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Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......n the plaintiff was illegal and also for a further decree that the auction schedule to be held on 31 July 1985 or thereafter was illegal. The case of deceased plaintiff, inter alia, is that he took rent of the suit property from one Md. Amin from January 1968 and had been in occupation of the sui..Category: Property Law | Date: | Hits: 41
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......1950-51, that the land in suit measuring .13 acre has been leased out on October 14, 1984 to him by the Ministry-of Works for 99 years and thereupon he got the land recorded in his name and paying rent, that he has erected pukka latrine and transplanted trees and is enjoying the land so, leased ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... the disputed land gradually alluviated to the adjoining plot No. 585 belonging to these defendants. The defendants possessed the suit land and later on they took pattan of the suit land from different landlords and the plaintiffs were never possession of the suit land. 4. Leave was grant..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ies as abandoned property and in that state of the matter the appellant prayed for return of the money but the same was not returned to the appellant. The appellant as allottee having had not paid rent a certificate case was initiated against it. The appellant challenged legality of the certific..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....ppellate Court after hearing the parties observed; "The learned Government pleader has argued that to obtain opinion of various authorities concern before filing an appeal sometimes may reasonably be expected to elapse. Specifically the learned G. P. has mentioned that the Ministry of Land wanted th......-8 as the sons of Akmal Hossain and their uncle Amzad Hossain plaintiff No.9 and plaintiff Nos. 11-16 as the heirs of Ansar Uddin inherited 75.60 acres of land and possessed the same on payment of rent and they were under the impression that the said land has been recorded in their names but subs..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......harubala who settled 41 decimals of land (including the land in suit) to one Taiyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he possessed the land on payment of rent to the Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 ..Category: Property Law | Date: | Hits: 48
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......decree for permanent injunction restraining Biswajit Dutta (Bhulu), the defendant No.1 in the above suit, from transferring the property of the deity, the plaintiff No.1, to anybody else, realizing rents from the tenants thereunder, disturbing his functioning as the shebait of the property of the ..
Category: Civil Law | Date: | Hits: 111
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....ltimately, having had noticed the decision reported in 55 DLR (AD) 125 submitted that he feels difficulty to proceed with the appeal. The learned Advocate by submitting so has acted in a manner as is expected of an Advocate appearing before the highest Court of the country. In the background of t......e the Court of Magistrate, 1st Class, Tangail on December 31, 1994 alleging, inter alia, that he, his brothers and sisters inherited land measuring 4.59 acres and enjoying the said land on payment of rent, that the opposite parties i.e. appellants herein and 8(eight) others, showing the complainant ..Category: Criminal Law | Date: | Hits: 48
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......court upheld the decree not on bona fide requirements but on the ground of default and did not consider the question of bona fide requirement. So the findings in this regard cannot be termed as concurrent, even then the plaintiff failed to prove that the defendant tarnished the image of the cinema h..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......n knowledge mat for non-payment of loans taken from State-owned banks, the national economy has been badly affected. One of the functions of Union Parishad is to help collection of government dues, rent and taxes. Besides, members of the Union Parishad are directly involved in financial transact..Category: Election Law | Date: | Hits: 124
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ...... In the revision taken by the appellants against the aforesaid judgment and decree, the learned Judges of the High Court Division found in the impugned judgment no reason to differ from the concurrent finding of the courts below (as to the invalidity of the notices served in 1973). Defendant-app..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....contesting respondents in their affidavit-in-opposition in spite of a specific direction in that behalf. The High Court Division would have been justified in taking the view that the Government was expected to be upright and fair in dealing with a citizen's property and the very fact that the Mini......of .66 acres and in 1955 to the extent of 6 acres by registered Sale Deeds and since then she had been enjoying and performing acts of ownership and possession by residing in the house and paying rents and taxes to the Government and other local authorities. The husband of the appellant was a po..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
.... of the Bengal Supreme Court, then it must be said that much water has flown by in the Buriganga ever since then. The country is governed by a Constitutional Government and the minimum norm that is expected of the persons participating in the Administration is to keep harmony in the dealings int......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......pellant was elected as the Chairman of a Union Parishad. His opponent's election petition being allowed by the Election Tribunal, the appellant preferred appeal before the District Judge. By different orders the District Judge transferred each of the appeals to the Additional District Judge for ..Category: Election Law | Date: | Hits: 125
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......ir case. Government contested the suit and filed written statement stating that the suit land is ‘beel’ which is not retainable under section 20 of the State Acquisition and Tenancy Act and the rent receiving interest of this landlord namely, Bhabanipur Estate was acquired. Respondent Nos. 2..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......ession of the said lands, the plaint reads, they transferred aforesaid well-demarcated .2125 ajutangsha land from C. S. Plot No. 17 to defendant Nos. 1 and 2 by two registered deeds i. e. lease and rent sale deeds dated 4.1. 54 and 5.1. 54 and possession was delivered to the transferees. The afore..Category: Property Law | Date: | Hits: 32
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....hat the number of culprits mentioned was such as would be required for an attack of the kind which is the subject matter of the proceeding (2) that the persons named as culprits were such as would be expected to join in the attack. Having regard to the facts of the present case it may be observe......g factor is whether substantial justice has been done by the trial Court. Its faulty judgment is not a ground for interfering with the acquittal. The fact that on reapprisal of the evidences a different conclusion could be reached is also not a ground for interference with acquittal. On reading ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......n defendant No. 3 describing herself as Managing Partner filed Civil Revision No. 336 of 1985. The battle was fought mainly on the ground that the defendants were not defaulters. They used to deposit rent in bank of the plaintiff with Eastern Banking Corporation (now Uttara Bank as was arranged). ..Category: Criminal Law | Date: | Hits: 47
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......registered kabala dated 21.4.1951, and put the appellant in possession thereof, and since then the appellant has been in peaceful possession by making certain pucca constructions, and on payment of rents along with his co-sharer tenants to the landlord and thereafter to the Government after the ..Category: Property Law | Date: | Hits: 33
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... a portion of the property under agreement for lease. Similarly the agreement (Exhibit 1A) provides that the first party, namely, M. A. Sabur will provide accommodation, to the second party free of rent in a house belonging to M. A. Sabur, in West Bengal. The second party was given the authority t..Category: Property Law | Date: | Hits: 32
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