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Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the same day, i.e. 23.4.73 upon the plaintiffs giving 7 days' notice to object to the acquisition of the suit land. The statute requires the concerned authority to give notice of 15 days to state the owner's objection. But in the notice served on 23.4.73 the plaintiffs were asked to file their objec...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ......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. ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
.... Khatian No. 390 of Mouza Shahar Dhaka in 1951 to the extent 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 o......hahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. Res......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....rchaser, under section 4 of the Partition Act and read with section 44 of the Transfer of Property Act. 3. Defendant No. 1, alone contested the suit. His case was that Bedu Shah was the original owner of the suit land. He died leaving two sons, Hadu and Nadu, and a daughter, Modina. Hadu Shah d......o reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....given under the relevant sections. 9. In an Allahabad case 1919 Criminal Law Journal Vol. 20, P. 218 the facts are that a sheep intended for sacrifice at the Id escaped and strayed away from its owner and was captured the next day by the accused, who was a constable. The latter instead of sendi......3 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....r of injunction. 7. The High Court Division relied upon some decisions in which it has been said that a person in wrongful possession of property is not entitled to be protected against the lawful owner by an order of injunction and then a trespasser also is not entitled to perpetual injunction...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Belayet Hossain.......................Plaintiff-Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunct......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
..... 2085, which is included in the Khatian constituting the holding transferred. The learned Munsifs view on this point is quoted below: "But the C.Ps. contend that their father Nurul Islam is the owner of the disputed plot No. 2085 by inheritance. But co-ownership of a disputed plot without bein................................ Appellants Vs Akhtaruzzaman & Others ..................Respondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
....in Order 6, rule 17 of the Code of Civil Procedure and on the judicial authorities propounding the principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying f......ate, with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1.
Respondents No.2-4 - Not Represented.
Civil Appeal No. 54 of 1977
(From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgme......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....filing a written objection contending that the application for attachment was not maintainable, that the lighterage vessel was not liable to be attached before judgment, as Appellant No.1 was not its owner and if was being utilized by the Appellants on the basis of an arrangement with another foreig......d in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....ption under sub-section (1) is made by one or more co-sharer tenants, all other co-sharer tenants of the holding shall be made parties but when the application is filed by a tenant claiming to be the owner of contiguous land to the land transferred, all co-sharer tenants plus all the tenants holdi...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....ation about recognition. But there is no total denial to make his statement a contradictory one. His statement in-chief is positive. 11. We now turn to the evidence of P.W.8. He is a Pan Shop owner near the place of occurrence and he identified Moyez. On 16.3.67 he was coming from Bazar thro......is Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru......s no locus standi to be added as a defendant in the suit when the right in between the plaintiff and the defendant could be decided in the suit. 5. Admittedly, the petitioner claims to be a possessor is not even a lessee but claims to have applied for the same. Under the provision of Order..Category: Property Law | Date: | Hits: 24
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....k settlement of the suit land by bharatia agreement dated 5-1-1946 and used to run a tea stall there, Bhupal Chandra Bardan gave 'Bondabosta' of the suit land to Haran Chandra Das and the original owner of the suit land Kulsum Banu recognized Haran Chandra Das as a tenant under her and she reali......ohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... land in suit by the plaintiff and Shafion Nessa being documents more than 30 years old can be considered genuine, that defendants did not file paper to show that Rahim Boksha Bepari was the owner of the entire land i.e. 1 decimal of land, that the defendants also claimed that Haji Jalilu......is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... four daughters i.e. the eleven share-holders of the Company, as his heirs and successors-in-interest and these share-holders of the Company inherited the land described in the schedule as absolute owners. As identity of owners of the Company and the land in schedule was same, the land was trans......fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....Dablu at that time. She was, however, contradicted by the I.O. P.W. 2 and 3 came after the occurrence. It is Nurul Islam who not only witnessed the murder but sustained injury on his chest. He is the owner of the Ice factory. He gave the vivid description and the manner of occurrence. He suited that......M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is allowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of ac...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....The Penal Code, 1860 (XLV of 1860), sections 302/34 There are several neighbours to the place of occurrence who could have been natural witnesses about the incident, but they were not examined. The owner of the house where the murder was committed is not a witness to the case. There are serious co......ed in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....Rahman, which is Plot No. 3834/4168, but the incident took place in the nearby Plot No.3833/4166 which had been purchased by appellants Ramjan Ali and Lokman Ali, sons of appellant Budhai, from its owner, Mahamaya, 3 years before the incident and was in their possession, that they grew Irri paddy ......d.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....respondent Nos. 7, 8 and 9. Their case is that in the auction-sale m 1937 only 1/3rd share of the suit land was purchased by Radha Ballav which was the share of Jugal Chand, one of three original owners. This 1/3rd share was purchased back by Jugal Chandra's son Jadhulal himself by the registere............................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plainti......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....e by the added defendants Nos. 5-11 who claimed to have taken lease of the suit land from the Vested Property Authorities. The common defence is that all the six sons of Shashi Bhusan, the original owner of the land, had migrated to India immediately after the Partition of the country in 1947 an...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....demanded rent from the defendant upon occupying the entire holding and the defendant in order to avoid trouble paid him money in lump sum. After death of Abdul Kader Sarder in 1956 nobody claimed ownership of the suit holding. Thereafter somebody demanded rent as representative of the heirs of l......s. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and in view of the findings made by the trial court that the defendant was a tenant under th......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27..Category: Others | Date: | Hits: 96
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