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Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......ave been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......rd the learned Advocate for both sides and considered their submissions. We have also gone through the petition, impugned order and other relevant Annexures appended to the petition. 8. The only question that falls for consideration before this Division in this Writ petition is whether under ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
.... Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out of possession of the premises. It can settle only the right of......decree for recovery of possession if the tenant thrown out of possession of the premises. It can settle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if th......icate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......se of Abdul Khaleque Vs. Abdul Barek Howlader, reported in 3 BLC (AD) 174 and another decision i.e. the case of Muhammad Ishaque Vs. Abdul Hague, reported in PLD (Karachi) 899. In these decisions the question arises whether transfer Court without satisfying as to service of notice upon the parties c..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....n under section 169 or 170 of the Code, as the case may be, and forward his Report to Magistrate concerned under section 173(2) of The Code. However, even after filing such a report, if he comes into possession further information or material, he need not register a fresh First Information Report; h...... 45. It is in the evidence of Informant P.W.1 that the elder brothers of Muhibur Rahman Manik, Muzibor Rahman and Mustafizur Rahman resided in the same building and his another brother stayed in England. From the evidence of informant P.W.1 the point had been crystallized that convict-appellant Mu......ower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ...... or qualified by particular facts of the case in which such expression occurs. It is neither desirable nor permissible to pick up a word or sentence from the Judgment divorced from the context of the question under consideration and to treat it to be complete law declared by Court………………..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....ling that the name of the two brothers has been recorded in S.A. Khatian. 17. The learned Advocate Mr. Subrata Saha, further argued that the D.W.1 categorically admitted that the plaintiffs are in possession in suit plot No.171 which proved the assertion of the plaintiff that plaintiff's predeces......of one Jumu Sheik. The said Mokdom Ali Sheik and Jomu Sheik were the sons of Basharat Sheik. The Plaintiff-Appellant-Opposite parties by filing Partition Suit on 3.2.1999, alleged inter-alia that the landed property within Mouja Surujgonj, under District and Police Station Tangail comprised in C.S. ......on (Civil) Present: AFM Abdur Rahman J Hashem Ali & Others……………………….Defendant-respondent-petitioners Vs. Suruj Ali & Others…………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made abs......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purchased the same. While in possession, she sold away demarcated block of land measuring 5.88 acres to Jinnatun Nessa Bibi and K...... Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Khorshid Nayeem and others……………………………………Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgment June 3, 2010. Res...... Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......mmissioner Dhaka by order dated 5-11-1994 and finally upheld by the Full Board of the Land Appeal Board in Review Case No.3-108 of 1995 by order dated 9-12-2003. Anyway such, disputed and important question of facts cannot be resolved in the writ jurisdiction. It is further asserted that responden..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......…………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: The appeal is allowed. In an ordinary commercial credit transaction normally there are four parties. The parties are (i) the buyers ...... No one appears - For the respondents. First Miscellaneous Appeal No.173 of 2005. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant No.3 appellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joi..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ...... and other accused persons also gave blows on different parts of the body of victim Wahed and they also snatched away a wrist watch, cash Taka 700/- a electronic Torch light and some documents regard landed properties; that the witnesses came to the place of occurrence from bazar and saw the injured......e result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ...... or knowledge must be with reference to the life of the person whose death is actually caused……………………………….(13) By 'intention' is meant the exception of the consequences in question. Intention does not imply or assume the existence of some previous design or forethought. I..Category: Criminal Law | Date: | Hits: 66
....
12. Referring to the evidence of D.Ws. Mr. Mozammel submits that another serious error of law, occasionally failure of justice is that the learned trial court did not at all consider the evidence on possession by the defendants although, the D.W.1 was adequately corroborated by D.W.4-7 on the quest......as such the same are in effective and not binding upon the plaintiffs and also for partition of the property as given in 'Ka', 'Kha' and 'Ga' schedule of the plaint stating, inter alia, that the suit land as given in schedule 'Ka', 'kha' and 'Ga' of the plaint was originally belonged to Bilat Ali Mo......sion Judgment here.
Supreme Court
High Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgme...... occasionally failure of justice is that the learned trial court did not at all consider the evidence on possession by the defendants although, the D.W.1 was adequately corroborated by D.W.4-7 on the question of possession over the suit land. Apart from that, defendant No.1 exhibited 4 rent receipts..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......f stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......1st execution case.
12. Now let us consider whether the period of limitation as prescribed by section 28(4) of the Ain, 2003 was applicable in the 2nd execution case.
