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Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....he entire land of Plot No. 360 measuring 3.01 acres was requisitioned in Land Acquisition Case No. 10 of 1963‑64 and about 90% of the compensation money had been paid to the land owners and the possession of the requisitioned lands were officially handed over to the Dhaka Improvement Trust. Ho......1998 passed by a Division Bench of the High Court Division in Writ Petition No. 2280 of 1998 making the Rule absolute. 2. The facts, in short, are that the respondents purchased the case land in December, 1974 by three kabalas and had their names duty recorded in the records of right. T...... Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......209;in‑interest of the respondents upon refund of compensation money. Therefore, any mistaken approval of plan and mutation or names in tire record of rights do not have any bearing on the question of title and possession of the case land in question. 4. The High Court Divisi..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....f the Code of Civil Procedure. 10. The suit is for cancellation of the deed in question on the ground that the deed dated 16-8-77 is a forged deed. Opposite party Nos. 1-5 claim that they are in possession of the suit land on the basis of purchase from Lal Mohon by registered deeds and that the......o prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was also prepared in his name. He was a simple man and had no idea abou...... by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was also prepar..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... other Execution Case No. 70 of 1964 allowing an application under section 15 1 of the Code of Civil Procedure and striking off the execution case as barred by limitation and directing restoration of possession to the judgment debtors‑petitioners in the suit property. ...... 2. The facts are that the plaintiff respondents brought Title Suit No. 173 of 1961 in the Court of the then Munsif, Cox's Bazar against the petitioners for declaration of his title to the suit land and for khas possession after demolition of the structures standing thereon. The trial Court de......2003) 69. ......ting of execution case on 20‑5‑1992 was not intimated to the judgment debtors or their Advocate and that the schedule of the decree was vague and indefinite and that the execution case in question was barred by limitation and their possession of the suit land be restored to them. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......sp; This Case is also Reported in: 55 DLR (AD) (2003) 62. ......ned Advocate for accused petitioner submits that the High Court Division has committed an error of law by discharging the Rules. He further submits that where the facts reveal that the transaction in question involves civil liability no criminal proceeding will lie and the criminal cases are liable ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
....e petitioner No. 1 made an oral gift of the property in question in favour of petitioner No. 2 his wife on 26-3-1993 in accordance with the principle of Mohammedan Law and handed over actual physical possession of the property in question to her and petitioner No.2 accepted on the same day and in th......um as owner of a portion of plot No. 5/11, Block-A, Lalmatia, 5. Mohammadpur, Dhaka along with two-storied building, standing thereon.
2. The case of the petitioners, in short, is that a plot of land being Plot No. 5/11, Block-A, Lalmatia, Dhaka was originally allotted to one Syed Abi Md. Azfar......n 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......name which was allowed by an order dated 12-9-1981. The photocopy of the order dated 12-9-1981 is annexed as annexure C to the writ petition. The petitioner No. 1 made an oral gift of the property in question in favour of petitioner No. 2 his wife on 26-3-1993 in accordance with the principle of Moh..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......Moklesur Rahman in respect of plot No. 10 under khatian No. 555 of mouza Durgapur under Kendua Police Station. During the tenure of the mortgage informant Syed Mozaharul Haque purchased the mortgaged land in the month of Chaitra, 1390 BS from mortgagee Moklesur Rahman, who paid the mortgage money to......be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......nnected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ...... examined under section 342 of the Code of Criminal Procedure when he stated that due to his brain defect he could not say what he did and left the matter for the decision of the Court. In reply to a question put by the Court as to whether he wanted to lead any evidence in support of the defence he ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... date; it was stipulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defendants and Nalini Chandra and others for execution and registration of the deed and the possession of the property would be delivered accordingly; in the later part of the bainapatra. It i......ng the suit for specific performance of contract. 2. Facts relevant for disposal of this Rule are that the respondents being the owners and possessors of the schedule land comprising of 1.02 acres proposed to sell the same along with 0.42 acres of land belonging to t......AD) (2003) 86. ......it has been held by a Full Bench of the Allahabad High Court presided over by SK Verma, J that: “In our view, this decision of the Supreme Court furnished a complete answer to the question referred to us. It makes it clear that there is power of "review" both in cases w..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ....... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ...... dismissing civil petitions arising out of judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998 heard and disposed of together as common question of law and fact were involved therein. The writ petitioner in Writ Petition No. 1787 of 199..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ....... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......ismissing civil petitions out of judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998 heard and disposed of together as common question of law and fact were involved therein. The writ petitioner in Writ Petition No. 1787 of 1..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ...... the Police are agent of law and they are answerable in law for their actions. Police are accountable for their performance to the People and as such have a proximate accountability to the law of the land which in essence is the expression of its will. Police being visible symbol of the authority of......omplaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......aterial placed by the complainant before Court, (b) For the limited purpose of finding out whether a prime facie case for issuance of process has bean made out And (c) For deciding the question purely from the point of view of the complainant without at all adverting to any defense th..