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.... substance of these is to the effect that the property belonged to a Waqf Estate, which was created in 1864 and 1877 and, therefore, it could not be the subject matter of acquisition. Moreover, it is claimed that the legal notices issued under the provisions for acquisition were not properly serve......Petitions)—For the Respondents-RAJUK.
Writ Petitions No. 8065 of 2006 & 4116 of 2007.
Judgment
Md. Imman Ali J. - Both these Writ Petitions concern a piece of land, which was acquired for the purpose of development of residential areas by RAJUK in LA Case No.138/61-62. In Writ Petiti......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....have to be paid to them and also asked to keep the fact secret, otherwise the informant should face dire consequence; that subsequently whenever the law and order situation has improved the informant claimed back his money from the accused, who had then arranged to arrest him by police and subsequen......2 discharging the petitioners from charge should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. After issuance of the rule the informant Arup Ratan Mandal filed an application for adding him as opposite party No.2 in this case. A......o them and also asked to keep the fact secret, otherwise the informant should face dire consequence; that subsequently whenever the law and order situation has improved the informant claimed back his money from the accused, who had then arranged to arrest him by police and subsequently he came to kn..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....f the suit property with the defendant on 4.9.2002 fixing the consideration money at Tk. 2,96,00,000/- and paid Tk. 10,00,000/- as advance. This shows on the very face of the averments and the relief claimed by the plaintiff, objective standard for valuing the suit was readily available. But the pla......4 returning the plaint shall not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted the suit praying for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defend...... Subsequently, the plaintiff agreed to purchase the suit property and an agreement for sale was executed on 4.9.2002 in between the plaintiff and the defendant. Plaintiff paid Taka 10 lacs as earnest money to the defendant, the constituted attorney of the heirs of the original allottee, Mr. Saifuddi..Category: Property Law | Date: | Hits: 85
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
.... and there was a separation of Khatian on the basis of the impugned deed and after the death of Santa Kumar Kuri defendant inherited the property and possessed the land concern as before and that the claim of the plaintiffs is false and defendant prayed for the dismissal of the Suit. 4. The learn......ass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Title Suit No.296 of 1994 before the Senior Assistant Judge, Sadar, Noakhali stating that within District Noakhali under Sudhara......ed deed was a genuine one and Santa Kumar Kuri on getting possession over the said land made homestead therein and possessing the same within the very knowledge of the plaintiffs and that Armada took money many times from Santa Kumar Kuri, father of the defendant and that Armada died during the war ..Category: Civil Law | Date: | Hits: 103
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....s that the police had falsely implicated the appellant, or that there was any sort of enmity between the appellant and P.W.4. The defense also did not make out any such case, except the appellant’s claim to be innocent. Therefore, it has been clearly proved that the arms and weapons were recovered......o- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers Involved: Nahida Yasmin, Advocate - for the appellant. Salma Rahman, Assistant Attorney General - for the respondent. Criminal App......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....5. Haricharan one of the sons of Vagaban Chandra Gope died leaving two sons in Kartick Chandra and Maran Chandra who became the owners of 1.27 acres of land in this Plot No.605. That the plaintiffs claimed partition of their 1.40 acres of land in Plot No.605 to the defendants, but they refused and...... Quiyum, Senior Advocate instructed by Haridas Paul, Advocate-on-Record—For Respondent No.4 (In both the cases). Respondent Nos.1-3, 5-33 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos. 797-798 of 2010. (From the judgment and order dated 23.11.2009 passed by......t No.364 of 1980 against the heirs of A. Kadir which was subsequently renumbered as Title Suit No.169 of 1981, for getting the said land re-conveyed and got decree. The heirs of A. Kadir withdrew the money deposited by Nuruddin Bhuiyan from the Court. After getting return of the said land Nuruddin B..Category: Property Law | Date: | Hits: 72
....nd obtained Rule and stay, which are still pending. The petitioner filed an application before the Deputy Commissioner to accept rent for the year 1417 BS, but no step was taken in this regard. The claim of the petitioner that as per Nitimala, 2009 the respondents invitation for application for le..........................Petitioner
Vs.
Government of Bangladesh and others...............................................Respondents
Judgment
March 30, 2011.