13. In order to decide the question, we feel it necessary to quote the relevant provision of section 28 of the Ain, 2003 which ..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....1 Selim Khan for purpose of business took the room in monthly rent basis from the accused petitioner; that thereafter due to fall of his business and dues of monthly rent remained unpaid, he left the possession of the said room to the accused petitioner and that accused petitioner has no liability o......d the counter affidavit in opposition filed the opposite party No.1 and submits that against the said loan accused Nos. 1, Md. Salim Khan and 2 Md. Shahabuddin made a mortgage deed of their homestead land in favour of the bank and also made registered General Ammokhtarnama being registration No.2850......fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....nt is allowed to proceed with the execution of the Arthorin decree and at the end of the day if the instant suit is decreed in favour of the plaintiff-respondents they would not be able to regain the possession of the mortgaged property and thus in the facts and circumstances of the case it appears ...... equity had been administered by the Chancellor and the common law court had no jurisdiction to deal with equity but that situation was changed in common law by passing the Judicature Act, 1873 in England whereby law and equity were fused and themes from a Court of law could also pass an order in eq......a) 279; AIR 1956 (Rajasthan) 191; AIR 1953 (Calcutta) 377; AIR 1962 (SC) 527; 20 DLR 501; 26 DLR 157; 14 DLR 657; 35 DLR (AD) 42; 47 DLR (AD) 7; 26 DLR 157; 29 DLR (SC) 82; Lawyers Involved: Mrinal Kanti Biswas, Advocate-For the Appellant. Md. Khalilur Rahman with T.M. Shakil Hasan, Advoca......rable order of injunction under order 39 rules 1 and 2 the petitioner requires to establish a prima facie case and prima facie case in the context of Order 39 appears to be an issue raising a serious question of law and in the instant suit which is peculiar in nature has arose a very complicated and..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ed in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should not be restrained from disturbing the possession of the petitioners over the scheduled land. 2. It has been stated in the Writ Petition......ade without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should not be restrained from disturbing the possession of the petitioners over the scheduled land. 2. It has been stated in the Writ Petition that Government acquired 1.17 acres of land from......is reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ........Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division Disputed question of fact canno..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....iving jointly and that on 17-2-73 the plaintiff and defendant Nos. 5-7, transferred the 24 decimals of land of Plot No. 351 to the defendant Nos. 1-4 vide 4 deeds Nos. 391/392/393/394 and handed over possession of the suit land; the defendant Nos. 1-4 had been possessing the said 24 decimals of land......posite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title stating, inter alia, that the suit land is 6 decimals of land of Plot No.351 which belonged to Rajendra Chandra who died leaving 4 (fou......- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitioners. Md. Raflqul Islam (Heru) with Abul Kalam Mainuddin, Advocates — For the Opposite Party. Civil Revision No. 908 of 2002. Judgment Fa......ally held that the disputed deeds were obtained by the defendant petitioners by practicing fraud upon the plaintiff who was minor at the relevant time and illegally held that when fraud is proved the question of limitation does not arise. The learned Advocate further submitted that in the facts and ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... been contesting the suit by filing written statements. His contention is that the Cinema Hall was already renamed as Bijoy Cinema Hall and it is situated on his self‑acquired land and is under his possession. The plaintiff has no manner of title or possession in the same. The suit is proceeding a......ioner as defendant has been contesting the suit by filing written statements. His contention is that the Cinema Hall was already renamed as Bijoy Cinema Hall and it is situated on his self‑acquired land and is under his possession. The plaintiff has no manner of title or possession in the same. Th......8 DLR (HCD) (1996) 572. ...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....Government of Pakistan for a period of 99 years on the strength of a lease deed executed and registered by him and also by the Government dated 15-9-62 and the said Mohammad Moinuddin was in peaceful possession of the said disputed property. He was a national and permanent resident of Bangladesh. On......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......ke such decision on the prayer of the applicant as it deems fit. (6) The decision of the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court.” 14. From the above, it appears that the Court of Settlement was e..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......gainst whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ...... who shot deceased Tajul. It is not possible to fasten the liability for the murder on any of the accused and, in this view of the matter, the conviction under section 302 of the Penal Code is out of question. 11. The murder was not committed in course of committing dacoity. To convict the accuse..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......itious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......15, 1994. Result: The Rule is made absolute. The want of plaint under section 195 is incurable and the lack of it vitiates the whole trial......................(9) Even if a Bainapatra in question is found to be a fake one, such a finding can only be made by the civil Court and not by th..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....s desire, BGMEA is to build a connecting bridge on this land. 36. Land allotted to BGMEA by EPB is part of the land which had been transferred by the Railway authorities to EPB. 37. Initially, possession of 6.12 acres of land was conveyed by the Railway to EPB, but finally, by a registered Ti......ell into rivers, passing by the city. 10. Environmentalist recalled many of the 78 canals that once criss-crossed through the historic Dhaka City, now only live in the memory of senior citizens as land grabbers virtually took them all for personal gains. 11. One can see the unmistakable impact......le and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......r against grabbing of water bodies. 25. Allowing this unauthorised building to stand, he said, would mean that the law is not equally applied for all. It would, he said, obviously give birth to questions about the intentions of the government. Rajuk must demolish buildings in the list of un..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....000/- and took Tk.3,000/- as advance. But the talk ultimately failed and the advance money was taken back and the seller sold the lands to the pre-emptors for an amount of Tk.60,000/- and handed over possession to them. The preemptors were in knowledge of the sale and they were offered to purchase t......ite Party Nos.1 to Sand predecessor of Opposite Party No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preemption of the lands described in the schedule of the petition covered by kabala dated 28.08.1995 executed by Oppos......Parties Judgment October 13, 2009. Result: The rule is discharged. Cases Referred to- Aklasur Rahman and others Vs. Safarullah and others, 42 DLR (AD) 189= 14 BLD (AD) 20; Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. Rokeya Begum Vs. Md. Abu Zaher and......trial Court on consideration of the evidence and the materials on record by judgment and order dated 13.09.2001 rejected the prayer for pre-emption by dismissing the case on finding that this sale in question was done with concurrence of the pre-emptors and as such the claim of the pre-emptors are b..Category: Civil Law | Date: | Hits: 192
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ...... before the suit was filed, the petitioner started depositing rent in Rent Control Case No. 18 of 2005 against Ahmed Reza Chowdhury. Such person had no connection with the suit shop and was never the landlord of the petitioner. The petitioner never offered rent to the opposite parties nor impleaded ......The Rule is discharged with cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
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