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Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....roceeding of the said Execution Case and the same was rejected on August 12, 1999. The plaintiffs also filed an application in the Execution Case with the prayer for recalling the writ of delivery of possession and the Court allowed the same. But subsequently, on the prayer of the decree holder......ion of Order XXI rule 29 of the Code of Civil Procedure has no manner of application. 4. The learned Counsel for the petitioners submits that the plaintiffs have acquired interest in the land described in "ga" schedule attached to the plaint of Title Suit No. 96 of 1997 from t......h cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
.... being Title Suit No.124 of 1992 of the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi It was also found in the said suit that 2nd party petitioner's father Altaf Hossain was in possession of the remaining 0.0325 acre of land, According to the learned Sessions Judge, there bein......e order dated 26‑5‑2003 passed by the learned Sessions Judge, Rajshahi in Criminal Revision No.98 of 2003 allowing the same on setting aside the order dated 1‑2‑2003 of attachment of the case land and appointment of a Receiver therein, passed by the learned Chief Metropolitan Magistrate, Raj...... hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......on that it is the dispute relating to possession that was for a Magistrate to consider in a proceedings under section 145 of the Code of Criminal Procedure. He had no scope to probe into the disputed question of ownership of the immovable property. But disregarding it, he drew up a proceedings under..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....hu Mondal, sons of late Kanai Mondal. Raj Chandra Mondal died leaving wife Rajrani Mondal and son Rai Charan Mondal. Rajrani Mondal sold her interest to Keru Mondal and Khetra Mondal and delivered possession to them. Keru Mondal died leaving 2 sons, Fatik Mondal and Natu Mondal and they inherite......dated March 19, 1995 of the 1st Court of Subordinate Judge (now Joint District Judge), Gazipur, in Title Suit No. 44 of 1993 dismissing the suit which was filed seeking declaration of title in the land in suit and for a further declaration that names of Ananda Mohan Mondal, Gobinda Chandra Monda......ppeal is dismissed. There is no order as to costs. Ed. ......s not legal and sustainable in law. 7. The law is now settled that against the wrong record of rights the person whose interest is' affected by such wrong recording need not file suit questioning legality of the record of rights so prepared and finally published within 6 years from ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......nformant further stated that after the ejahar was written, the Daroga did not read over it to him but he signed the same as Daroga asked him to put his signature. He denied the suggestion that due to land dispute, the accused persons were falsely implicated. He also stated that Parul Akther told him......s are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......e in evidence by the High Court Division under section 80 of the Evidence Act. It is apparent that the High Court Division misconstrued the provisions of section 80 of the Evidence Act. To decide the question whether the statement of the victim as recorded under section 164 of the Code of Criminal P..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. He next submits that the petitioner being in possession of the suit property in part performance of the contract and also being willing to perfor......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......so Reported in: II ADC (2005) 38. ......spondent Md. Amir Ali. He has submitted that in the bainapatra though it was mentioned that the balance amount would be paid within 4(four) months, the time was extended several times and as such the question of time being the essence of the contract does not arise. He has pointed out that on the da..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
.................Respondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding p......ction 144 of the Code of Criminal Procedure was filed by the first party‑appellant before the Sub‑Divisional Officer, Cox's Bazar for drawing up of a proceeding stating, inter alia, that the suit land measuring 11.80 acres was purchased by them in auction on 12‑2‑1963 in Certificate Case No.......o. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......2nd party and who possess which portion of the PL. It has also been proved from his admission that Moulavi Amjad Ali brought him on hire who gave evidence as tutored witness. Hence his evidence is questionable. 2nd party witness No. 4 Karimdad admitted in cross that the PL is 100 bamboos in leng..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....vernment and legally leased out to plaintiff and Plaintiffs title therein is unaffected by Defendant's documents and, also, for a decree of permanent injunction restraining Defendants from disturbing possession of plaintiff on schedule A property. Schedule 'A' land shall be described hereinafter ......nts as plaintiffs on 4.3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by......eel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhy...... court and the substance and not the form of suit was required to be gone into by learned Judge and amendment sought by Plaintiff in this respect was refused by learned Judge and dismissal of suit on question of legal character of Plaintiff Bank is absolutely illegal and decision cannot be sustained..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......alleging, inter alia, that on 21‑6‑1982 the convict petitioners alone, with others created a forged kabala bearing No. 23838/82 in the Sadar Sub‑Registrar's office in respect of the land mentioned in the schedule thereto belonging to Sree Radha Madhab Biswambar Jiew for making ille......rfere. The petitions are accordingly dismissed. Ed. ......nts or vendees and co accused Champak Lata is the vendor. Accused Ananta is identifier and accused Amjad Ali, Habibur Rahman are attesting witnesses whereas Abdus Shahid was the scribe of the deed in question; that aforesaid Biresh Chandra Das being aware about the forged deed filed the petition of ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......in 15 days from the date. Ed. ......th section 153 of the Code of Civil Procedure provides general power to amend given to the Court at any time to amend any defect or error in any proceeding of the suit and for determining the real question or issue raised or depending on such proceeding. 16. However, in the instant c..