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Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....y Court has no jurisdiction to entertain the suit filed by the plaintiff opposite party in that Court. On perusal of a copy of the plaint in Money Suit No. 1(FC) of 1986 it appears that the plaintiff claimed a sum of Tk. 80,001.00 as prompt dower and Tk. 69,666.00 as maintenance, Tk. 1,00,000.00 as ...... 1986 by the 2nd Court of Munsif, Chittagong. 2. It appears that the plaintiff‑opposite party filed Miscellaneous Case No. 9 of 1985 in the 2nd Court of Subordinate Judge, Chittagong on 2.2.1995 for permission to sue as pauper for recovery of the sum of Tk. 3,09,667.00 on account of prompt valu......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....l enquiry as the time at the disposal of the trial Court for hearing of the interlocutory matter is very short. It is not uncommon that unnecessary high valuation is given in some sale deeds to avoid claim of pre‑emption by the co‑sharers. So, summary enquiry regarding valuation in the suit unle......tement. Issues were framed by the Court and issue No. 2 was regarding correctness of the valuation given by the plaintiff in the suit. By order dated 16.4.86 issue No. 2 regarding valuation was fixed for bearing on 6.5.86. On that date the matter was not heard and ultimately it was heard on 21.7.86 ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... Thakui gaon in Money Suit No. 1 of 1990 rejecting the application under Order 7 rule 11 of the Code of Civil Procedure. 2. Facts in short are that plaintiffs instituted Money Suit No. 1 of 1990 before the Court of Subordinate Judge, Thakurgaon for realisation of Tk. 8,03,558.00. The case of the ......ation under Order 7 rule 11 was rejected by the Court on a misconception of law and therefore, the said need be set aside. In elaborating this point the learned Advocate submitted that the suit being money suit arising out of a contract, Article 149 of the Limitation Act is not applicable and as suc..Category: Civil Law | Date: | Hits: 87
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....302 of the Penal Code. 5. The learned Sessions Judge, Netrokona framed charges against the accused‑appellants under sections 460/302/34 of the Penal Code to which they all pleaded not guilty and claimed to be tried. Thereafter, the case was transferred to the Court of the learned Additional Ses......ions Case No. 93 of 1985 in the Court of the learned Additional Sessions Judge, Netrokona and at the conclusion of the trial they were convicted under the said charges and sentenced to transportation for life by the judgment and order dated 30.8.96 of the Additional Sessions Judge. 2. Being aggri......the appellants are innocent and they have been falsely implicated in this case. Further case of the defence is, that the appellants had no enmity with the deceased Nur Mia who used to carry on logni (money lending) business and who had enmity with other person connected with that business; of course..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....1 of Khatian No. 539, Plots Nos. 50, 51, 70 of Khatian No. 537, Plots Nos. 71, 72, 91, 96 of Khatian No. 538 and DS Plots Nos. 49, 52 and 69 of Khatian No. 536 of No. 258 Mouza Char Jubilee which was claimed by the father of the defendant No. 3 does not correspond to the land of the Diara Block Plot......989. Judgment AM Mahmudur Rahman J. - This Rule arises out of the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No.......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....se is, inter alia, that the lands of the 1st schedule were patit 25/26 years back and out of the said lands he took pattan of 11 kedars described in the second schedule of the plaint and started to reclaim the same; that one Narendra instituted a criminal case against him on false allegations of cut...... Appeal No. 260 of 1967 reversing those dated 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Pl......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....nt No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 24.11.85 claiming a decree for compensation for an amount of Tk. 51,728.20 against the defendant No. 1, namel...... Suit No. 55 of 1985. Judgment Md. Mozammel Hoque J. - This is an application filed by the Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 24.11......Admiralty Court Act. 10. Mr. Manjur‑ur‑Rahim submits that the plaintiff may be treated as consignee of the proforma‑defendant No. 3, the importer, because the plaintiff paid the compensation money to the defendant No. 3 and for that money the plaintiff has now filed the present suit. It is ..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
..... 3. The wife petitioner filed Faimly Court Case No. 1 of 1988 against her husband opposite party No. 1, her father‑in‑law, opposite party No. 2 and sister of her husband, opposite party No. 3 claiming recovery of dower of Tk. 60,001.00, maintenance of Tk. 14,000.00 for 14 months for being co...... passed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married to the opposite party No. 1 on 10.4.82 on the......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......t of an order of the appellate Court made on March 17,1986 in Miscellaneous Appeal No. 254 of 1982 from an order of the executing Court dated April 22, 1982 gives rise to an important question of law for consideration. The question is whether the lower appellate Court was legally competent to direct......suit was decreed ex parte and the defendant was directed to execute. and register the deed of sale in favour of the plaintiffs on receipt of Tk. 8, 275.00 within 60 days. The petitioner deposited the money on May 15, 1981 on behalf of the decree‑holders. The decree holders‑opposite parties als..Category: Procedural Law | Date: | Hits: 81
