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Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....le value of the suit land was settled at Taka 14,100 and it was also settled that the plaintiff would pay Taka 13,800 to the defendant No.1 within 5 days and accordingly, the defendant No.1 delivered possession of the suit land in favour the plaintiff. Pursuant to that decision the plaintiff paid Ta......ndant No.1 proposed to sell the suit property to the plaintiff and the plaintiff agreed to the proposal. Thereafter, on the 16th Magh 1402, BS. in presence of the witnesses the sale value of the suit land was settled at Taka 14,100 and it was also settled that the plaintiff would pay Taka 13,800 to ....... Ed. This Case is also Reported in: 57 DLR (2005) 574. ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ...... order complained of are set aside. Ed. ......(In both the cases) Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be decided in a..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....quently the case land was sold to Golam Hossain and his brother by registered deed No.3652 dated 28‑11‑1981. He identified his signature in the deed marked Exhibit 3 and he deposed supporting the possession of Golam Hossain and his brother. 18. P.W.10 Habibur Rahman in this respect deposed ......ault to suffer imprisonment for one month. 2. The prosecution case, in short, is t hat on 17‑3-1983 at about 8‑00 AM when the informant Md. Golam Hossain were cutting, IRRI paddy in the land mentioned in the schedule to the complaint of the informant then the accused persons being arme...... out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......f our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......the names of two persons in the column of charge-sheeted witnesses upon misconception of law that unless name appears in the charge-sheet as witness he cannot be called as witness. Be that as it may, question of further investigation of the case for including names of two witnesses as charge-sheet w..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....has been mentioned that when there is no dispute a government servant is entitled to get pension and that in the instant case there is no dispute except that the writ petitioner did not hand over the possession of the Government accommodation on his retirement and there would be no bar in payment of......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ervice to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......e invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......etition No.49 of 2005. Judgment Md. Abu Tariq J.- In this Rule the petitioner has challenged the assessment of customs duty on the ground that in determining the value of the consignment in question they have illegally rejected the invoice price and fixed a value arbitrarily without any ma..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....urt Division in revisional jurisdiction as against the order dated 9-11-1999. The High Court Division upon hearing the parties made the Rule absolute on the finding that the defendant No. 52 is in possession of the land wherein he intends to make construction and that for the last 10 ...... of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied building on the land in excess of his share-Defendant cannot be allowed to build a multi-storied building on the la......ccordingly, the appeal is allowed. There is no order as to cost. Ed. ...... in allotting saham to the parties in the suit. 5. The Court of 1st instance upon hearing the parties rejected on 9-11-1999 the prayer of the defendant No.52 on the finding since the suit in question is a suit for partition and, as such, in case of allowing construction prior to the dispos..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....equently as vested property. It was further alleged that the
suit land was leased out to one Monir Hossain and others and subsequently the
suit land was leased out to defendant No.12 who was put in possession of 13.70
acres of land and has been possessing the same. This defendant also alleged
th......decree dated 5.6.1980 passed in Title suit No.346 of 1977 by the
First Court of the Subordinate Judge, Dhaka is illegal, void and not binding
upon the plaintiff. The plaintiff alleged that the suit land originally
belonged to Priaya Nath Basak and others and on the death of Priaya Nath Basak,
hi......………………………………………………..Opposite
Parties
With
Additional Deputy Commissioner (Rev), Dhaka
and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka…………………………………
Petitioner
Vs.
