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Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
.... in schedule ‘Ka’ to the plaint which originally belonged to Kunja Lal Shaha. The plaintiff contends that Kunja Lal died leaving surviving three sons Ranajit, Sunil and Benoy, that Benoy being in possession of the disputed structure leased out the same to him at a monthly rental of Taka 300.00 a......endant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plain......nesses not bona fide or it is an abuse of process of the Court, it will not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For Petitioner. Not represented—The Re......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
.... The trial court found that the place, time, manner of entering into any oral agreement, settlement of consideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been proved. When the trial court gave cogent reasons of its decision, it was ob......t the instance of the plaintiffs. It arises out of a suit, being Title Suit No. 125 of 1981, for specific performance of a contract for sale. 2. The subject matter of the suit is a parcel of land measuring .49 acre owned by defendant No. 1. Jonab Ali who has his homestead thereon. The plain...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....original owners. But respondent No. 1 by the impugned letter refused to release the land of the petitioners. 3. The common case of respondent Nos. 2-4 is that in pursuance of LA Case No. 138/62-63 possession had already been taken of the entire requisitioned land including the disputed land of th...... policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petitioner who is seeking for return of the unutilized acquired land from the Government. The CDA with the approval of the Government prepared plots and distributed......997 BLD (AD) 321. ......only 10% remains to be paid. The Ministry of Land has never issued any order for release of the land of the petitioners. Consequently, the petitioners cannot lawfully claim for release of the land in question. 4. Mr. Abdur Razzaq, learned Advocate appearing for the petitioners submits, first, tha..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and ......udgment and Order dated 19-12-96 passed by the High Court Division (Vacation Bench) in Civil Revision No.4000 of 1996). Judgment Mustafa Kamal J.- In both these two appeals by leave a common question of first impression and of considerable public importance is involved. Leave has been commo..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
.... The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exclusive possession of a specific and separate share of the suit plot well demarcated by boundaries so as to ......absolute, set aside decrees of the courts below and dismissed the suit. 2. The revision case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07 acres. The learned Munsif , First Court, Chandpur decree......Judgment January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exclusive possession of a specific and separate share of the suit plo......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: The appeal is dismissed. Dismissal From Service Only the appointing authority is authorised in terms of rule 4(6) of the Rules of 1985 to pass the order of dismi......s served upon the respondent on 11-12-89 and then he was ultimately dismissed by the Director General of the Academy by order dated 25-1-90 as referred to above. This order of dismissal was called in question by the respondent by filing the aforesaid writ petition. 3. Several points were raised ..Category: Employment/Service Law | Date: | Hits: 145
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
.... 0090 Ajutangsha land but the claim of the defendants was that they purchased 94 Ajutangsha. In the earlier Suit defendants claimed entire CS plot No. 371 and they mutated their names and they are in possession all through. And in that suit the trial Court as well as the appellate Court on considera......000. Result: The petiton is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 11, 151 & Order VII rule 11 When the plaintiffs failed to get their title in the suit land declared upto the Appellate Division in their earlier suit they cannot be allowed to proceed wi......e is also Reported in: 53 DLR (AD) (2001) 12. ......vourable decree. 6. Dr. Kamal Hossain further submits that the plea of res judicata ought to have been agitated and decided at the time of trial on taking evidence which is not connected with the question of rejection of plaint under Order VII rule 11 of the Code of Civil Procedure. 7. In th..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......t: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 109 The Code of Civil Procedure, 1908 (V of 1908), Section 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not ......endant-petitioners is against the judgment and order dated 15-6-1998 passed by a Division Bench of the High Court Division in Civil Revision No. 2038 of 1994 discharging the Rule. 2. The material question that was for considering before the High Court Division was, whether a revision or writ pet..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....ted upon and not binding upon the plaintiffs on the averments, inter-alia, that the plaintiff purchased the land in suit by registered deeds dated 24-6-58 and 21- 12-59 and since that date she was in possession thereof by constructing a semi pucca construction and that the plaintiff was a disciple o...... deeds and for declaration that those were obtained by fraudulent means and that were not acted upon and not binding upon the plaintiffs on the averments, inter-alia, that the plaintiff purchased the land in suit by registered deeds dated 24-6-58 and 21- 12-59 and since that date she was in possessi....... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......er stated that she never went to the District Registrars Office for executing and registering the sale deeds and that she did not sale the land and that she never executed and registered the deeds in question. 3. The defendants contested the suit by filing a joint written statement stating, inte..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......is judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ording the statement under section 161 of the Code PW 12 declined to give any details of the occurrence for fear of his life, although he deposed everything in detail before the court of law. Now the question is, whether such a witness should be believed or not? A statement under section 161 of the ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....ssor of plaintiff Nos. 4 -9 became owners of 12 annas share and odd share of the suit land. Modaris Ali died leaving the defendants who have 2 annas share and odd shares. The plaintiffs are in ejmali possession of the suit land with the defendants and have been enjoying the usufructs of the suit lan......ion in 2nd appeal No. 143 of 1969 allowing the appeal. 2. Short facts are that Sajjad Ali and others had 8 annas share and Sharafat Ali and others had remaining 8 annas share in the suit land. Sajjad Ali and others sold their shares to Abdur Razzak, plaintiff No. 1 and Abdul Jalil plain......nbsp; Accordingly, the appeal is dismissed with costs. Ed. ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......n-charge, Pabna Police Station at about 110.30 A. M alleging inter alia, that at about 10 O'clock on the same day a goat belonging to his uncle Akbar Ali Khan was eating Khesari crops in the land of Jashim Mallik, Akbar Ali's son Azam went to the Khesari field and was bringing back the ......of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 94
