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Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
.... was registered and that the subsequent reconveyance was fraudulent and collusive intended to defeat his statutory right of pre-emption. In his written objection to the pre-emption application it was claimed by the pre-emptee that the transfer by Abdul Bari Khan to his nephew was not followed by del......er the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Divisio......he finding that the suit for cancellation of the sale-date is collusive except the fact that the vendor and the vendee are close relations—uncle and nephew. Case of the vendor is that consideration money was not yet paid by his nephew nor possession of the land was delivered and that in such a pos..Category: Property Law | Date: | Hits: 77
....industrial unit of M/s. Md. Masood Reza Group of Industries. Further, the entire master was being examined by the Government and they have no mala fide intention to frustrate or defeat the legitimate claim of the respondents No.1 to 3.
8. The appellant’s contention was that since they took over......ndent No.1 to 3 who are partners of the registered firm named and styled as M/s. Masood Reza and Co. (hereinafter referred to as "the firm") filed an application under Article 102 of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....cited the case of Jagadish Narian Vs. Nawab Said Ahmed Khan, (1945) 50 CWN PC 477. The principle, though elementary, is no doubt important but when the very foundation of the plaintiff-respondent's claim has totally been denied by the defendant-appellant who dismissed the kabuliyat as a fraudulent....... Hossain, Advocate-on-Record - For respondent Nos. 1 & 2. Syed Sakhawat Ali, Advocate-on-Record – For the respondent No. 7. Judgment Fazle Munim CJ. - This appeal arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant,......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....) 108. The learned Counsel lastly submitted that the Estate is a public Waqf without any instrument to govern appointment/succession of Mutwalli, family members of the last Mutwalli having no special claim to the office in preference to any other, High Court Division has erred in terming such others......ord- For the Petitioners. Rokanuddin Mahmud, Senior Advocate, (A.K.M. Zahirul Huq, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Civil Petition for Leave to Appeal No.1398 of 2003. (From the judgment and order dated 25th May 2003 passed by t...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....at all. Once a relationship of landlord and tenant is pleaded by the plaintiff the landlord cannot be thrown out of the Court of Small Causes on the plea of tenant’s title on which the landlord’s claim does not depend.” 10. In the instant case the tenant does not claim title for himself rat......ty. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for ejectment of tenant. 2. Landlords Rabiul Alam and Zobaidur Rahman are the petitioners before ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......ivil Revision Case No.29 of 1972) Judgment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser ...... 2. The principal view taken by the learned Single Judge is that after the acquisition of rent receiving interest on and from 14th April, 1956, no rent suit could be filed by the rent receiver, only money suits could be filed for realising the money due as arrear rent and in that regard followed th..Category: Property Law | Date: | Hits: 60
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
....challenge. 2. All that need be said in this appeal is that the plaintiffs instituted, a suit for permanent injunction and prayed for temporary injunction. The defendants and the plaintiffs both claim title to the land by purchase and their rival purchase is in dispute. It being a suit for perm......ession granted, temporary injunction and directed early disposal of the suit and this order is under challenge. 2. All that need be said in this appeal is that the plaintiffs instituted, a suit for permanent injunction and prayed for temporary injunction. The defendants and the plaintiffs bo...... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....however, submits that Ext. A as has been termed by the learned Single Judge as "nothing but a forged and fabricated document. This is my opinion, has seen the height of the day only to counteract the claim of the plaintiff based on a document of purchase Ext. 1 dated 27.5.68 is an opinion arrived ......ngail in Other Class Appeal No. 30 of 1974, affirming the judgment and decree dated 30th August, 1974 passed by the Second Court of Munsif Tangail in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit f......e deed was executed and registered in favour of the plaintiff, Sonaullah had no saleable interest. In the additional written statement filed by the defendants it was stated that Moizuddin brought money suit No.8 of 1968 in the second Court of Munsif at Tangail against Sonaullah for realisation..Category: Property Law | Date: | Hits: 79
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....n certificate to carry on its business and more importantly, as it had imported raw materials for manufacturing which has already arrived at the airport and were awaiting for clearance. Since these claims of the VAT authorities remained unresolved, the VAT authorities asked for security by way of ......0 on 4-2-10) Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner Nuvista Pharma Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the direct formal demands made by the respondents in violation of section 55 of Value Added Tax Act 1991 Annexu......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....es within the purview of definition of establishment/industry as incorporated in section 2 of the Industrial Relation Ordinance, 1969. He submits that the petitioner miserably failed to establish its claim of non-profit voluntary organization by any evidence either oral or documentary. Furthermore......e petitioner is also registered with the Department of Social Welfare, Government of Bangladesh. The respondent No.1 is the Chairman of the Chittagong Labour Court while the respondent No.2 was the former employee of the petitioner. The respondent No.2 was appointed on 1-2-1998 and worked in diffe......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
