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Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
.....74. It was stated that during the pendency of the said writ petition in pursuance of the Government decision to release/return/hand over the specialised textile mills to the Bangalee share-holders/owners the Bangladesh Textile Industries Corporation issued a Public Notice on 10.8.77. asking the ...... Chowdhury J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....endant Nos. 1-3 and 7 contested the suit by filing a joint written statement contending, inter alia, that defendant No. 1 as tenant started business in the suit premises and paid rent to the original owner Abdus Sobhan and after his death to his successor plaintiff and defendant Nos. 9‑12; that de......6 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
.... The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 8B Natural Justice After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred t...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Tru......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....down an acquisition notification. 2. In their Writ Petition before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant northern......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Responde......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
.... 2. Claiming that the house property at 2/11 Block 'A', Sir Syed Ahmed Road, PS Mohammadpur, Dhaka was the subject matter of an agreement of sale or 7.1.71 between Dr. Sadrul Hasan, the then owner thereof and the petitioner and further claiming that the petitioner obtained an ex parte decr......vil) Present: M H Rahman J ATM Afzal J Mustafa Kamal J. Hosne Ara Begum.............................Petitioner Vs. Chairman, Court of Settlement and another …………..Respondents Judgment May 19th, 1991. ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....medy, if any, can only be obtained by respondent No. 3 in a suitable case; free access of air and light to the rented premises cannot be claimed by a lessee without the active participation of the owners of the building in question; that pursuant to the conditions put forward by the respondent N......in J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. Th......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....session No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possessio......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Po......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer availabl......hul Amin J Md. Tafazzul Islam J Harendra Nath Mahali…………………………… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. ...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....dgment March 14, 2006. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 96 If by reconveyance, right, title and interest did not vest with the original owner, in that case the transaction of reconveyance would be treated as a sham and colourable tran...... Ed. ....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
.... 3. The suit was contested by the defendant Nos.1-5 by filing joint written statement denying the material averments made in the plaint and stating, inter alia, that Afazuddin Mia was the owner and possessor of 2.50 acres of land of plot No. 7825 in mouza Musapur and in his name DS Khat......st of Taka 5,000. Ed. ......3. The suit was contested by the defendant Nos.1-5 by filing joint written statement denying the material averments made in the plaint and stating, inter alia, that Afazuddin Mia was the owner and possessor of 2.50 acres of land of plot No. 7825 in mouza Musapur and in his name DS Khatian No. 23..Category: Property Law | Date: | Hits: 51
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....ns had been a tenant in respect of the premises measuring 106 square feet at No. 11, Bangabandhu Avenue, Dhaka (1st floor) under an agreement of lease dated 1-3-1967 entered into between the original owner of the said property, namely, Yakub Ahmed and brothers and the petitioner's father, After libe...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Ban......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....rn as monthly tenant by an agreement dated 9-6-1966 for establishing a petrol pump. Burmah Eastern subsequently, leased out the petrol pump to Messrs Haji Hashem and Haji Ahmed Brothers. In 1971, the owner of both Messrs Golden Bengal Tobacco Limited and Messrs Haji Hashem and Haji Ahmed Brothers le...... 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction o......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....ement but where the money mentioned in the receipt is immediately payable and the receipt is presented duly endorsed together with an order to pay to a given individual, the individual becomes the owner of the money upon payment by the Banker or his promise to hold it at disposal of the payee an...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank........................Appellant Vs. Ansarul Hoque and ors................Respondents Judgment April 17, 2004. ...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Banking Law | Date: | Hits: 101
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....; 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favou......in CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Rajdhani Unnayan Kartripakha......................Appellant Vs. Abdul Jakir and others........................Respondents Judgment April 6, 2006. ......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....ight to deal with his property freely, in view of the special statutory provision, bears a clog, this is, subject to right of pre-emption. The statutory provision providing such a right curtailing owner's right to deal with his property must be construed very strictly. The right is allowed to a ......7) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....t prove by any evidence that Shamsuddin has been residing in the case house as a Bangladeshi national after the independence of Bangladesh and therefore, it was difficult to accept that non-Bengali owner resided in the house till 12-6-1974. The previous owner Sk. Shamsuddin was not traceable afte...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others...............ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ..Category: Property Law | Date: | Hits: 77
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....s Case No. 5 of 1986. 2. The appellants instituted Miscellaneous Case for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claiming a contiguous land owner in respect of the case land transferred by respondent No.2 by kabala dated 28th October, 1979...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others.......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... as to why penalty would not be imposed on them for smuggling. The Captain and the crew members replied to the show cause notice denying all the allegations stating that as per instructions of the owner they loaded cargoes with valid documents for different ports and sailed for Colombo via Chit...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.............................. not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....nj, that condemned prisoner's mother and his sister used to stay with the condemned prisoner, that on October 30, 1999 in the morning at about 7-00/7-30 AM the informant (PW 1) was informed by the owner of the house wherein the victim and her husband were staying that Mahmuda Sultana Mammy had d...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....on of the plaintiff amounts to adverse possession. The learned judge did not come to a finding that the plaintiff asserted his hostile title and possessed the suit land within knowledge of the true owner by denying his title. Moreover, the property was enemy property when he purchased in 1985. T......preme Court Appellate Division (Civil) Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and oth......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
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