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Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....ccused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 1413 BS; the same accused also did not......eported in: 64 DLR (HCD) (2012) 458. ...... of Criminal Procedure, the High Court Division can not verify the procedural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases R......minal Procedure, 1898 (Act No. V of 1898); section 561A On exercising jurisdiction under section 561A of the Code of Criminal Procedure, the High Court Division can not verify the procedural shortcomings when the petitioner preserves every right to justify his alleged assertion during the cou..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

.... amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned back to the landlord………………………………(14) Cases Referred to- Abdur Rashed Kha......es Judgment April 10, 2012. Result: The Rule is discharged. The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); s. 75A Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreemen......bsp; Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned back to the landlord……………�......dment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned back to the landlord………………………………(14) Cases Referred to- Abdur Rashed Khan Vs...

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

....1997 reversing those dated 27-3-1997 passed by the Subordinate Judge, 2nd Court, Narayanganj in Title Suit No.369 of 1994 should not be set aside. 2. The case of the plaintiff is that the disputed land originally belonged to Radha Mohan Saha who enjoyed the land through the tenants except plot No...... Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... Appeal No.44 of 1997 reversing those dated 27-3-1997 passed by the Subordinate Judge, 2nd Court, Narayanganj in Title Suit No.369 of 1994 should not be set aside. 2. The case of the plaintiff is that the disputed land originally belonged to Radha Mohan Saha who enjoyed the land through the tenan......etitioners Vs. Abdul Malek……………………..Opposite Party Judgment March 18, 2007. Result: The Rule is discharged. The finding of fact as well as law, whether concurrent or not, arrived at by the lower appellate Court, which is the final Court of fact, is binding on the..

Category: Procedural Law | Date: | Hits: 83

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

....t April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 20 (2a) Any bazar which includes any land, building or hut therein cannot be retained by any rent receiver or raiyat or tenant . . . Alth......ts Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 20 (2a) Any bazar which includes any land, building o......ent receiver or raiyat or tenant . . . Although people of the bazar and villagers use the water of the tanks, yet, it does not make the tanks part of the bazar. By use of water of the tanks no right whatsoever has been created in favour of the users…………………………..(6 & 7) Law......1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 20 (2a) Any bazar which includes any land, building or hut therein cannot be retained by any rent receiver or raiyat or tenant . . . Although people of ..

Category: Property Law | Date: | Hits: 74

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. .......Opposite Parties Judgment April 2, 1995. Result: The reference is rejected. Whether a Magistrate is competent to take cognizance of an offence in respect of an accused person on the basis of a naraji petition although the accused person was previously discharged pursuant to a final ......s not been defined in the Code of Criminal Procedure but nevertheless the word "discharge" connotes different meanings in different contexts. When an accused is discharged pursuant to a final report that means that the accused has been discharged from custody under section 500 of the Code and not di......Magistrate is competent to take cognizance of an offence in respect of an accused person on the basis of a naraji petition although the accused person was previously discharged pursuant to a final report submitted by the police. The word "discharge" has not been defined in the Code of Criminal Pr..

Category: Criminal Law | Date: | Hits: 138

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....ot the allegations as made in the FIR even if prima facie accepted to be correct and true would they disclose any offence under section 409 of the Penal Code or any other offence under any law of the land. 35. As stated hereinabove, in order to evade tax of taka 80,91,720.00 the petitioner in col......e. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ali PS Case No.68 on 30.05.07 corresponding to ACC GR Case No.40 of 07 under section 409 and 109 of the Penal Code implicating the petitioner and four others. 8. In the FIR, it was mainly alleged that the petitioner transferred the imported vehicle, which was on 10.10.06 registered in the name of......eik Abdus Sabur Vs. Returning Officer and others, (1989) 41 DLR (AD) 30; A K Rejaul Karim Vs. State, (1988) 36 DLR (AD) 113. Lawyers Involved: Rafiq-ul Huq with Shah Monjurul Huq, Advocates - For the petitioner. Nahid Mahtab, Deputy Attorney-General with Kazi Jinat Huq, Assistant Attorney..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....ndent No. 3 and cancellation of the mutation cases being Mutation Case Nos. 13610 of 04 and 16962 of 04 issued by the respondent No. 5 in respect of the properties of the petitioners of 2.99 acres of land appertaining to CS Khatian Nos. 11 and 12, CS and SA Dag Nos. 21, 23 and 86 of Mouza Purbo Nara......……petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In any mutation case, any grievance on th......ion of the mutation cases being Mutation Case Nos. 13610 of 04 and 16962 of 04 issued by the respondent No. 5 in respect of the properties of the petitioners of 2.99 acres of land appertaining to CS Khatian Nos. 11 and 12, CS and SA Dag Nos. 21, 23 and 86 of Mouza Purbo Narashinghapur, Police Statio......…………petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In any mutation case, any grievance..

