ..Category: Property Law | Date: | Hits: 52
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