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Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......mits that the High Court Division was in error in not considering the material fact that by the impugned letter the petitioners were restrained from enjoying their leasehold right in the fisheries in question. He further submits that the High Court Division was in error in treating the letters impug..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......uit for permanent injunction, starting, inter alia, that a primary school namely, Laxmikantapur Wazuddin Munshi, a registered private school has been running for a long time established in a piece of land under Laxmikanta mouza in plot no. 87 under police station Zazira, District Shariatpur, that Go......ence. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......about one year before the alleged occurrence the accused Harish and Harun wanted to make illicit relation with Hazera Begum by offering her biscuit, bread and banana when she went to see paddy of the land nearby her house and she disclosed the fact to her father the informant Ali Ahmed whereupon a s......nd let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......a Judgment and order dated 21-10-1998. This judgment will dispose of the Death Reference and the Appeal preferred by the convict being Criminal Appeal No. 3032 of 1998 inasmuch as they involve common question of fact and law. 2. The prosecution case, in short, is that about one year before the ..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......-in-opposition, has stated that a co-site agreement between BTV and ETV was signed as set forth in the main contract. On the basis of this contract ETV is allowed to use the tower and its adjacent land of Dhaka, Natore, Khulna and Rangpur TV Stations. It is further stated that use of Sylhet Stat......All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......by the Appellate Division as to locus standi to maintain a public interest litigation acted illegally in holding that public litigation may even he directed against less fortunate persons when the question of malafide exercise of power or the question of transparency is agitated and thereby ext..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
.... ও প্রকারে মোকাদ্দমাটি রক্ষণীয় কি? ২) নালিশী ভূমিতে বাদী পক্ষের incidental title and exclusive possession আছে কি? ৩) প্রার্থীত মতে বাদী পক্ষ......avour of the plaintiff‑respondents is a forged deed or not. 2. The plaintiff‑respondents instituted the above suit for permanent injunction simpliciter. Their case is that the suit land belonged to Radhika Mohan Roy and they purchased the same for Radhika Mohan Roy by registered k......No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ....... 5. We find that the High Court Division has rightly held that in a suit for permanent injunction simpliciter an issue whether the registered deed is forged or not cannot be decided. Such a question is to be decided in a separate suit and we find that in the instant case it is to be at the..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......asi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......at father being the best well wisher of a minor daughter is entitled to the custody and in her own interest she should be given to her father's custody. 7. Here in the present case the main question is whether Masuda Khanam (Hasi) is a minor or not. If she is found to be a minor she shoul..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....39; and contended that it is now an undisputed fact that Mr. Ershad had a telephonic talk with a Judge of this Court and it was recorded in a cassette and 'Manabjamin' had the cassette in its possession, 'Manabjamin' in its publication referred to this cassette and thereafter publish...... Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SCR 497, Namboodiripad (1971) 1 SCR 697=AIR 1970 SC 2015...... of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......d not amount to contempt of Court and so, on the first day, we did not issue any Rule against him. By our order dated 15-11-2000 we asked the Editor of 'Manabjamin' to produce the cassette in question with a transcript and directed him to disclose the source from which he obtained the casset..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......n he stated that his son-in‑law Hyder Ali is the full brother of accused Ashraf and accused Hobi is the brother‑in‑law of accused Ashraf. Hyder Ali and Ashraf Ali jointly purchased a piece of land from a Hindu person and lastly there was a trouble in between them. Hyder sold his land to some......ection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......r women, namely Asia, the mother of the victim, as well as mother-in-law of the informant and Mazu Bibi, the mother of accused Ashraf. Mother of accused Ashraf might have told lie to save her son but question would arise as to why Asia, mother of the victim and mother-in-law of the informant, would ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......e set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......cument was seized by the Investigating Officer during investigation. 25. In view of the aforesaid evidence on record, it is clear there is no competent witness to give testimony touching the vital question as to whether the victim girl was taken away by the accused under threat and coercion and g..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....that the decree‑holder in the aforesaid execution case as plaintiff instituted Title Suit No. 60 of 1989 in the court of Assistant Judge, Sherpur, Bogra for declaration of his title and recovery of possession for demolition of the structure standing on the suit land measuring 1.76 acres appertaini......ntiff instituted Title Suit No. 60 of 1989 in the court of Assistant Judge, Sherpur, Bogra for declaration of his title and recovery of possession for demolition of the structure standing on the suit land measuring 1.76 acres appertaining to CS Khatian No. 113 corresponding to MRR Khatian Nos. 202, ......in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....ision of the Courts below, stating that the same is based on reason and evidence on record. He further submits that the petitioner was not competent to make an application for repair remaining out of possession in the case premises due to dismantling and, as such, the Court below committed no error ......e 1986 (Ordinance XXII of 1986) which runs as follows: “21 Making of repairs and taking of measures for the maintenance of essential services by the tenant on the failure or neglect of the landlord to do so: (1) The Controller shall, on application made to him in this behalf by any t......osite Party Judgment April 29, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Abdus Samad with Md. Bazlul Dabir with Shachira Hossain, Advocates- For the Petitioner ALM Asaduzzaman, Advocate- For the Opposite Party ......ot competent to make an application for repair remaining out of possession in the case premises due to dismantling and, as such, the Court below committed no error in law in his decision. 9. The question which needs consideration is whether the learned Subordinate Judge has committed any error ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