Mohammad Shafiqul Haque ......court in revisional jurisdiction According to the learned Advocate the present
revisions are not directed against the ex parte judgment and decree
passed in Title Suit No.346 of 1977 and thus the question whether the earlier
suit was barred under section 42 of the specific Relief Act is not a..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......be a director of the company (Annexures 2, 3,4 and 5 of the affidavit-in-opposition); in the course of business, the company by registered deeds dated 25-4-95 and 12-11-96 purchased about 5 bighas of land for construction of VIP Tower and prior to this, there was a baina dated 28-10-93 signed betwee...... is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......by the company, the respondent No. 1 is a holder of 625 fully paid up shares and accordingly, is entitled to file the application under section 233 of the Company Act, 1994 and that the amendments in question, though legal, but were made to deprive the respondent No. 1 to participate in the manageme..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......t Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compensation from the autho......sion of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....e defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the plaintiff had enjoyment of his right, title and interest. The defendant No.3 gave him possession in Plot No.1701 for 50 decimals and another 10 decimals in Plot No.1495. After about two ......itle Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the plaintiff had enjoyment of ......05) 356. ......ing the judgment and decree of the trial Court holding that the defendant No.1 has executed the sale deed in favour of the plaintiff on 25‑12‑1972, but prior to that he executed the Bainapatra in question on 10‑3-1971 in respect of the same land and in favour of the defendant No.4 and sin..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....ee only on 19-1-1987. 3. The respondent Nos. 1-8 contested the suit filing written statement stating, inter alia, that the original owner Sudhanshu Kumar Acherjee being owner and in khas possession of the pond ultimately settled to Tazammel Huq Chowdhury on 12 Chaitra 1351 BS and he bei..........Respondents Judgment February 1, 2005. The State Acquisition & Tenancy Act, 1950(XXVIII of 1951), Section 20 The suit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of...... Counsel for the petitioner. The petitions are dismissed. Ed. ......ther than the tank excavated on the land is non-retainable. Since no pleading is there in the suit and no issue to that effect was framed in the suit on any allegation that the tank in question is non-retainable khas land of the original landlord, we do not find any substanc..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....e performa‑respondent No.2 Md Abdul Hye contested the suit filling written statement stating, inter alia, that no summons or notice was served upon him and that the defendant‑petitioner purchased possession of 2 (two) shop rooms on payment of Taka 3,00,000 as possession value and 2 (two) separat......3,00,000 on the basis of established practice in the commercial world between the parties could be taken notice of by the Court, in order to operate the principle of promissory estoppel debarring the landlord to evict the petitioner from the tenanted premises, as a right independent of the tenancy r...... This Case is also Reported in: 26 BLD (AD) 2006, 105. ......reasons aforesaid and being contrary to the provisions of law and the decision referred to above is not a sound proposition of law and could not be relied upon. 16. In that view of the matter, no question of any promissory estoppel arises on ground of acceptance of any, salami, for making a tena..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Mouza, Tejgaon, Dhaka (ii) the Lease Deed No.4511 dated 9‑10-2002 (Annexure‑L), (iii) letter dated 26‑5‑2003 (Annexure‑N) issued by the office of respondent No.2 directing to hand over possession of the case land and (iv) the threatened dispossession of the petitioner by the responden......ple's Republic of Bangladesh, a Rule Nisi was issued calling Upon the respondents to show cause as to why (i) letter of allotment dated 19‑7-1993 issued by respondent No.2 allotting petitioners land by number as industrial plot No.30 appertaining to CS Plot No.177 of Begunbari Mouza, Tejgaon, ......itioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (AD) 64=9BL......re, the land vested in the Government free from all encumbrances and the right title and interest of the original owner in those lands were extinguished. By MLO 128 of 1986 acquisition of the land in question was reconfirmed. The Senior Sub-Assistant Engineer, Bangladesh Railway had no authority to ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......ssions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......victim Asmat Ali was alone when he was assaulted and he could not resist the assault and the accused‑appellant Monohar Joarder assaulted him freely without any resistance from any quarter. Now, the question arises if the accused Monohar had any plan or premeditation to murder the victim, it appear..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
.... with some hired men 'stocked' some bamboo poles and CI sheets on the side of the raised portion of the land in suit "and operating to erect some huts in order to create illegal obstruction to the possession of the suit land by the plaintiffs". 3. The defendant contested the suit by filing wr...... of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plaint, that after, his death his son Abdul Barek ......ly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....o auction purchase the suit property and the plaintiff fraudulently auction purchased the same in his own name and finally, at the intervention of the arbitrators he executed the kabala and delivered possession and thereupon, the defendant No.3 and delivered possession who mutated the Khatian in his......ed Lawyer emphasises that the agreement in question is not a simple contract but an agreement for reconveyance which as per section 95(A) of the State Acquisition and Tenancy Act made the transfer of land of the plaintiff to defendant Nos.1 and 2 nothing but a complete usufructuary mortgage which cr......at them Mere omission to sign and seal exhibits or deposition sheets does not affect the merit of the case nor the jurisdiction of the Court and such omissions are mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to preven......s. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e. at the time of admitting the document into evidence, the question of its admissibility cannot be raised at a subsequent stage………..........Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ...... short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with a prayer for mandatory injunction. The suit was dismissed by ......sh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Sayed Amir Hossain, 35 DLR 277; The Gov......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....e against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain members of the 2nd party from disturbing their possession. Prior to that, the 2nd party as plaintiffs instituted title Suit No.30 of 94 (previous n...... party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain members of the 2nd party from disturbing their possess...... of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......mately, the decree was passed finding the plaintiff-opposite parties in possession of their claimed land (6‑80 acre). Therefore, the civil Court was very much in seisin of the subject matter on the question of title and possession. But the learned Magistrate appears to have assumed jurisdiction un..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......t of Subordinate" Judge (now Joint District Judge), Narayanganj passed in Title Suit No.72 of 1992 dismissing the same. The suit was filed for specific performance of the contract for sale of land for further relief by way of declaration that the sale deeds by the defendant No. 1 in favour ...... Division is maintained. There is no order as to cost. Ed. ......itle to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the property in question in good faith without notice of the original contract there is no illegality in decreeing ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
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