.... "Moreover the plaintiff, who examined him as PW 1 in his cross-examination admitted that he started to reside in the suit homestead as a licensee under Manindra; further the plaintiff had set up his claim of possession firstly as a licensee under Manindra and thereafter on the strength of the kabal...... 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 DLR 79. Lawyers Involved: Sarforaj Meah with Azahar Ullah Bhuiyan, Advocates - For the Petitioner. Fauzia Karim with Rebaka Su......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
.... the assessment year 1967-68. The assessment in each of the cases was charged under section 23(3) of the Income Tax Act to income tax at the rate of 30% and super tax at the rate of 33%. The assessee claimed a rebate of 5% of the super tax under the provision of paragraph A of Part II of the 4th Sch...... to the Finance Act 1966 in the first three cases and a rebate of 15% under paragraph A of Part II of 5th Schedule to the Finance Act 1967 in the remaining case, read with Article VI of the Agreement for Avoidance of Double Taxation between United Kingdom and the then Pakistan. The claim was rejecte......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......-Record—For the Petitioner. Rafiqul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-3—Not represented. Civil Petition for Leave to Appeal No.1350 of 2009. (From the judgment and order dated 18.03.2009 passed by the ......petitioner, created that transfer deed as a deed of exchange. But in fact the vendor did not get any land by virtue of that alleged deed of exchange. That the vendor received the entire consideration money from the purchaser. That the petitioner, knowing about the sale of the case land, filed the pr..Category: Property Law | Date: | Hits: 93
....er the repealed law; that the Rules of 2000 clearly stipulates that the services of the writ-petitioners shall be counted from the date of their regularization and as such the writ-petitioners cannot claim the benefits of Rules of 1981. The learned Deputy Attorney General has also argued with much e...... Advocate-on-Record—For the Respondents (In Civil Petition No.1490 of 2010).
Syed Mahbubar Rahman, Advocate-on-record—For the Respondents (In Civil Petition No.1798 of 2010).
Civil Petition for Leave to Appeal Nos.1488-1490 with 1798 of 2010.
(From the judgment and order dated 23.08.200...... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381...
Category: Employment/Service Law | Date: | Hits: 133
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....others filed Title Suit No.120 of 1997 against the government, Md. Hanif Uddin, Abdul Majid (the plaintiff of earlier Other Class Suit No.113 of 1995) and Md. Najim Uddin. In that suit the plaintiffs claimed for declaration of their title in 1.50 acres of land of plot No.102 of mouza Rabirmara, P.S.......ent and order dated 19.07.2009 passed by the High Court Division in Civil Revision Nos.1499 of 2004, 2316 of 2007 and 2047 of 2007.) Order Nazmun Ara Sultana J.- All these three Civil Petitions for leave to appeal have been directed against the judgment and order dated 19.07.2009 passed by a S......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...Category: Property Law | Date: | Hits: 68
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......solute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 4269 of 199......he said conveyance deed was followed by another deed of reconveyance registered on the same date i.e. 29.8.1949. In the said deed of reconveyance, it was stipulated that on repayment of consideration money within the month of Poush of any year from 1357-1379 B.S., the plaintiff would get back the su..Category: Property Law | Date: | Hits: 87
....nt and decree are sustainable in law?
9. Let us take up issue No. i, ii, iii and iv together for consideration and decision:-
The plaintiff respondent has examined only one witness to prove his claim. We have gone through the evidence of PW1. It is to be noted here that the instant suit being ......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves:-
অতএব বাদী নিম্মমতে প্রার......nt No. 1 and 2`s transferor entered into a contract on 17.8.1970 with the plaintiff of the instant suit for purchase of the suit land at Taka 3,30,000/-, out of which Taka 33000/- was paid as earnest money. The defendant No. 1 and 2 procured Income Tax Clearance Certificate on 24.12.1970 and the lif..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......ber 30, 2011.
Result:
The Rule is made absolute.
Case referred to-
Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
Probir Neogi, Advocate - for the petitioners.
Abdul Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 ......n and the plaintiff in collusion with each other filed the present suit and created the false sale agreement. He did never execute any sale agreement in favour of the plaintiff nor did he receive any money from him.
4. During pendency of the suit, the principal defendant Surjat Ali died. After hi..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......………………………Opposite Parties Judgment November 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Amirul Islam with Md. Rezaul Kabir Khan Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 678 of 1999......and) only as advance at the time of execution of the sale agreement. It was stipulated that after collecting necessary papers and documents within three months and receiving the balance consideration money, defendant No.1 would execute and register a sale deed in his favour. The plaintiff on several..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....(k) the special conditions and incidents, if any, of the tenancy; (l) any right of way or other easement attaching to the land for which a record-of-rights is being prepared; (m) if the land is claimed to be held rent-free, whether or not real is actually paid, and, if not paid, whether or not......n………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezi......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
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