Category: Property Law | Date: | Hits: 107

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

....a-Niyo are fraudulent and not binding upon the plaintiffs and also further declaration that the khatian in favour of defendant Nos.1-14 and 28-31 are wrong. 3. In the plaint schedule to the suit land has been described as:- ক তফসিল জিলা-ঢাকাশ, থানা-�......J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......rif Hossain Chowdhury and others………………………………Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the pla......�……………Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plainti..

Category: Property Law | Date: | Hits: 80

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

.... High Court Division it was argued on behalf of the plaintiff appellant that all the provisions of Land Reforms Ordinance, 1984 except section 5 unquestionable and beyond doubt relate to agricultural land and purpose of the said Ordinance is to maximize production and to that end to make provisi...... It is the presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is b.......Respondent Judgment May 11, 2011. Result: The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25B Interpretation of statute It is the presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of t......e appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25B Interpretation of statute It is the presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court ca..

Category: Criminal Law | Date: | Hits: 84

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

....t one Kafiluddin as complainant lodged a petition of complaint on 10.7.79 before the Sub-Divisional Magistrate, Gazipur, alleging that he along with his three brothers purchased .90 decimals of land in two separate kabalas dated 25.6.79 and 2.7.79 from one Rashik Chandra Barman, son of late ......e State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections 463, 464 & 467 Decision on the basis o......oceeding a registered deed which is prima facie based on some documents of title of its vendor cannot be nullified as a forged document when the vendor himself came before a Court and stated on oath that he is the real recorded owner supported by the records of right both old and new. It is only a c......nal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections 463..

Category: Procedural Law | Date: | Hits: 111

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a specific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detentio..............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a specific case against the detenue and the ......gment Latifur Rahman J. - In this Rule the legality of the detention of the detenu Md. Bashirul Haque has been challenged by his father A.K.M. Azizul Haque. 2. It appears from the petition that one Kazi Harunur Rashid, neighbour of the detenu lodged a first information report in Sutrapur P...... Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a specific case against the detenue and the same is the subject matt..

Category: Criminal Law | Date: | Hits: 66

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....n and Tenancy Act which has been further re-numbered as Pre-emption Case No.17 of 2007. 3. In the plaint the pre-emptor asserted that the pre-emptee No.2 and 4 were owner and possessor of the case land comprised in SA Plot No.408, within Mouza Kadamrasul under police Station Golapgonj measuring 1......ow most arbitrarily refused to admit a cogent and vital evidence; and (2) the appellate Court itself requires that some vital evidence should be adduced by the parties. The object of this opportunity as rendered by the provision is to render justice to the party deprived off from adducing sucheviden......ional evidence is a question to be decided by the Court on two grounds i.e. (1) Court below most arbitrarily refused to admit a cogent and vital evidence; and (2) the appellate Court itself requires that some vital evidence should be adduced by the parties. The object of this opportunity as rendered......the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....ies are at variance and call for decision. 3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khaleque Khan are the petitioners. Their common case is that 1.54 acres of land of CS plot No. 163 appertaining to CS Khatian No. 2 of Mouza Keraniganj, then Tejgaon, at prese......restored. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 18. ...... at which the parties are at variance and call for decision. 3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khaleque Khan are the petitioners. Their common case is that 1.54 acres of land of CS plot No. 163 appertaining to CS Khatian No. 2 of Mouza Keraniganj, then......pondents Judgment May 20, 2008. Result: The Rules are made absolute with cost. Case Referred to- Bangladesh Vs. Sree Sree Modan Gopal Jeo Begraha, 33 DLR (AD) 13; Anwara Begum Vs. Noorjahan Begum, 27 DLR (AD) 109; Azmiri Begum Vs. Bangladesh; Osimuddin Vs. Bangladesh, 1 BLC 375; Ad..