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... the Court of Assistant Ridge obtained an order of status quo but later on same was vacated. Against that plaintiff went on appeal and the appellate Court passed an order of status quo relating to possession and as to the matter of leasing out of the land in favour of the defendant No. 6. ......o hower decree dite” 3. The said suit was decreed as follows: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6‑4‑199......is dismissed. There is no order as to costs. Ed. ......it got itself incorporated in 1992, that one of the objects of the company is to carry on business of clinic and hospital, that it filed an application to the authority for the lease of the land in question or iii the alternative another specified plot for the construction of a hospital, that the..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....azila Begumgonj. This property was auction sold and purchased by Bath Bank Limited on 6‑5‑1952 in Money Execution Case No.6 of 1981 of the Court of Subordinate Judge, Noakhali and got delivery of possession on 19‑6-1952. Thereafter, the said Bank converted to Eastern Banking Corporation and th......ern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ejectment of the defendant-petitioners from the suit land on the ground of default and bonafide requirement. 3. The facts of these suits are that th......own the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......arrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......dalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code of Civil..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....spondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-appellant from the suit property and for delivery of vacant possession of the suit property in their favour contending, inter alia, that the property described ......Choudhury and others reported in 33 DLR (AD) 55, and the case of AKM Shamsuddin and others Vs. Altafuddin Ahmed reported in 43 DLR (AD) 230. He next submits that deposit of rent in favour of previous landlord will not protect the tenant from being defaulter and from being evicted as such. In support......cree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......under section 106 of the Transfer of Property Act has been legally served for terminating the tenancy. We find substance in the submission of the learned Advocate for the respondents and agreement in question is not a registered be held to be a tenancy for month to month. Mr. Fazlul Karim, the learn..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......Furthermore, the said circular cannot and must not be allowed to encroach the provisions of Articles 7, 11, 26, 31, 32, 35, 36 and 65 of the Constitution of Bangladesh which is the supreme law of the land…………….(16) The rational deduction from Article 7 of the ......ct Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......ion Nos.6372, 6481, 6735, 7916, 7984, 8275, 8296, 8297, 8316, 8333, 8334, 8335, 8422, 8438, 8551, 8327, 8351 and 8315 of 2002. Judgment MA Aziz J.- All the above Rules arose out of a common question of law as to whether under section 3(2) and section 3(3) of the Special Powers Act, 1974 a ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ...... by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......t No. 2, the Premier Bank Ltd., through whom letters of Credit were opened by the Respondent No. 1 got itself added in the appeal and has prayed for an order to deliver to it the goods in question imported by the letter of Credit and mentioned in the writ petition on payment of customs d..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....empt was ever made by the Government to form an opinion that the absence of the respondent owners outside Bangladesh was prejudicial to the war of liberation and that no attempt was made to take over possession of the case building treating the same as abandoned property. The learned Counsel has how......‘11‑1970 leaving behind the writ petitioners and others as the heirs to whom he gifted the property on 13‑10‑1970 and that the American Embassy, tenant of Dr. Hasan, accepted the respondents as landladies who as well mutated their names with the Dhaka Municipality, paid rent and taxes and were......2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a...... upon erroneous view of the provisions of President's Order No 149 of 1972 wrongly assumed that the writ petitioners are Bangladeshi citizens and on that basis wrongly held that the property in question is not an abandoned property. (2) For that the petitioners being Pakistani citizens..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....iffs instituted Title Suit No.96 of 1956 in the Court of Subordinate Judge, (now Joint District Judge) Rangpur, for declaration of title of 'Ka' and 'Kha’ schedule land and for khas possession of the 'ka' schedule land against the predecessor-in-interest of the opposite par.......14‑28 as plaintiffs instituted Title Suit No.96 of 1956 in the Court of Subordinate Judge, (now Joint District Judge) Rangpur, for declaration of title of 'Ka' and 'Kha’ schedule land and for khas possession of the 'ka' schedule land against the predecessor-in-interest o......ecord at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....the requisition and acquisition of the property of the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issued under Memo. No. Rajuk/pa/sha/ni-pa/ka/dha for taking possession of the land of the petitioner in Mouja Baridhara, Block 'J,' Plot No.783, measuri......d acquisition of the property of the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issued under Memo. No. Rajuk/pa/sha/ni-pa/ka/dha for taking possession of the land of the petitioner in Mouja Baridhara, Block 'J,' Plot No.783, measuring more or less 30......e contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......urt in Writ Petition No.3705 of 2001. 2. The facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Petition No.3705 of 2001 before this Court calling in question the requisition and acquisition of the property of the petitioner through L.A. Case No..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......perty claimed to have been executed by the defendant No. 1 on November 5, 1973 in favour of the plaintiffs and the defendant No. 3. 3. Plaintiffs have filed the suit stating, inter alia, that the land in suit belongs to defendant No. 1 and, he has entered into an agreement with them to sell the ......r as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......lently created. 5. Title Suit No. 27 of 1976 was decreed ex parte on 5.1.1985 and the Kabala was exeÂcuted and registered through the Court. The respondent Nos. 1-6, however, purchased the suit land from the plaintiff Jahanara Begum but meanwhile respondent No. 7 the appellant in Civil Appeal ......appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ...... the suit land with the appellant Jahanara Begum pursuant to an ex parte decree could always impleaded as the defendant or the co-plaintiffs where it is necessary for a complete adjudication upon the question involved in the suit and to avoid multiplicity of the proceeding under the provision of ord..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
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