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ome of whom were even Ministers in the last Cabinet. From the conduct of prosecution and the way the trial Court proceeding with the trial led us to hold that the case has been dumped in the no man's land and the case is being proceeded with it can very well be presumed that the trial will continue ......Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....iled Title Suit No. 34 of 1996 for declaration that the heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registered instrument and thus respondent No. 2 had no right, title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998. On 14‑10&......of 1996 for declaration that the heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registered instrument and thus respondent No. 2 had no right, title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer ......5 DLR (AD) (2003) 61. ......a matter of course, even if both the parties ask for if or agree to it. No adjournment should be granted unless sufficient cause for the same is made out. The words “sufficient cause" is a question of fact depending on the facts and circumstances of the case. The court considering the mat..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
.... the prayer and also submitted an account in Court. The matter was ultimately heard on 12-1-85 when the executing Court allowed the prayer of the Bank, changed the receiver and asked the Bank to take possession of the trucks, and ordered to issue sale proclamations for sale of the trucks and the hou......ave earned about Taka 40,46,000 during the period. The amount was far greater than the decretal debt. Yet the Bank was not returning the trucks. Rather, the Bank was trying to sell the trucks and the landed properties mortgaged. At the time, the price of Truck—Mymensingh Na-239 of British Bedf...... — For the Petitioner. Shamim Khaled Ahmed, Advocate — For the Opposite Parties. Civil Revision No. 3474 of 1994. Judgment Md. Abdur Rashid J. - The above Rule was obtained by the judgment debtor upon making an application under section 115 of the Code of Civil Proced...... 6-1-91 ordered for analogous execution of execution case Nos. 2 and 3 of 1989 with execution case No. 8 of 1983. It is submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefore liable to be discha..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......cial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......torney General in view of the fact that the Tribunal on due consideration and discussion came to the decision that age of petitioner No. 2 Alamgir Hossain was 14-15 years at the time of trial. So the question of medical examination does not arise as the learned Tribunal came to a conclusive decision..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......s accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......sion on consideration of the materials on record and on materials on record and on learning the learned advocates of both the sides made the Rule absolute by judgment dated 6-2-2001. 6. The moot question in this case is whether the present petitioner is disqualified to be a Member of Parliament..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
....Petitioners Vs. Shah Hingul Mazar Sharif and others....................Respondent Judgment August 9, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injun......n possession of the suit property and the defendants have no title, right, interest and possession in the same. 3. The suit was contested by the present petitioners and their case is that the suit land was acquired by the Government in the year 1907 and CS and SA Khatians were prepared in the nam......forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....ther purchasers, that heirs of Amin Sharif were made pro-defendants in the said rent suit, that plaintiff never sold any land to defendant No. 2 and that the plaintiff and the defendant No. 2 have no possession in the land in suit and that the defendant No. 1 is in possession of the land in suit. ......et aside the judgment and decree of August 28, 1970 of the Court of Subordinate Judge, Chittagong in Other Suit No. 35 of 1969 dismissing the same which was for declaration of title in respect of the land described in Schedules 1(a) and 2(a). 2. Plaintiff-respondent ...... (AD) (2002) 7. ......rdquo;. Exhibit A is the kabala of June 5, 1940 by which plaintiff and his two brothers are said to have purchased the land of Schedule 2 in the benami of their chosen persons. The trial Court, as to question of possession, on detailed discussion of the evidence of the parties arrived at the finding..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....ed Writ Petition No. 3400 of 1996 which was summarily rejected by the High Court division on 18-11-1996. Thereafter several representations were made by the contempt petitioner for restoration of his possession but without any effect. Finding no other alternative Writ petition No. 3964 of 1998 was f......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ...... Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......on No.18 of 2000 which arose for not implementing the order of the High Court Division passed on 9-6-1999 in Writ Petition No. 3964 of 1998 by not delivering the vacant. Possession of the property in question to the writ petitioner. 2. The petition of contempt was fi..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
.... The Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i) To facilitate execution of a decree for delivery of possession of an immovable property the plaintiff must specify the property. The executing Court c......tion as to whether the High Court Division has fallen into an error of law in holding that the appellants who are co‑sharers in the suit property were not entitled to possession of the decretal land, although they were found dispossessed from the entire property during the pendency of the suit......; 55 DLR (AD) (2003) 79. ......int, whether this Court in revision could competently pass a decree for mandatory injunction in the absence of any prayer made in this regard by the plaintiff. The executing Court is not competent to question the legality or otherwise of the decree and is only required to execute the decree as it is..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
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