Category: Property Law | Date: | Hits: 120

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......y other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......1211 of 2000 and 1296 of 2000 are dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre‑pla......dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre‑plan……………..(36) The appe..

Category: Criminal Law | Date: | Hits: 110

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....rit respondent No.4, i.e., the Deputy Commissioner, Chittagong addressed to writ respondent No.1, Ministry of Land in the writ petition for final approval of the proposal to lease out 108.74 acres of land of Mouza Saral and Gandamara under P.S. Banshkhali of District Chittagong to the writ responden......ported in:9 ADC (2012) 650. ......nd of Mouza Saral and Gandamara under P.S. Banshkhali of District Chittagong to the writ respondent No.8 Haji Jamir Uddin. 4. In his writ petition the writ petitioner, (petitioner herein), stated that he filed an application for granting lease of Government khas land for the purpose of salt culti......��.Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The leave is granted. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Rajik..

Category: Civil Law | Date: | Hits: 182

Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

....628 executed on 06.10.1099 and registered on 16.11.1999, at Fatehabad and Hathazari Sub-Register's Office, Chittagong, respectively but not actually acted upon except the share of respondent No.5 for land measuring 1.181/2 acres of land with a further prayer for a declaration that those deeds are no......��……………Opposite Parties Judgment August 22, 2006. Result: The appeal is dismissed. The Partition Act, 1893 (Act No. IV of 1893), section 4 A co-sharer of a dwelling house has an irresistible right under Section 4 of the Partition Act to resist a stranger from coming to an......Section 4 of the Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, garden, courtyard, orchard and all that is necessary for the convenient occupation and enjoyment of the house. It is enough if the house......buy up the share of stranger purchaser…………………………(22) Section 4 of the Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, garden, courtyard, orchard and all that is necessary for the..

Category: Property Law | Date: | Hits: 132

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....de absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the ......in the jurisdiction of the Registration Act and the Transfer of Properties Act which is a civil jurisdiction rather than any liability under Penal Code…………………(13) If the complainant has given any amount of money in order to get a sell deed for a land he should establish his civil ri......98); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the jurisdiction of the Registration Act and the Transfer of Properties A...... The rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absol..

Category: Criminal Law | Date: | Hits: 102

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

....……………(11 & 13) Extinction on termination of necessity In case of plaintiff’s having an alternative pathway or at least an opportunity for owning alternative pathway over the own land, the easement of necessity, if any, in favour of the plaintiff turns off whereas section 41 o......howdhury...........................Petitioner Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The Limitation Act, 1908 (IX of 1908); Se...... 15 and 41 The Limitation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient owner and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…………………(9) The right of easement by prescr......d. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The Limitation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient owner and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…�..

Category: Civil Law | Date: | Hits: 189

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

....d the matter on the pretext of procuring his balance consideration money. The plaintiff alleged that thereafter he came to know on 1st. week of April, 1989 that defendant Nos.1-3 transferred the suit land in favour of the defendant No.4 in collusion with him without knowledge of the plaintiff. The p......I, rule 31 of the Code of Civil Procedure and it should not be very short cut judgment and should not suffer from misreading and non-reading and non consideration of the evidences on record. In such cases, the judgment will be liable to be set aside………………(15) Cases Referred to- Moh......per. 2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 entered into a contract with the defendant Nos.1-3 for purc...... cancelled…………………(14) While delivering judgments, the judge should properly adhering to the provision of Order XLI, rule 31 of the Code of Civil Procedure and it should not be very short cut judgment and should not suffer from misreading and non-reading and non consideration of the ..

Category: Civil Law | Date: | Hits: 153

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

....ganj, Chandpur for declaration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka" schedule property measuring an area of 44 decimals of land. He proposed to sell the same to the plaintiff at a consideration of Taka 1,200 and on receivin...... February 9, 2012. Result: The Rule is discharged. The Transfer Property Act, 1882 (Act No. IV of 1882), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property Act creats a priorit......ondents Judgment February 9, 2012. Result: The Rule is discharged. The Transfer Property Act, 1882 (Act No. IV of 1882), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property ......ct No. IV of 1882), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means ..

Category: Property Law | Date: | Hits: 134

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