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Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by the High Cou......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....charging the Rule Nisi, in Writ Petition No. 1677 of 1988. 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......kim, Senior Advocate (Md. Zaker Hossain, Advocate with him) instructed by Abu Backkar, Advocate-on-Record-For the Petitioner Not represented‑Respondents Civil Petition for Leave to Appeal No. 290 of 1990, (From the Judgment and Order dated 18.6.90 passed by the High Cou......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
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......Appellant Vs. Bangladesh Bank and others........ Respondents (In Civil Appeal No. 79 of 1992) Judgment July 12, 1993. Cases Referred to- Abdul Hannan Sikder and Ershad Ali Vs. Bangladesh Bank 31 DLR (AD) 298; Abdul Maji......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....reed to sell the land in suit for a consideration of Taka 1,800 and she on receiving Taka 1,200 executed a bainapatra on January 1, 1952 and delivered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement ......s. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Possession 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 upo......ect of 3.25 acres of land. 2. The suit was filed by Abdur Rashid Sheikh predecessor of the appellants stating, inter alia, that land in suit belonged to Karuna Moyee Dasi and she agreed to sell the land in suit for a consideration of Taka 1,800 and she on receiving Taka 1,200 executed a ..Category: Property Law | Date: | Hits: 59
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....sh 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 available. But if reconveyance b......llip; Appellant 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...... to pre-empt the transfer made by the kabala dated 26-5-1980. 3. The Miscellaneous case was contested by the opposite party No. 1 (pre-emptee) and the opposite party No.2 (seller) by filing joint written statement stating; inter alia, that the opposite party No.2 being i..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....are already co-sharers of the holding on the death of their father who purchased the land of the holding in question in 1969, that the pre-emptors purchased the land sought to be preempted with an agreement of reconveyance and in the light of the agreement of reconveyance they have transferred t...... of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sharers of the holding by inheritance long before the dispensed sale. The pre-emptor is a co-sharer to the case holding by purchase. Prayer for pre-emption is not maintainable&hell...... sought to be preempted with an agreement for reconveyance and in pursuant to the said agreement for reconveyance they have reconveyed the land on October 11, 1992 to the opposite party Nos. 3-10 (seller). In the background of the said pleading of the pre-emptees, the High Court Division observe..Category: Property Law | Date: | Hits: 70
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....acts are that father of the writ petitioner in both the writ petitions 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, name......s before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If the authority concerned validly and legally transferred the premises, the petitioner’s right to remain tenant under the new purchaser remains unaffected. Both the leave petitions are dismissedâ...... the premises. The petitioner paid rent in the name of his father Shamsul Huda although his father died long ago. The Ministry of Housing and Public Works authorised RAJUK by memo dated 17-11-1999 to sell the building at No. 11, Bangabandhu Avenue, Dhaka on behalf of the Government through auction. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....acts leading to the leave petition are that the suit property originally belonged to Messrs Golden Bengal Tobacco Limited who gave lease of the said property to Burmah Eastern as monthly tenant by an agreement dated 9-6-1966 for establishing a petrol pump. Burmah Eastern subsequently, leased out the...... 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 of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad A......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
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....erty Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act." 34. In respectful agreement with the above observation we in this case also are of the view that the embargo embodied......le Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the b......, 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
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......8), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it exceeds its power. Finding of the Appellate Court subordinate to the High Court Division on a question of fact is final. The High Court Division while disposing ......conviction was maintained. 4. The suit was contested by the defendant by filing written statement denying the material averments made in the plaint and stating, inter alia, that he did not sell the land to the plaintiff on 15th Kartik, 1372 BS, that he neither executed any kabala on rece..Category: Property Law | Date: | Hits: 66
