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Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....n payment of Taka 35,000.00 per acre, the total amount being Taka 4,20,000.00. Accordingly the plaintiffs deposited the entire amount through separate bank drafts. This was followed by delivery of possession by the Railway authorities to the plaintiffs who raised a portion of the said land with ......espondent Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract wi......nt Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with resp......with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the Unnayan Parishad faced difficulties in implementing the project. The plaintiffs sent..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....las dated 31-10-81 and 14-2-81 by which 1.05 and 4.55 acres of land were transferred respectively to defendant Nos. 45 and 46-47(appellants) on receipt of consideration and they further admitted that possession of the said land was transferred to the appellants. Since the appellants were not given a......sion. 2. Material facts necessary for disposal of this appeal are that respondent No. 1 as plaintiff filed the aforesaid suit for a declaration of title and partition in respect of 0.80 acres of land as mentioned in the schedule to the plaint. The appellants as defendant Nos. 45-47 also prayed ......uf J Bimalendu Bikash Roy Chowdhury J Sunil Chandra Mondal and others……………………………………….. Appellants Vs. Narayan Chandra Shil & others ………….. Plaintiff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The ......eal, by leave, defendant Nos. 45-47 in a partition suit being Suit No. 74 of 1979 of the Title Suit No. 40 1983. Court of Assistants Judge, Nazirpur (then Upazila), District Pirojpur raises the short question whether the amendment of the plaint was rightly allowed by the trial Court in the facts and..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......gment Mustafa Kamal J.- The Administrator of Waqfs applied to the Deputy Commissioner Barisal 27-8-89 under section 64(1) of the Waqfs Ordinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judg......¦â€¦â€¦.. Petitioner Vs. Abdus Sobhan Talukder and others ………………………..Respondent Judgment October 29, 1996. Result: The petition is dismissed. The Waqfs Ordinance, 1962 (I of 1962), Section 64 Remedy of an appeal to the District Judge under section 64(......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ..Category: Property Law | Date: | Hits: 91
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....1396 to 1398 BS The petitioner thereupon filed an application before respondent No. 2 the Additional Deputy Commissioner (Revenue), Habiganj for cancellation of the lease asserting his title to and possession in the fishery. Respondent No. 2 found that compensation assessment roll in respect of t......f Mouza Athukura within police station Baniachang of Habiganj district. The petitioner’s father and 13 others took settlement of the said fishery from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak, Sylhet. On the death of his father the petitioner became an owner thereof a......pondents Judgment August 27, 1996. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published fo......to and possession in the fishery. Respondent No. 2 found that compensation assessment roll in respect of the concerned village was finally published on 3 March 1962 and accordingly, the fishery in question had vested in the Government under the provision of the said Act. He therefore rejected th..Category: Property Law | Date: | Hits: 90
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......lendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Publication Ltd. represented by Mainul Hosein Executive Director 1 and others ……….. Respondents
Judgment
June 30, 1998........ It is not fair to blame the High Court Division of non consideration of the said provision or any provision without making any submission before it on the basis thereof. However, the sub-section in question lays down a rule of evidence which can be invoked subject to proof of minutes of the procee..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......but on liquid cash, but it is a rule of law, which has been designated as a “legal axiom”, that “no pecuniary burden can be imposed upon the subjects of this country (meaning England), by whatever name it may be called, whether tax, rate, or toll, except upon clear and distin...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another……………………...Responde......to run on illegal collections as well. Lest what appears to be illegal on first impression turns out to be legal after all, a Bank Guarantee is a sufficient protection to a taxing authority’s questionable demand…………………[21 (9)] Writ-pet..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ...... Hossain added with taking away of old and ailing Sabirul Hossain Chowdhury by him for treatment on 4-10-80 and subsequent registration of the partition deed on 7-10-80 containing the very same land alleged to have been gifted under the disputed deeds in the saham of Sabirul Hossain Chowdhur......isposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....inal owner of plot No. 3771 was Abed Pradhan who died leaving behind 5 sons and 2 daughters. The informant and his brother claimed inheritance through the two daughters of Abed Pradhan, They had no possession in the disputed land. They obtained an ex parte decree in a partition suit against whic...... prosecution case is on 31-5-87 at about 7-00 AM the informant PW 1 Badshah Miah along with deceased Kadem All, his brother PW 12 Saheb Miah and others went to cut jute plants in the decretal land of PW 1 being plot No.31 to the south-west of his house. At this time the accused-petitioner ......nce. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....eda Khatun her husband Syed Sulaiman Ashraf inherited the house as her only heir. Having failed to have it released, he brought a suit for declaration of his title thereto and for recovery of khas possession therein. The suit was dismissed. He then took an appeal to the High Court Division which......