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Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......and has been residing in London for the last 24 years in connection with his business where he owns and runs a restaurant. The petitioner entered into an agreement on 28-2-81 for the purchase of some lands and structures situated at Sylhet which was being used as Sylhet Government Pilot High School ..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....tter which I feel should not be al­lowed to go un-noticed. 4. The government file, no VI-9/75 on the subject "Resumption of Neerala Tea Estate belonging to Mr. Hamidul Huq Chowdhury and settlement with Management Board under the Prime Minister Secretariat," it appears, was initiat......rden in question and that is was taken over by the government illegally and without any lawful authority whereas the gov­ernment tried to make out a case in their affidavit-in-opposition that the land was resumed in terms of the less for the failure of the petitioners to fulfill their part of th..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....in matters which I feel should not be allowed to go un-noticed. 3. The Government File No.VI/9/75 on the subject "Resumption of Neerals Tea Estate belonging to Mr. Hamidul Huq Chowdhury and settlement with Management Board under the Prime Minister's Secretariat" it appears, was in......ea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition that the land was resumed in terms of the lease for the failure of the petitioners to fulfill their part of t..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......hi the plaintiff as grand-son of Gour Majhi and defendant No. 2 Jagadish as his son became the heirs of Gour Majhi in equal shares. The plaintiff and the defendant No. 1 have been possessing the suit land, jointly as co-sharers but due to some difficulties the plaintiff requested the defendant No.1 ..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....for pre­emption are affirmed. In the facts and circum­stances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89.   ......transfer by pre-emption under section 96 of the State Acquisition and Tenancy Act could be made or in other words whether the pre-emptor-petitioners were the person to whom transfer of the pre-empted land can be made, under section, section 90 of the Act. The learned Subordinate Judge has also taken..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......r by pre-emption under section 96 of the State Ac­quisition and Tenancy Act could be made or, in other words, whether the pre-emptor peti­tioners were the persons to whom transfer of the pre-empted land can be made under section 90 of the Act. The learned Subordinate Judge has also taken exception..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... and as such he was not entitled to retain his possession. 3. Defendant No. 1 contested the suit and asserted, inter alia, that he got a non-agricultural tenancy in the holding by taking an oral settlement from Chunnu Bepari in Agrahayan, 1353 B. S. and he erected tin huts there and got, his na......12th day of June, 1963 in Title Suit No.18 of 1961. Judgment M.H. Rahman J.— Plaintiff-respondent filed a suit for declaration of title and for recovery of khas possession of the suit land after evicting the defendants therefrom. 2. Admitted case of the parties is that the suit-..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51         ......ash; This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ......suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Office purported to have been executed by the plaintiff on 17.4.70 with respect to 1.25 acres of land was fraudulent and a collusive document. 2. Defendant No.1 contested the suit by filing a ..

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106.   ......gned by the mother for herself and for her minor daughter Chilia Randolph and the defendant 3 the step-son of defendant 1 signed the contract on his own behalf. This contract contained schedule of land to be sold and recital of payment of Tk. 2.000/- and the signatures of defendant 1 and 3 and t..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488   ......pressed require no revision, except that it should be construed the way I have tried to explain. 15. It would not be out of place to mention some decisions from the sub-continent, America and England to see how far an Order of a military Court has been interfered with in those jurisdictions. ..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ......nd 135 of 1980, 65 & 96 of 1980, 155 of 1980. Judgment Mustafa Kamal J.—These eighteen Rules under Article 102 of the Constitution were obtained by persons owning various plots of land in Mouza Ramchaadrapur under P.S. Mohammadpur, district Dacca, challenging requisition notices ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....1.7.80 was done without lawful authority. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ......d by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On th..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......p;of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellants. Facts are that accused Amatun Nessa (acquitted since then) inherited 283/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......Judgment M.H. Rahman J. — This appeal by the defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B. S. on condition of ..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

....haser in that case invoked the terms of the performance guarantee and demanded encashment. The supplier in terms of an agreement as embodied in the contract referred the dispute to the arbitrator for settlement and thereafter filed a suit for restraining the purchaser and the Bank from encashing the...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ...... section62 "shall not apply" to this case. 2. Appellant filed Title Suit No.11 of 1960 in the 2nd Court of Subordinate Judge, Sylhet against the respondents claiming that the suit land originally belonged to one Prohllad Chandra Sen who, sold it by a registered Kabala dated June ..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......he Port and the territorial waters of Bangladesh without obtaining the necessary Customs Clearance as required under the law. Undoubtedly, this is a clear case of flagrant violation of the law of the land by the foreigntrawler in question and the Customs Authorities in their affidavit nowhere disclo..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......arties that the Government had direc­ted by notification that the levy of Munici­pal Tax and Urban Immoveable Tax should not exceed overall ceiling of 17% on annual value of the buildings and lands. Controversy arose whether this 17% excludes or includes the rates on account of conser­va..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

....eging, inter alia, that he along with his uncle Hafizur Rahman and cousin Mujibur Rahman have been jointly carrying the business of Jal Mahal. Tongir Haor under Derai police station was taken on Bhag settlement from Bhati Beel Motshajibi Samaboy Samity for the years 1385 and 1386 B.S. by them. They ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1