.... six others are the sons and daughters of Mongal Mia. Mongal Mia, a refugee from India, was allotted the case house by the Government and a lease deed was registered on 11‑7‑1963 and accordingly, possession was handed over to him. Since then Mongal Mia had been owning and possessing the house wi....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......f the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......tition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Article 2. The court of settlement has no jurisdiction in deciding the question of abandonment of the case building when a suit challenging the abandoned character of the ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....985 after being transferred to the second Court of learned Subordinate Judge, Chittagong. The petitioners filed the above suit against the respondent for declaration of title, confirmation of possession and for permanent injunction. The case of the petitioners was that the names of the......herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ...... of the High Court Division. The petition is therefore, dismissed. Ed. ......herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....nd ors............... Appellants Vs. ABM Hasan Kabir and others …Respondents Judgement April 9, 2002. Adverse Possession The claim of adverse possession must be specifically claimed in the pleadings, hostile title must be asserted, adverse po......ndra Aich and Opendra Chandra Aich who became owners of the same on the basis of a kabuliyat dated 31 Baishak, 1332 BS. Thereafter, by amicable partition between themselves Mahim Chandra Aich got the land mentioned in the schedule I of the plaint and was in exclusive possession of the property for m......thout any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......sel, referred to section 7(2) of the Non‑Agricultural Tenancy Act, 1949, to advance his argument of adverse possession. Under the section a tenant must show that he had been holding the property in question for a period of not less than twelve years without any lease. Mere suggestion of uninterrup..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....thers............Respondents Judgment April 8, 2002. Result: The leave petition is dismissed. The Emergency Requisition of Property Act, 1948 (xiii of 1948), Section 8B Since the possession of the land had already been delivered to the requiring body on payment of compensation t......espondents Judgment April 8, 2002. Result: The leave petition is dismissed. The Emergency Requisition of Property Act, 1948 (xiii of 1948), Section 8B Since the possession of the land had already been delivered to the requiring body on payment of compensation the requisitioned l...... In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......ubmitted an application on 1‑7‑1987 to the Hon'ble 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 no..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....ere the recorded owners of the suit property under both in RS and SA Khatian. Her father by registered deed gift dated 253‑1975 made a gift of 'Ka' schedule property in her favour and handed over possession thereof, that her uncle Nripendra Nath Paul used to maintain her from her childhood out o......arned Subordinate Judge Dinajpur in the Other Suit No. 206 of 1997 decreeing the same. 2. The appellant as plaintiff instituted the aforesaid suit for declaration of her title in the suit land and also for further declaration that the order passed by defendant No. 2, the Additional Deput......r as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......ter alia, that the suit was not maintainable in its present form; that the aforesaid recorded owners Upendra Nath Paul and Nripendra Nath Paul left for India permanently and, as such, the property in question has been rightly declared as an enemy property and subsequently as vested and non resident ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....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. ......ned that ETV did not require any such licence. Respondent No. 5 is DG of the Bangladesh TV. In his affidavit-in-opposition it is stated that ETV has been allowed to use towers of BTV and its adjacent land at Dhaka, Natore, Khulna and Rangpur TV. Stations on the basis of Co-site agreement but ETV is ......ever, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......ee in its evaluation report selected ETV and placed its proposal at the top. 18. As the main point is whether evaluation report of the Technical Committee was changed, we will like to decide the question at a later stage. Before that, we like to mention other arguments of the learned Advocates ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ip;……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- Golam Ilahi Vs. Md. ......ojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plaintiff instituted the suit for confirmation of their possession upon declaration of title by adverse possession in the suit land measuring about 0.092 acre of land comprised of holding No. 269/265 of No. 9 Hatkhola Ward of t......ellip;…………………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. C......e. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title.” 24. Adverse possession is a mixed question of fact and law, in the sense, that the fact of adverse possession is to be gathered from s..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....but it may be inferred from the act and conduct of parties as well. (ii) The High Court Division was in error in deciding and reversing the finding of fact in respect of possession and Istafa (surrender) which were found in favour of the appellants by the courts below&...... the appellants. Respondents 1‑73 instituted a suit, Title Suit No. 834 of 1973, against the appellants and others for declaration of title and confirmation 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 l......preme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J &nbs......It was also submitted that the learned Single Judge reversed the decision of the courts below in decreeing the suit without himself considering the evidence adduced by parties. It appears that on the question of possession the learned Counsel, appearing for the defendant‑appellants, submitted ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....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. ......miscellaneous case under section 96 of the State Acquisition and Tenancy Act, 1950 against the pre‑emptee respondents stating that the vendor, Kazi Abdur Rashid, respondent No. 2, had sold some land to Mohammad Almas Chowkidar, respondent No. 1 on 11‑8‑1991 by an exchange deed on t......e is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......earned Single judge made the Rule absolute Upon Setting aside the aforesaid order of the learned Assistant Judge and rejecting the aforesaid Miscellaneous Case for pre‑emption holding that such question cannot be gone into in the pre‑emption proceeding. 6. Leave was granted ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
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