December 9, 2022

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Wicked Real Estate

SC scraps HC ruling to transfer tea back garden land to dairy agency

3 min read

The Supreme Court docket on Thursday scrapped a Substantial Court ruling that previously in 2019 directed the sub-registrar to sign up 119 acres of Horihor Tea Point out Ltd of Brahmanbaria in favour of Dutch Dairy Constrained devoid of listening to the tea organization owner as the reverse social gathering.

The apex court also cancelled the suf-kabla deeds which was registered by the Bijoynagar upazila sub-registrar in favour of Sreemoti Monisha Chokroborti, Amit Chakraborti and Dutch Dairy Business for transferring 119.85 acres of the land in query.

The registration of the 119.85 acres of the land found at Bishupur Union underneath Bijoynagar Upazila was concluded at the value of Tk 10.81 crore only on May well 23, 2019 to comply with the directive of the Large Court offered on April 15, 2019.

The six-member bench chaired by chief justice Syed Mahmud Hossain gave the order soon after hearing a civil petition filed by the Horihor Tea State Ltd on June 1 tough the legality of Superior Court purchase.

What perception the Higher Court docket would make if it offers ‘full relief’ at the time of issuance of a rule with out hearing, the reverse social gathering, the Appellate Division noticed, questioning the Substantial Court purchase at a listening to on June 15.

The main justice on Thursday reported that he would not get any additional harsh decision as he is near to his retirement.

‘Now I would acquire a comfortable line alternatively of a challenging line,’ he claimed.

The main justice came up with the remark when an supplemental attorney common Sk Md Morshed asked for the courtroom to post a copy of the comprehensive judgement in the tea backyard case to the Large Court’s bench anxious. 

A further judge asked for the main justice to act in accordance with the law until he vacates the post of the chief justice.

The Substantial Court bench of Justice Ashfaqul Islam and Justice Mohammad Ali on April 15, 2019 requested the sub-registrar to sign-up the deed in favour of the dairy company inside 7 days with out fail.

The court docket experienced passed the ad-interim get after the issuance of a rule that requested the sub-registrar for Bijoynagar upazila to make clear in 4 months why his refusal to register suf-kabla executed by Amit Chakraboriti and Monisha Chakroboriti on June 4, 2018 in favour of writ petitioners Sreemoti Monisha Chokroborti, Amit Chakraborti and Dutch Dairy Agency for transferring 119.85 acres of land would not be declared unlawful.

The Large Court docket issued the get and the ruling right after listening to a writ petition filed jointly by Sreemoti Monisha Chokroboriti, Amit Chakraborti and Dutch Dairy Business.

The Appellate Division on Thursday also turned down the rule which was awaiting hearing by the Substantial Courtroom.

Lawyers Sk Md Morshed, Md Asaduzzaman and Bakir Uddin Bhuiyan appeared for the tea organization, prayed for the cancellation of the Significant Courtroom buy and ruling, stating that by passing the interim buy at the time of the issuance of the rule, the Large Courtroom experienced given a full reduction to the writ petitioners which was versus the recognized and settled theory of the law determined by the Appellate Division in a quantity of circumstances.

Senior attorney Qumrul Hoque Siddique symbolizing the dairy agency argued that he was not supporting the Large Court’s interim purchase.

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