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Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....lands and that the Government, Respondent No.1, had been threatening to dispossess the appellants from the lands of Schedule A also. 3. The suit was contested by the GovernÂment, Respondent No.1, claiming that the disputed lands were the Khas lands of responÂdent Nos. 2 to 4, the ex-rent receiv......his appeal by special leave is against a judgment of a Bench of the High Court Division allowing a First Appeal against a decree of the trial Court and dismissing the suit brought by the appelÂlants for declaration of their title and for confirmation of possession in some portion of the land in sui......e disputed lands permanently with them by his order dated 8-7-53, which was duly approved by the Collector of Khulna and subsequently also by the Board of Revenue, that Appellant No.1 paid the Salami money and rent to the Government and executed a Kabuliyat on 15-9-53 in favour of the Collector of K..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....ade by the plaintiffs in respect of the said lands in the present suit but the learned Subordinate Judge by a subsequent order dated 5.4.72, passed a decree, under a misapprehension of the plaintiffs claim in respect of the lands, for which there was no dispute and as such there was no prayer in the......ancy Act as amended by President's Orders No.72, 135 and 137 of 1972. 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂ......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the case were stayed for a limited period, which subsequently has been extended from time to time. 3. Dilip Piuri Fike......n of the Society. On 18-10-2006 the accused petitioner No.1 and 3 sold 25.25 acres of land of the Society at Mouza Kandar within police station Mirpur to witness No.1, Saiful Alam for a consideration money of Taka 3,53,50,000 by executing and registering the Sale Deed No.8871 dated 18-10-2006 and ha..Category: Criminal Law | Date: | Hits: 86
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....s such, by this sleeping deed no title was passed. The learned Counsel further submits that Kamrun Nahar has got no locus-standi to file the Title Suit No.29 of 2003 as plaintiff according to her own claim she was no longer the owner of the suit land but her mother Zebun Nahar Chowdhurani was the pr......out of same Judgment let both the Rules be disposed of by this single Judgment. 3. The petitioner here as plaintiff filed Title Suit No.63 of 2003 in the Court of Assistant Judge, Feni Sadar, Feni for declaration that the gift deed No. 6457 dated 25-11-2001 registered with Feni Sadar Sub-registry...... high paid salary. He did not acquire any foreign decree as alleged by the defendants. The father-in-law of plaintiff Dr. Md. Jahangir Alam Chowdhury advised him through different letters not to send money to the brothers of Md. Jahangir Alam and others because they will misuse his money. Then he ad..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
.... 18. It is, therefore, abundantly clear that for each cause of action, whether arises for failure to pay the amount due under a single cheque or for more than one cheque, depending upon the amount claimed there should be a single petition of complaint. In this case, since, in the demand notice th......led seeking quashment of the proceedings of Metropolitan Sessions Case No.793 of 2008 under section 138 of the Negotiable Instruments Act, 1881, arising out of CR Case No.1 309 of 2007, now pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the compla......accused, well within time, as per clause (b) of sub-section (1) of section 138 of the NI Act, and the accused, being the drawer of the cheque, having failed to make the payment of the "said amount of money" to the payee, (the complainant), within 30 days of receiving the notice of demand, as stipula..Category: Criminal Law | Date: | Hits: 86
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......der J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, tha......ct vide memo dated 30-7-1985, of whom, Kazi Golam Hussain was the Chairman and other members of his family are directors including Kazi Zahir Hussain, who was the Managing Director, having in need of money the Board of Directors of defendant No.1 on 3-10-1989 decided to sell suit property and expres..Category: Property Law | Date: | Hits: 78
.... Rin Adalat decreed the suit by judgment and decree dated 14‑5‑02 (Annexure D). It has been contended by the petitioners that the Artha Rin Adalat acted beyond its jurisdiction as the loan amount claimed by the plaintiff respondent bank is not a loan as per definition of sub‑section (2) of Art...... of the petitioner No.1 Trust. The respondent No. 2 Janata Bank, Local Office as plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realisation of Taka 8,64,87,775 as on 30‑6‑01 by selling the mortgaged property impleading t......Gannysons Ltd Vs. Sonali Bank and others, 36 DLR (AD) 146, that once a property vests in the Government under President's Order 16 of 1972 no legal proceedings can be taken against such property. The money decree obtained by Rupali Bank against Dr. Shamim, the execution case thereof and the auction ..
