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Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....itioned in LA Case No. 71 of 1960‑61 under the provision of (Emergency) Requisition of Property Act, 1948 for construction of link road from Darus Salam to section 1, Mirpur, Dhaka. The petitioners claim that this land belongs to them and after requisition and acquisition a small portion of land w......mains unutilised by the requiring body………...(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. Civil Petition for Leave to Appeal No. 584 of 2000. (From the judgment and order dated 6‑3‑2000 passed by t......e Minister which was forwarded to the Deputy Commissioner, Dhaka for a report. The Deputy Commissioner submitted a report stating that the land in question could be released on return of compensation money paid to the owners. Since the land was not released even after the report the petitioners made..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... 2. In this Writ petition two of the petitioners (Nos.1 and 3) are professors of Dhaka University and the petitioner No.2 is President of Bangladesh Federal Union of Journalists. The petitioners claim that the matter raised in the petition involve breaches of constitutional obligations and stat......1. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahmud respondent No. 7 (Annexure-"F") and the ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
.... with the defendants created some papers in respect of the suit land. Then with such papers they got the land mutated in the names of the defendants in 1982-83 without any notice upon them. Now, they claim that the plaintiffs are their monthly tenants. After receipt of the above notice the plaintiff......……………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... of possession in respect of the suit land. The suit was eventually renumbered as Title Suit No.30 of 1986. Their case was that the suit land is a part of the Beel called “Doha Beel' plaintiffs claim that Jabbar Biswas and others were the CS recorded tenants of the said Beel. Sadaruddin Mondal...... Mainur Reza Chowdhury J.- This appeal has arisen out of leave granted by this Division in Civil Petition for Leave to Appeal No. 353 of 1995 against judgment passed by a Single Bench of the High Court Divi...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....9;8‑1991 by an exchange deed on the allegation that the said transfer was in fact a sale and not an exchange and it was alleged that the transaction was shown as exchange in order to defeat the claim of pre‑emption. 3. During the pendency of the said preemption proceeding, t......on of the pre‑emptee under Order VII rule II of the Code of Civil Procedure. 2. The late Alfazuddin Mollah, the predecessor of the present appellants as co sharers, filed the aforesaid miscellaneous case under section 96 of the State Acquisition and Tenancy Act, 1950 against ......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....money in constructing the building by the party a vested right accrued in its favour. RAJUK cannot cancel such sanction in an arbitrary manner without giving notice to that party on the grounds as claimed by it. ......cord‑ For the petitioners. Rafique‑ul‑Huq, Senior Advocate, instructed by, Mvi. Md Wahidullah, Advocate‑on‑Record‑For the Respondents. Civil Petition for Leave to Appeal No. 301 of 1999. (From the judgment and order dated 22‑91998 p...... The Building Construction Act, 1953 (II of 1952), Section 3 After two years from the date of sanction of the plan and investment of huge amount of money in constructing the building by the party a vested right accrued in its favour. RAJUK cannot..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....or the petitioner submits that the suit abated as a whole since no substitution was made on the death of sole plaintiff. The other point raised by the learned Advocate is that as the opposite parties claimed to have purchased the suit land during the pendency of the suit, the said transfer is hit by...... 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......enant has paid the rent within time under section 19 (Ka). Lawyers Involved: Md Nawab Ali, Advocate‑on‑Record‑For the PetitionerNot represented‑The Respondent. Civil Petition for Leave to Appeal No. 1001 of 1999. Judgment Mainur Reza Chowdhury J: The plaintiff resp......was a monthly tenant in the suit premises under the defendant‑petitioner. The petitioner having refused the rent he remitted the rent for the month from September, 1987 to June, 1989 through postal money order which was accepted by the petitioner. Thereafter, he sent the rent by postal money order..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. .....................Respondents Judgment February 13, 2002. Result: The appeals are allowed. The Excise and Salt Act, 1944 (I of 1944) Section 3(4) There being lawful basis for the impugned notification providing levy and assessment of duty on the basis of filling valves i......tain controls, is an autonomous body. It has to perform various statutory functions. It is often given power to decide when and in what manner the functions are to be performed. For all this it needs money and its need will vary from time to time with the prevailing exigencies. Its powers to collect..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... Mossamat Sabina Bibi with the accused appellant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant claimed dowry money of a sum of Taka 50,000 and also tortured the complainant. She paid the said sum......aban Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dhaka, in Nari‑o‑Shishu Mamla No. 154 of 2000 rejecting the prayer for bail of the accused appellant. 2. The prosecution case, in brief, is that the marriage of M......na Bibi with the accused appellant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant claimed dowry money of a sum of Taka 50,000 and also tortured the complainant. She paid the said sum of Taka 20,00..