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....to be colourable transaction to defeat the right of preemption…….(15) Under section 95A of the S. A. & T. Act, transfer of land by out and out sale together with agreement of re-conveyance constitute complete usufructuary mortgage for a maximum period of 7 year...... AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others..................Respondents Judgment October 18, 2005. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951). Pres......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
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....opined that the proposal of World Tel Holding Ltd was both attractive and acceptable. Evaluation Committee in its meeting on 21-7-1999 considered the opinion of the consultant and recommended that an agreement may be signed with World Tel Holding Ltd awarding them the licence. The proposal along wit...... Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding……......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....facts and circumstances of the case and in view of the submissions made, we are of the view that the High Court Division, having applied its judicial mind, rightly decided the case. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this peti......on Service Regulation, 1968, Regulation 3(1) In view of sub-section 3 of section 1 of the Service Regulations of 1968, the terms and conditions of service of the petitioner cannot be varied to his disadvantage. Under Regulation of 1968 there was no requirement of Engineering Degree for p......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....well as on the basis of materials on record held that no prior notice was given to the writ-petitioners and along with others before cancellation of the registered deed of settlement. We are fully in agreement with the findings and decisions arrived at by the High Court Division. For all the above r......ing the affected party. The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms an......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....han Pal and Lai, Mohan Pal by registered patta transferred 083/g decimals to his wife Pramila Bala Paul. Pramila Bala Paul gifted that land to her nephew Upendra Kumar Pal. Upendra entered into an agreement dated 16-8-1968 to sell 02 decimals of land to the plaintiff and also delivered possessio.......Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for mo......y registered patta transferred 083/g decimals to his wife Pramila Bala Paul. Pramila Bala Paul gifted that land to her nephew Upendra Kumar Pal. Upendra entered into an agreement dated 16-8-1968 to sell 02 decimals of land to the plaintiff and also delivered possession to the plaintiff. The plain..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....l Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there. The said Abdul Hafiz entered into an agreement on 20-12-71 with the appellant to sell the same to the appellant on receipt of Taka 13,500...... Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban DevelopÂment and another..........................................Respondent Judgment October 21, 2003. Result: The appeal is allowed. The Bangladesh Abandoned Property (Control M...... of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there. The said Abdul Hafiz entered into an agreement on 20-12-71 with the appellant to sell the same to the appellant on receipt of Taka 13,500 as advance out of total consideration money..Category: Property Law | Date: | Hits: 108
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....iminal case is sufficient for maintaining the conviction for forgery recorded by the trial Court, when the defence could not substantiate their special plea that there was a sale in pursuance of an agreement of the year 1974. We do not accept this contention, for, in a criminal case what is requi......xcept Azimuddin had been earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along with fine of Tk. 10,000.00 each. Azimuddin had been acqu......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....civil suit, the practice in Constitutional cases has always been that if the matter can be decided by deciding one issue only no other point need be decided. Finally, I wish to express my full agreement with the main judgment prepared by the learned Chief Justice. Mustafa Kamal J.- In......lopment & Co-operaÂtive, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 6...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......d earlier in respect of 25000 shares of Tk. 100 each of the United Commercial Bank Limited, briefly UCBL (respondent No. 1 herein) registered in the name of Khondkar Mahtabuddin Ahmed, judgment-debtor No. 2 in the aforesaid Admiralty Suit. 2. Facts of the case, briefly, are that the appe......the share certificates already held by such shareholder or director. This section does not in any manner prohibit a shareholder or a director to deposit his share certificates with an authority to sell them to others in order to adjust the loan which was taken by him earlier, he observed further..Category: Business or Commercial Law | Date: | Hits: 124
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.....00, which means that the total work has to be done for a lumpsum amount of Tk. 34 lakh. Item Nos. 2‑12 were the other masonry works for which unit rate was quoted. 7. Then followed a formal agreement between the contractor‑appellant and the respondent-University dated 26.1.87. 8. ...... Judgment Mustafa Kamal J.- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated the 20th May 1989 a Rule of the Court. In First Miscellaneous Appeal No. 261 of 1...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
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