Result:
The Civil Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Rafique-ul Huq, Senior advocate instruct......ner for the years 1416 to 1420 BS and the lease was concluded by payment of rents, execution of lease deed and delivery of possession. After taking possession, the petitioner invested huge amounts of money in the fishery undertaking the development scheme with the view to catching fish in the final ..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....cept the provisions of this Act, no question shall be raised before any Court or authority about any pending proceeding in the Artha Rin Adalat, or its order, Judgment or decree, and if any relief is claimed or prayed before any Court or authority ignoring the provisions of this Act, no Court or aut......y the Order No.24 dated 28.9.2003 passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed T......return the title deeds to the mortgagor who happens to be a lady. Bank filed Artha Rin suit in 1992 against the principal borrower, a company, the lady as mortgagor and others for realization of loan money advanced to the defaulter company in which it was found that further charge was created on the..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....mplaint Case bearing No.14 of 1965 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 (hereinafter referred to the Act, 1965), praying for reinstatement in his job. It was claimed by the petitioner that the writ respondent Nos.2 and 3 hatched out a conspiracy to create a ....... Mahmuda Begum, Advocate-on-Record—For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record—For the Respondent Nos.2 and 3. For Respondent Nos.1 and 4—Not represented. Civil Petition for Leave to Appeal No. 962 of 2011. (From the judgment and order dated 8th December, 2010 passed......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...Category: Labour and Industrial Law | Date: | Hits: 183
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....ance of succession certificate in their favour. 4. The opposite party No.1 contested the case by filing written objection. This opposite party No.1, however, did not raise any objection as to the claim of the petitioners in respect of the schedule-'Ka', 'Kha' and 'Ga' money. But in respect of sc...... Lawyers Involved: Israfil Hossain, Advocate instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Petitioners. Khaled Ahmed, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.214 of 2010. (From the judgment and order dated 21.10.2009 passed by the H......g behind one wife Mst. Nurunnahar the opposite party No.1, mother Mst. Rabeya Khatun and father Sheikh Moqbul Ahmed the petitioners as his only heirs. At the time of his death Sheikh Sharif Ahmed had money deposited in several bank accounts described in schedule-'Ka', 'Kha' and 'Ga' to that applicat..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... erstwhile Upazila Magistrate. Kalkini in the District of Madaripur, under section 488 of the Code of Criminal Procedure against her husband, the opposite party before us, namely, Md. Mojibur Rahman, claiming maintenance for herself and her son aged about 15 months, alleging that the opposite party ...... the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. Facts necessary for the purpose of disposal of this Rule are as follows‑ The present Petitioner Meher Negar on ......rdinance, 1985 it becomes crystal clear that the proceedings before the Family Court shall be absolutely civil in nature and a decree passed by such Court shall be mated as a civil decree passed in a money suit or in any other class suit. On the other hand, under no stretch of imagination it can be ..Category: Family Law | Date: | Hits: 215
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....se the assessment of the assessee on the basis of income received and expenditure incurred in Bangladesh and the Tribunal held that the Authorities below were justified in not allowing the assessee's claim to expenses incurred outside Bangladesh. 12. The assessee has filed these reference applica......f Taxes, Chittagong in Income Tax Appeal No. 151/Coy‑II/86‑87 allowing the appeal. 2. The Deputy Commissioner of Taxes disallowed expenses incurred by the applicant outside taxable territories for conducting their business in Bangladesh by artificially linking the expenses with the income ear......accruing or arising whether directly or indirectly through or from any business connection in the taxable territories or through or from any property in the taxable territories or through or from any money lent at interest and brought into the taxable territories in cash or in kind or through or fro..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....r conduct and honest behaviour of his staff and coolies while working on property containing Govt. goods. 10. * * * 11. * * * 12. The Contractor shall indemnify the Government against all claims for compensation by or on behalf of any workman (cooly or labourer as the case may be) empl...... holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal proceeding being G.R, Case No.242 of 1976 before the Summary Military Court, Sadar, Noakhali is pending, where the two appellants along with Mur......r that an offence may be said to have been committed thereunder it is necessary that a holder of a public office named therein or a public servant has obtained or attempted to obtain some property or money by illegal or corrupt means or by otherwise abusing his position. It is immaterial whether t..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....e said Kabuliyat was disbelieved as not a genuine transaction. The learned Subordinate Judge also could not place any reliance upon the Dakhalias, Ext.4 series, produced in support of the plaintiff's claim of settlement, and negatived the plea of such settlement. On the question of possession, the l......inst a judgment of a Bench of the Dacca High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......ate, intruded by H.C. Panday, Advocate-on-Record—For the Petitioner. Nizamuddin Haider, Advocate, instructed by M. R. Khan, Advocate-on-Reeord—For the Respondents No.1 and 2. Civil Petition for Special Leave to Appeal No. 173 of 1977. (From the Order dated 3-6-77 passed by the High Cou...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....edecessor-in-interest of Respondent Nos.1 to 6 for partition on declaration of title. 2. Plaintiff, Mainuddin Chowdury, instituted the suit for partition of a piece of land measuring .40 acre, claiming a share measuring .08 acre therein, on the allegation that the said land belonged to one ......vocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petition for Special Leave to Appeal No.28 of 1977. (From the Judgment and Decree dated 23-6-76 passed by......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....re under The East Pakistan Finance Act 1967 (Act No.XVII of 1967) with effect from 1374 B.S. Respondent No.2, in reply to the appellant's letter asked the appellant to get all the payments of rent as claimed by him noted by Tahshilder on production of Chalans and to pay the subsequent dues upto 14-4......vil)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 19......3 are quoted below:—
"3. (6) "landlord" means a person immediately under whom a tenant holds, and includes the Government.
(13) "rent" means whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use or occupation of the land held by th..
Category: Property Law | Date: | Hits: 114
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....আইন, ২০০৫ (the Act of 2005) as being ultra vires to the Constitution being in violation of Articles 27, 29 and 31 of the Constitution. The petitioners in their respective writ petitions claimed that they were Lecturers, Assistant Professors, Associate Professors and Professors of the J.....................Respondents (In all the cases) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 (AC) 374. Lawyers Involved: Abdul Matin Khashru, Senior Advocate, ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....(1) Safarun Nessa (2) Ayeb Ali (3) Amsory Bibi alias Adorer Nessa (4) Jobirar Nessa alias Soborer Nessa, sons and daughters of Mohor Ali and CS record was prepared in their names accordingly and they claim the suit land by inheritance from Jobirar Nessa alias Soborer Nessa and purchase measuring L.0......s Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For the Appellants. None appears - For the Respondents. Appeal f...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....to respond and did not repay resulting in accumulation of payable dues along with the interest which stood at Taka 5,09,340.50 on 31-7-1990. So the plaintiff had to file the present suit on 21-8-1990 claiming the said amount together with the interest at the rate of 20% to be calculated till realiza......rned Subordinate Judge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contend......Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contending that the defendant N..Category: Civil Law | Date: | Hits: 116
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