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......ompleted all the formalities for mutation as required under section 73 of the Cantonment Act under the circumstance the Cantonment Board is under an obligation to mutate name of the writ petitioner in the records of the Cantonment Board………………(4) ...... Nahar challenged the order of the said Board in Writ Petition No.3951 of 1992 as being without any lawful authority. She also prayed for a direction mutation of her name in respect of the house in question. A Division Bench of the High Division allowed the writ petition by judgment order dated 1..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......e manner alleged by the prosecution, deceased Hyder Ali was a dacoit and he might have been killed by some unknown enemies while committing dacoity on Dhaka-Aricha Road near a place called Company land. He was taken to the near-by house of Feroz in an injured condition and given first aid. There...... if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......rence. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......) Once the Special Bench of the High Court Division has applied its mind in terms of section 99D of the Code of Criminal Procedure by going through the offending books there is no relevance of the question that grounds of forfeiture of the books are not covered by the requirements of section 99A ..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ...... Vs. Md. Hasan Bali & another……………...Respondents Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 78 is a pre-cond......nstituting a suit against the Union Parishad is not excluded, It has been held by the Court below that the Union Parishad was not prejudiced as it contested the plaintiff’s suit. It is not a question of prejudice but one of fulfilling a condition prescribed by law before is filing a suit a..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... providing his sons in business. By serving notice by registered post under section 106 of the Transfer of Property Act on August 14, 1986, he terminated the tenancy and asked the tenant to hand over possession of the shop room but the tenant did not vacate the said shop room. Hence the suit. ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment Ma...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......hellip;………………………Respondents Judgment December 11th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner (In CP No. 606 of 1997).&...... have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which the impug..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his possession to the landlord. The petitioner was a tenant under the respondents to whom he paid rents......t the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his possession to the landlord. The petitioner was a tenant under the respondents to whom he paid rents upto December, 1...... Judgment July 7, 1996. The Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-s......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
.... man with a walkie-talkie had brought them there, Mr. Rokanuddin Mahmood submits that there are discrepancies in the evidence of PWs as to whether the two foreigner-appellants immediately admitted possession of gold or not, but even assuming that they initially said no it is clearly borne out fr......m Singapore by Flight No.BGO81 of Bangladesh Biman with a huge quantity of gold. Accordingly, PW 1 along with another Customs intelligence Officer PW 2 Abdur Rahim went to Bay No.2 where the plane landed at 0048 hours on 17.7-90. They found Major (Retd) Ashrafuddin Sekander, Airport Manager, app......e is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... and circumstances of the case proper discretion has been exercised in the matter of awarding sentence to the two foreigner-appellants Berhard Rudigar and David Anthony Chalmer Chalker, keeping the question of sentence open for accused-appellant Major (Retd) Ashrafuddin Sekander as the question o..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......for review of the judgment and order dated 1 November 1993 allowing Civil Appeal No. 20 of 1993. 2. The petitioners filed Writ Petition No. 343 of 1987 challenging the acquisition of 2068 acres of land appertaining to CS Plot Nos. 29 and 30 of Khatian Nos. 4512 and 4514 respectively situated to t......ed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......ment of compensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetment under section 12 of the Ordinance is irrelevant. Lawyers Involved: SR ..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chalna Marine Products Ltd…………………………&hel......the damage to be 55% of the total stock to which the appellant disagreed and the appellant’s note of dissent was recorded in the minute and the surveyors suggested that final decision on this question would be taken after a discussion between the insurer, the insured and the surveyors. But ..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....laint of Title Suit No. 308 of 1994. 2. Respondent No.1 brought the said suit against several defendants praying for declaration of tile to certain land and also for recovery of khas possession therein. 3. Some of the defendants who are the petitioners here took a pl...... defendants for rejection of the plaint of Title Suit No. 308 of 1994. 2. Respondent No.1 brought the said suit against several defendants praying for declaration of tile to certain land and also for recovery of khas possession therein. 3. Some of the defendants who......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petitioners Vs. Habibur Rah...... others ……………...Respondents Judgment May 15, 1996. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and ..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ...... Khatian No. 185, whereas the respondents were co-sharers by purchase in that holding. Hence, it was rightly held that the pre-emptor had no locus standi to file the pre-emption case in respect of land of SA Khatin No.185. In both khatians plot No. 991 is a common plot, but pre-emptor being not ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Fatema Bibi……………………&hell......n plot, but pre-emptor being not a co-sharer in SA Khatian No. 185 it was rightly held by the learned Single Judge of the High Court Division that the application was not maintainable. The land in question being non-agricultural in nature application under section 96 of State Acquisition and Ten..Category: Property Law | Date: | Hits: 51
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