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Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......r that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he grabbed illegally government land at mouza Narayanpur in plot No. 14, Khatian No. 22 measuring 29 acres. The petitioner challenge...... from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....llip;……….........Respondents Judgment January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a property to the petitioner and there......and has been residing in London for the last 24 years in connection with his business where he owns and runs a restaurant. The petitioner entered into an agreement on 28-2-81 for the purchase of some lands and structures situated at Sylhet which was being used as Sylhet Government Pilot High School ......l J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......ssued by the Sub-Divisional Officer, Sadar, Sylhet (Respondent No.3) and the respondents were called upon to show cause why they should not be directed to restore vacant possession of the premises in question forthwith. 2. Although the petitioner prayed for an ad-interim mandatory injunction di..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......pers on record no where indicate that the authorities applied their mind to the alternative proviso in Rule II before the impugned order was passed. Delegation of power- Whenever there is a question of delegation of power it must be done in specific and categorical terms--It is not permiss..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....;……………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inal......rden in question and that is was taken over by the government illegally and without any lawful authority whereas the government tried to make out a case in their affidavit-in-opposition that the land was resumed in terms of the less for the failure of the petitioners to fulfill their part of th...... pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......;ernment file that was produced before us by the learned Assistant Attorney General. 3. The petitioners in the Rule has although maintained that they had a valid lease for the tea garden in question and that is was taken over by the government illegally and without any lawful authority whe..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....e of its Directors, Mr. Hamidul Huq Chowdhury, petitioners No. 1 and 2 respectively and was issued calling upon the respondents to show cause, why they should not be directed to forthwith restore the possession of Neerala Tea Garden with all movable assets to the petitioners and not to interfere wit......ea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition that the land was resumed in terms of the lease for the failure of the petitioners to fulfill their part of t...... No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......he Government file that was produced before us by the learned Assistant Attorney General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whe..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....ant No.1 in his written statement denied all the material allegations made in the plaint contending, inter alia, that the plaintiff is a stranger to the property, having no right, title, interest and possession of the land in suit. It was further alleged that the suit land originally belonged to Gou......hi the plaintiff as grand-son of Gour Majhi and defendant No. 2 Jagadish as his son became the heirs of Gour Majhi in equal shares. The plaintiff and the defendant No. 1 have been possessing the suit land, jointly as co-sharers but due to some difficulties the plaintiff requested the defendant No.1 ......hmat Dasi................................Respondent Judgment January 7, 1982. Result: The Appeal is dismissed. Cases Referred To- Seshammat Vs. Kuppanatyyangar, reported in A.I.R. 1926 Madras, at page 475. Lawyers Involved: Md. Fazlul Karim—For the Appel......the court erred in law in arriving at finding of fact on a consideration of irrelevant evidence. 5. In the instant suit there was no dispute that Gour Majhi was the original owner of property in question. There was also no dispute that there existed a person called Nagar Mondal, the father of t..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......with the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......eration of Bangladesh. The petitioners have of course challenged the alleged plea of the respondent No. 4 that he at all participated in the war of liberation of Bangladesh, but this being a disputed question of fact cannot be adjudicated and decided in this writ petition. 3. After the issuance..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ent person under section 90 of the Act to get preemption allowed the application. This is a case where the pre-emptees in their written objection specifically asserted that the pre-emptor was in possession of lands more than statutory limit and in fact the pre-emptees challenged the assertion o......transfer by pre-emption under section 96 of the State Acquisition and Tenancy Act could be made or in other words whether the pre-emptor-petitioners were the person to whom transfer of the pre-empted land can be made, under section, section 90 of the Act. The learned Subordinate Judge has also taken......isdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………&h......ision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenanc..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....etent person under section 90 of the Act to get pre-emption allowed the application. This is a case where the pre-emptees, in their written objection, specifically asserted that the pre-emptor was in possession of lands more than statutory limit and in fact the pre-emptees challenged the assertion o......r by pre-emption under section 96 of the State Acquisition and Tenancy Act could be made or, in other words, whether the pre-emptor petitioners were the persons to whom transfer of the pre-empted land can be made under section 90 of the Act. The learned Subordinate Judge has also taken exception......This Case is also Reported in:35 DLR (HCD) (1983) 79. ...... Civil Revision No.54 of 1978. Judgment Sultan Hossain Khan J.- This rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-emption under section 96 of the State Acquisition and Tena..