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....nt Hazrat Ali Khan and 3 others were put on trial before the Additional Sessions Judge, Netrokona to answer charge under sections 302/34 of the Penal Code, to which the accuses pleaded not guilty and claimed to be tried. At the trial, the prosecution examined as many as 15 witnesses and exhibit......etrokona in Sessions Case No. 224 of 1984, convicting accused-appellant Hazrat Khan @ Hazrat Ali Khan under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. Th......ua Police Station. During the tenure of the mortgage informant Syed Mozaharul Haque purchased the mortgaged land in the month of Chaitra, 1390 BS from mortgagee Moklesur Rahman, who paid the mortgage money to accused Maruf Khan. Consequently, accused Maruf Khan became a bargader under Moklesur Rahma..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....tly signed by the learned Additional Sessions Judge, Mr. AR Masud. The aforesaid charge was read over and explained to the condemned prisoner whereupon the (condemned prisoner) pleaded not guilty and claimed to be tried. 4. On the date of framing charge on 6-3-93 Advocate Md. Ismail, APP, was a......wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea of looking for a “Hukka” for the purpose of smoking tobacco and picked up a dao and struck dao blow......in-law from the house of his father-in-law on the date of occurrence. This witness also stated that she suspected that the condemned prisoner committed the crime as they protested against his sending money to the house of his father-in-law. This witness stated in cross-examination that the condemned..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated ......entered into an agreement. The agreement dated 8‑4‑1993 was executed and registered in the sub‑registrar's office Brahmanpara on the same day and an amount of Taka 50,000 as earnest money was paid to the defendants on the said date; it was stipulated that after collecting money wit..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....Judgment December 1, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 (i) An elected member of the parliament can not claim the right of being enlarged on bail on the ground of his membership in the parliament…......ground of his membership in the parliament………………….(9) (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session.&n......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....the petitioner made an application before the executing Court for return of the trucks after adjustment of the decretal dues out of the income of the trucks from the period 12-1-85 to 25-8-90. It was claimed in the application that on the showing of the Bank, the trucks were earning Taka 1000 daily ......n 115 of the Code of Civil Procedure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgage......ion upon the receiver for handing over the Blue Book and Road Permit. As the Bank could not get said papers, the truck could not be run. It is also the case of the Bank that the Bank did not earn any money out of trucks. 10. The application was heard on 11-8-94. Hearing the parties, the executi..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ...... is dismissed. Offences under the Prevention of Corruption Act, 1947 amounts to moral turpitude. Whenever a member of the Parliament is convicted of such an offence and sentenced to imprisonment for two years or more he incurs disqualification under Article 66 and shall vacate his seat automati......h has been upheld by the Appellate Division. The petitioner lost his seat in the parliament as he has incurred disqualification as provided under Article 66 of the Constitution. Embezzlement of State money by a person who was the President of the country and using the same for his personal benefit o..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
.... very outset submits that the suit property belonged to the Government and CS and SA Khatian have been correctly prepared but the plaintiff is illegally possessing the same. The present petitioner is claiming only Plot No.33 which is admittedly in possession of the plaintiff. Case of the Government ......ondent Judgment August 9, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the tit...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....nt No. 1 disclosed that by alleged lease and the decree he has acquired interest in the land described in the Schedules 1(a) and 2(a) and thereupon he made enquiry to ascertain the correctness of the claim of the defendant No. 1 and got the trace of a fraudulent Rent Suit No. 732 of 1954, said to ha......ve mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his suit for mere declaration of title was not maintainable………………&h......ally, filed a compromise petition therein and the suit was decreed on the basis of the compromise petition, that defendant No. 1’s mother purchased one-third land of the Schedule 2 with her own money for her own interest and also for his interest, that the plaintiff and his 2 brothers Emdad Mi..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
.... interest of the respondent Nos. 2(a) to 2(e) could not get benefit under the said provision inasmuch as the respondent No. 2 (since deceased) having served the grievance petition on 2-7‑1993 claiming the benefit from the date of appointment since 1962, which claim is hopelessly barred by l...... July 4, 2001. The Payment of Wages Act, 1936 (IV of 1936), Section 15 An application under section 25(1)(b) may be treated as an application under the Payment of Wages Act, 1936 for realisation of the benefits consequent upon retirement of the deceased worker, in favour of the......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......ite Party ‑State. Criminal Miscellaneous Case No. 2860 of 1999. Judgment Namun Ara Sultana J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Case No. 207C of 1997 (Kotwali) under section 138 of Negotiable Instr...... the constituted attorney of one Abdul Motaleb. The accused petitioner made a contract to sell some land to Abdul Motaleb at a consideration of Taka 3,50,000 and Abdul Motaleb paid that consideration money in advance to the accused petitioner. But subsequently, Abdul Motaleb came to know that the ac..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
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