Category: Property Law | Date: | Hits: 173
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ...... Criminal Miscellaneous Case No. 11666 of 2003. Judgment SM Dastagir Husain J. - This application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioners for quashing the proceeding wherein Rule was issued calling upon the opposite party to show cause as......n interrogation of the accused persons the informant came to know that the accused persons had been running Hundi business for long. The inhabitants of District Sylhet residing at London used to send money by illegal way without sending the foreign currency through bank and, as such, hindrance is cr..Category: Criminal Law | Date: | Hits: 70
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....ourts come across in dealing with the properties of citizens by the state functionaries. The owner accepted a paltry award of the Arbitrator for Taka 3,18,216.43 as back as 19‑6-Â91 forgetting his claim for Taka 29,43,695. The owner had to start execution for recovery of the amount. Under the law......esult: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzaman, Advocate- for the Petitioner. AJM Mohammad Ali, Additional Attorney General- for the Opposite Party. Civ...... days. Deputy Commissioner could not accept the award and unsuccessfully moved up to the Appellate Division. 3. Then, on 30‑8‑95 the decree‑holder levied the decree in execution in aforesaid money execution in the Second Court of Subordinate Judge at Dhaka. But the Deputy Commissioner took ..Category: Procedural Law | Date: | Hits: 54
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....at during S. A. and R. S. operation the suit land was duly recorded as khas in the name of Government. The plaintiff-petitioner did not take any step for correction of the record in his name. Now his claim of possession therein cannot be reasonably accepted. The Government leased out the land to dif......der dated 15.7.2003 passed by the Senior Assistant Judge (in charge), Baniachong, Habiganj in Titile Suit No.60 of 2001. By the said order the Senior Assistant Judge-in-charge rejected an application for temporary injunction filed by the plaintiff. 2. Petitioner Abdus Salam Laskar instituted Titl......step for correction of the record in his name. Now his claim of possession therein cannot be reasonably accepted. The Government leased out the land to different persons and has been collecting lease money from the lessees for a long period. The Courts below concurrently held the petitioner to be no..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....’s) reminder. He also approached the plaintiff for the balance consideration money through the local people, but he expressed his inability to pay the entire amount and voluntarily relinquished his claim on half of the land under contract and agreed to purchase only five decimals therefrom. Accord......l No.69 of 1982 dismissing the same on affirming those dated 11.5.1982 of the Subordinate Judge (now Joint District Judge), Second Court, Khulna passed in Title Suit No.319 of 1981 decreeing the suit for specific performance of contract. 2. Plaintiff’s case, in brief, is that defendant No.1, Mo......g to S.A. Khatian No.480, Plot No.3861 within Mouza Bania Khamar, Police Station and District Khulna as described in the schedule of plaint. On receipt of Taka 9,000/- (nine thousand) only as earnest money, he registered the agreement for sale on 8.9.1976. It was stipulated that defendant No.1 would..Category: Property Law | Date: | Hits: 99
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....the learned Sessions Judge framed charge against the accused persons including the appellant under sections 302/34 of the Penal Code by his order dated 30.5.1988, to which they pleaded not guilty and claimed to be tried. Thereafter, the case was transferred to the Court of Additional Sessions Judge,......order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellant under sections 302/34 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand in default to suffer imprisonment for one year more. The ...... body on 5.1.1984 and held post-mortem on the same. They identified the dead body to be of Budhai by his shirt, vest and a photograph taken by the police. It was also mentioned in the ejahar that the money kept with the victim and his wrist watch were not available, when the police had recovered the..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....stating, inter alia, that the opposite party along with his brothers were trying to take forcible possession of the case land (as described in the 1st and 2nd schedules of the miscellaneous case). He claimed title over the case land by way of inheritance from his father Idris Ali and asserted his ex......vision No.67 (1) of 1987 allowing the same and thereby reversing those dated 20.12.1986 passed by the Upazila Magistrate, Bhahubal, Habiganj in Miscellaneous Case No.112 of 1986. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner as first party filed an application unde......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
....ukhlesuddin Ahmed, father of the plaintiffs. Thus the abandoned character of the suit property was finally established and it vested in Government. Now the heirs of the said Mukhlesuddin Ahmed cannot claim any title over the same property against the Government. The suit is clearly barred by law.
......People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement and others, 50 DLR (AD) 93; 20 BLD (AD) 278.
Lawyers Involved:
Md. Lutfor Rahman Mandal, Advocate-For the appellants.
Ms. Promila Biswas, Deputy Attorney General-For t....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 78
....ture and character of the land which was given to them by way of licence as agricultural land. Upon consideration of the facts and circumstances, the High Court Division observed that the petitioners claim that they were not using the land other than for the purpose of agriculture, and the responden......te-on-Record-For the Petitioners.
Dr. Naim, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2
Not represented- For Respondent Nos.1 & 3.
Civil Petition for Leave to Appeal No.159 of 2011.
(From the judgment and order dated 29th November, 2010 passed......r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
.... confession after 20 days of making the confession. In his examination under section 342 of the Code of Criminal Procedure, the appellant was confronted with his confessional statement but he did not claim that his confession was procured by torture or inducement by the police. He also did not speci......8 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......ed: Goutam Kumar Roy, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the ......he Additional Sessions Judge and Special Judge, Nababgonj on the allegation, inter alia, that while the respondent Md. Monirul Islam was attached to Rahanpur Post Office as postman, misappropriated a money order for a sum of Tk. 2,000/- which was sent in favour of one Moktar Hossain (P.W.9) by showi..Category: Criminal Law | Date: | Hits: 77
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. .......2524 and 2529 of 1998.) Judgment Surendra Kumar Sinha J. - Since these appeals arise out of the same judgment, they are disposed of analogously by this judgment. Respondents have faced trial before the Divisional Special Judge, Rajshahi Division, Rajshahi, to face charges under sections 409/1......General that the High Court Division without application of its judicial mind acquitted the respondents despite the fact that the prosecution has been able to prove the charges of misappropriation of money and corruption by the respondents beyond shadow of doubt. In support of his contention, the le..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....tian in Miscellaneous Case No.30 of 1977-78. The plaintiffs purchased the suit land from Lamio Matbar and had their names recorded in the Khatian between 1956 and 1963. In 1987 some of the defendants claimed that they had taken settlement of the suit land from the Government denying the title of the......isposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land co...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....irector of the prakalpa in question purely on temporary basis and further the post automatically stood abolished with the expiry of the period of the prakalpa, the petitioner could not have any legal claim to continue as the Deputy Director of the project and therefore, he could not file the writ pe...... of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, in person-For the Respondent. Civil Petition for Leave to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for l......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
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