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......anelled for consideration of promotion to the post of General Manager. Furthermore, it is after preparation of third list the appellant has mover this Court. 22. In Halsbury's Laws of England, Third Edition, Volume 14, page 637 the word 'waiver' has been explained as under :- ......out an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......uld not be posted within the time fixed but were given chance by the Minister and promoted, shall debars him for not resting on his right at the appropriate time. Essentially, therefore, it will be a question of proper inference from the facts proved in each particular case as to whether the plea of..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......to whether in view of the decision of this Division that interest in a monthly tenancy is heritable and the fact that the ex parte decree obtained in O.C. Suit No. 29 of 1972 has no direct bearing on landlord-tenancy relationship, the High Court Division erred in law in not holding that the Misc. Ca......eal. Accordingly, it is dismissed with costs. Ed. ...... who were petitioners before the High Court Division did not controvert such statements of said Yunus Talukder. It appears that those facts were lost sight of in the High Court Division, and the question of substitution of all the heirs of deceased Dr. Ismail was unnecessarily taken up for cons..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....k. 3,53,335/- by letter dated 24th April, 1986. Accordingly the Company deposited the entire money and a registered deed of lease dated 19.06.1986 was executed between the parties. The appellant took possession of the land and started the construction of the proposed 5-Star Hotel. During the progres...... Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to the appellant company by l......t Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ...... as yet. The further contention is that as no deed of lease was executed between the parties, appellant has no locus standi to challenge the order of cancellation of the allotment of the plot in question. 4. Leave was granted to consider the submission that the High Court Division having..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
.... affirming those dated 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating......laintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that the suit land comprising of Schedule 1 and 2 recorded in C.S. Khatian No.2 and 2A originally belonged to on......ly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ...... arose by way of a leave to appeal. 4. Leave was granted to consider the submission made by Moulvi Md. Wahidullah that both the trial Court and the lower appellate Court correctly considered the question of adverse possession on the basis of the evidence that was led by the respective parties i..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....e. The plaintiff stated in the plaint that its allottee 7 R.E. Battalion left the suit land 5/6 years before filing of the plaint but it has not been stated how the plaintiff has been controlling the possession of the suit property after its allottee vacated the same. The plaintiff has not stated an......ssed the question of possession at all. 3. The lower appellate court in fact discussed this issue. The plaintiff stated in the plaint that its allottee 7 R.E. Battalion left the suit land 5/6 years before filing of the plaint but it has not been stated how the plaintiff has been con......Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respon......ned Advocate for the petitioner, submits that the High Court Division has not considered that fact that this being a suit for permanent injunction the lower appellate court has not discussed the question of possession at all. 3. The lower appellate court in fact discussed this ..Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....aintiff in Civil Petition for Leave to Appeal No. 836 of 1998 instituted Title Suit No. 222 of 1992 in the Court of Senior Assistant Judge, Chandpur for declaration of title and recovery of khas possession against the respondents on the allegations interalia that he is the owner of the sui......suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and recovery of khas possession on the self same ground of ownership. 3. The area of suit land is ½ decimal of land with a shop on the same and both the parties claim ownership o......r passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
.... of right, title and interest. On Magh 25, 1389 B.S. the defendants disclosed that the R.S. Khatian of 'Kha' schedule property was prepared in the name of their father and they wanted to take possession of the land. Accordingly the plaintiff was constrained to file the present suit. 3......he Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy ......t conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......suit property by excavating a pond in the suit land. From the C.S. Khatian No. 422, it is clear that Plot No. 442 was recorded as pond in the finally published C.S. Khatian. 15. Therefore, the question of excavating pond by the defendant after their purchase by unregistered deed (in..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......t to prove his case". 3. Facts of the case, briefly, are that the respondent as pre-emptor instituted a Miscellaneous Case No. 7 of 1992 for preemption of the case land under Section 96 of the State Acquisition and Tenancy Act as contiguous land owner by inheritan......ide the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ...... pre-emptor-respondent preferred Civil Revision No. 372 of 1998 before the High Court Division and the Rule obtained was made absolute by remanding the case to the appellate court for scrutiny of the question of defect of party. 6. Mr. T.H. Khan the learned Counsel appearing for the appellant..Category: Property Law | Date: | Hits: 56
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