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Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
.... respondent No.1, as plaintiff, filed the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S.......d. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....aving wide range of business experience in various files and gained experiÂence goodwill, reputation and honor in the business circle both at home and abroad; that the petitioner No.1 is the founder owner of the New Star Electronics based at Dhaka and the Sponsor Director of Exim Bank Limited and t......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....the rule absolute in part and dischargÂing the Rule in Writ Petition No.5350 of 2000. 2. In Writ Petition No. 6140 of 2000 the case of the writ petitioners, in short, is that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to C.S. Plot No.177 of C.S. Kha......………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. havÂing its office at Tikatuly & others ……………………Respo......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....celerator of the car but he was also shot. The car could not go very far. After the accused left the place of occurrence, informant's brother-in-law (Bhashur) Liaquat Ali, Md. Babul Akhter and the owner of the neighboring studio one Asad took the deceased in a scooter to Surhrawardi Hospital for......vocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....t. 3. The defendant Nos. 1, 3, 4, 6, 9, 10, 12, 22, 23, 47, 48, 49, 68, 69 and 2(Ka) contested the suit by filing written statement contending, inter-alia, that Mukti Miah was the original owner in possession of the suit land which fell in the category of homestead. Mukti Miah died leavi...... Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Parti......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....overnment on July 15, 1978 transferred 12 Tea Estates to the appellant which also includes the above mentioned Tea Estate and the appellant by the aforementioned agreement became the absolute owner in possession and control of the estate. The appellant came to know that on April 22, 1998 th...... CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers I......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... of law, can claim for recovery of possession under Section 9 of the Specific Relief Act and even the trespasser has the right to maintain his possession against all the world, except the rightful owner, he can sue for ejectment and recovery of possession from any person who subsequently disposs......Civil) Present: Muhammad Fazlul Karim J Md. Joynul Abedin J Md. Suruzzman.....................................................Petitioner Vs. Md. Ahamed Ali and others........................ ...........Respondents Judgment May 22, 2007 ......s the right to maintain his possession against all the world, except the rightful owner, he can sue for ejectment and recovery of possession from any person who subsequently dispossessed him. Prior possessor can eject the subsequent trespasser. 6. In the instant suit for recovery of the po..Category: Property Law | Date: | Hits: 51
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... plaintiff No.1 as heir. In this way plaintiffs acquired 12 annas share in the suit property and they subsequently sold some land to other persons. Their further case is that Bodillah was also the owner of the 'Kha' schedule land of the plaint and the plaintiffs being the heirs of Bodiullah inhe......ngly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... for specific performance of contract on the averments that late Noor Ali Akunji, the defendant No. 1 in the above suit and the predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agr......DLR (AD) (2008) 14. ......session, though the requisite legal document has not been executed, the position is the same as if document had been executed against all who want to threaten or disturb the possession of such possessor. 17. In the case of Haq Brothers vs Shamsul Haque 39 DLR 290 it has been held t..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
.... the learned Additional District Judge considered this aspect of the matter; it is the settled principle of law that a trespasser cannot maintain a suit for permanent injunction against a rightful owner; both the Courts below misread the provisions of Article 42 of the Constitution of the People......Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....8), Section 5(7) Once the property is acquired and gazette notification is published under section 5(7) of the Emergency Requisition of Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve...... DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ner then it will be a case where the petitioner has failed to discharge his onus probandi…………….(15) Declaration as to the fact that the appellant is the only son and heir of the original owner, by the owner himself and such assertion not being made before the magistrate or an affidavit ......ury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Dr. Syed Matiur Rob beÂing dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ......for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....ala in favour of defendant No.1 also remained with defendant No.2. 7. The case of the contesting defendant, on the other hand, is that he purchased the suit land from the admitted owner defendant No.2 by kabala dated 19.09.1969 and got delivery of possession and since then he ha....... Ed. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....tu Mondal's son Gudar Ali relinquished his right in respect of the land of plot No. 837, that Jitu Mondal's one son and one daughter sold their share to their brother Alfazuddin and thus he became owner of 10 decimals of land, that 5 decimals of land was settled by Tares Mondal to Refatullah Mon......0/- Ed. ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....mance of contract the suit is not maintainable and the High Court Division erred in law is not setting aside the decree passed by the Court of appeal below. Further, the Government being the lawful owner having right to sell the property in auction and the plaintiff having right to participate i...... Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. ...... 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. ..Category: Property Law | Date: | Hits: 41
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....guous east of the suit land forming part of Dag No. 490 and it was apparent that the plaintiff had no land or house near about the suit land. In such circumstances it was natural that the riparian owner of the adjoining holding of the suit land would go into possession of any land coming out of ......ourt of appeal below are restored. Ed. ...... 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. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....llegally withholding possession thereof and that as the property is not an abandoned property the Respondent Nos.l and 2 is required to hand over possession thereof to the authoritatively declared owner of the property and as such the Memo, impugned in the writ petition is quite legal since the ......llip;…………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involve......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. ..Category: Property Law | Date: | Hits: 38
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....e Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 decimals of land and out of that 14 decimals were acquired by C & B Department and thereupon he remained owner and possessor of 27 decimals of land. It was further averred that during the war of liberatio......rt Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referr......nt. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 decimals of land and out of that 14 decimals were acquired by C & B Department and thereupon he remained owner and possessor of 27 decimals of land. It was further averred that during the war of liberation he left ..Category: Property Law | Date: | Hits: 48
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....”The generation, transmission, distribution of power; and the conÂstruction, maintenance and operation of power housÂes and grids. Section 11 (1) (c) are in the following terms: "May require the owner of any controlled power generating station in a grid area- (i) to supply to the grid all or......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
.... the High Court Division, Comilla Bench, were right in holdÂing that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-Âemption on the basis of contiguous ownership of the disputed lands would prejudicially affect the responÂdent as it would alter the na......¦â€¦......Appellant Vs. Al-Haj Moulvi Idris Mia…………………………......Respondent Judgment February 6, 1986. Result: The appeals are alÂlowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908)......result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
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