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....like other mortgages will be governed by provisions of the Transfer of Property Act…….. (14) It is clear that the redemption of the mortgage when the plaintiff demanded recovery of possession of the mortgaged property, defendant No. 1, who was on the basis of transaction not found......12th day of June, 1963 in Title Suit No.18 of 1961. Judgment M.H. Rahman J.— Plaintiff-respondent filed a suit for declaration of title and for recovery of khas possession of the suit land after evicting the defendants therefrom. 2. Admitted case of the parties is that the suit-...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....nsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1......ash; This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged......) (1982) 51 ...... personal right and hence not enforceable by the heirs of the transferor, was erroneous, being contrary to law in the facts and circumstances of the case and hence need be set aside. 6. The only question of substance that arises in the instant case is whether it was legitimate for the court of ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ...... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......cts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......pondents have noticed that time Enquiry Officer after considering the explanation and the materials on record that the petitioner received in all 200766 gallons of oils during the period in question, and distributed 1,91,417 gallons of oil, found the balance of 9,349 gallons to have been m..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... and those cases are likely to be few and far between. With the introduction of Honors and LL.M. Courses in the faculty of law in the Universities of our country which were-not there when the Rule in question was framed a situation has arisen which was not obviously in the contemplation of the rule-..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
.... performance of contract the court cannot do so to the detriment of the plaintiff. 6. As has been noticed, the parties had entered into a contract, the price, mode of payment and the delivery of possession were all settled but since the sellers were not willing to perform their part of the cont......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ...... This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......urt, I do not find any legal scope to entertain this review application as maintainable." 4. As against this Order, a revisional application was filed before the High Court Division and the question was whether a decree which is at variance with the prayer made by the plaintiff in the plai..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....e is admissible only when the original is lost or it is beyond the reach of the person asked to produce or beyond the Jurisdiction of the court. After a notice was duly served upon the party on whose possession and however the document is as required under section 66 of the Evidence Act Bu......suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Office purported to have been executed by the plaintiff on 17.4.70 with respect to 1.25 acres of land was fraudulent and a collusive document. 2. Defendant No.1 contested the suit by filing a ......lip;…………………Respondent Judgment November 6, 1981. Result: Appeal is dismissed Burden of Proof—Presumption of Good Faith in Human Transaction as a Presumption of Innocence in Criminal Matters— The burden of pro......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......nt for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......ng of such war. 13. P.W.2 Haju Mia does not even mention the name of the accused appellant anywhere in his evidence, farless about his activities. P.W.3 Nurul Islam in answer to a question from the Court stated that accused Saad Ahmed was a lawyer and Chairman, Peace Committee. W..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......gned by the mother for herself and for her minor daughter Chilia Randolph and the defendant 3 the step-son of defendant 1 signed the contract on his own behalf. This contract contained schedule of land to be sold and recital of payment of Tk. 2.000/- and the signatures of defendant 1 and 3 and t...... order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......ne and it can and ought to be enforced against the defendants 1 and 3 in respect of their 2/3 rd share in the property. The High Court Division in a lengthy judgment unnecessarily raised certain questions which were never at issue at the trial nor considered by the Courts below. The learned Si..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......pressed require no revision, except that it should be construed the way I have tried to explain. 15. It would not be out of place to mention some decisions from the sub-continent, America and England to see how far an Order of a military Court has been interfered with in those jurisdictions. ...... execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......ere in pursuance of any lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well a..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....laced by Memo dated 5.7.79 is not applicable to the present scheme. All legal formalities have been observed in the requisition proceedings and the lands have been acquired for public purpose, vacant possession of the land in question has already been delivered to the requiring body on 7.12.79. Befo......nd 135 of 1980, 65 & 96 of 1980, 155 of 1980. Judgment Mustafa Kamal J.—These eighteen Rules under Article 102 of the Constitution were obtained by persons owning various plots of land in Mouza Ramchaadrapur under P.S. Mohammadpur, district Dacca, challenging requisition notices ......d till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......second group comprises of Writ Petition Nos. 65/80 and 96/8. The third group comprises of Writ Petition No. 155/8. 3. These three groups of writ petitions were heard consecutively and, as common questions of facts and law are involved in all of them, they will be disposed of by this single judg..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
....... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......on first of March 1975 and there was a high tide and fog when the flat and the tug ran aground. The learned Advocate for the petitioner has referred to us the certificates of survey of the vessels in question wherein it is seen that the vessels were permitted to ply only at day and not at night in s..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
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