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....raph No. 2 of the application which runs as follows: "That the defendants have no properties and assets to the knowledge of the plaintiff except the property descried in schedule below to meet the claims in suit and they have removed their ship Maersk Commander from Chittagong Port i.e. from the ......d order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metric tons of wheat, carried by defend...... Government is from the judgment and order dated 16.5.77 passed by the learned Subordinate Judge of the 3rd Court, Chittagong, in Money Suit No. 42 of 1977. 2. The Government, a plaintiff, filed a money suit against the defendants, for recovery of Tk. 1,01,47,500.00 for damage caused to 5109 metr..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....ath sentence awarded to the condemned prisoner. Charge was framed against the condemned prisoner and other accused u/s 302/34 of the Penal Code and it was read over to them who pleaded not guilty and claimed to be tried. Prosecution examined as many as 19 witnesses but defence examined none. 5. D...... of 1987. Jail Appeal No. 526 of 1986. Judgment Syed Fazle Ahmed J. - Condemned Prisoner Mohammad Ali Kibria alias Shahjahan along with Meherunnessa and Md. Yusuf Ali wore placed on trial before the Additional Sessions Judge, 3rd Court, Dhaka in Session case No. 9 of 1986 to answer a charg......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....instant case no material appears to have been placed from the side of the respondents making the same as a part of the Courts records for our scrutiny. The learned Deputy Attorney‑General, however, claims that there arc materials. According to him, the alleged offending acts of the detenu prior to...... of 1990. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibu......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......n against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees Act upon an application filed by the defendant. 2. The facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court ...... of the valuation put by the plaintiffs on the plaint provisionally. 4. The learned Advocate for the petitioner submits that the plaintiff having had disclosed in the plaint a higher consideration money for the land transferred under those kabalas than the valuation put on the plaint by the plain..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....ugned judgment and decree of the lower Appellate Court cannot be sustained in law. In this connection he submits that the question of adverse possession was neither pleaded in the plaint nor any such claim has been proved by reliable evidence, but the lower appellate Court without due consideration ......en fraught with inconvenience and as the share of the defendant Nos. 5 and 6 has been wrongly and collusively recorded in their names, the plaintiff has been constrained to institute the present suit for declaration of her title to 1.216 acres of land and for partition of her total of 2.48 acres of ......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...Category: Property Law | Date: | Hits: 71
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....due being T1, 5,29,230.92. The outstanding liability of the petitioner company matured for repayment as on 1.5.1972 was Taka. 10,60,795.17 from May, 197 the Govt. of the United Kingdom waived all its claims over the fund utilized in the territory comprised in Bangladesh for establishment of jute mil......fter referred to as the IDBP) established a jute mill at Chowmohani in the district of Noakhali under Promoters Agreements dated 25.6.63 as amended on 12.8.65. Subsequently the petitioner company was formed on 27.7.65 and it took over the said jute mill. After the liberation of the country the petit......sh credit facility from respondent No. 1 without any complaint from their side. Respondent No. 2 prevailed upon respondent No. 4 to direct respondent No. 3 to compel the petitioner company to pay the money demanded by Respondent No. 2. Pursuant thereto respondent No. 3 issued Memo No. BCD(Fl) 260/34..Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......Police Station under section 409 of the Penal Code by the Upazila Nirbahi Officer, Gobindaganj Upazila through Deputy Commissioner, Gaibandha which was sent to the District Anti Corruption Bureau for investigation by the Gobindaganj police. The facts of the case as narrated in the FIR in short, ...... level and will be responsible to the Accountant General in carrying out all functions of the Upazila Accounts Officer. 4. It is further stated in the application that the school teachers drew the money as loan against their Provident Fund Account and Upazila Education Officer being their officer..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....r sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 and Iftekhar Ahmed was charged under sections 409/109 of the Penal Code. All of them pleaded not guilty to the charge and claimed to be tired. 4. Defence of the appellant is that he was innocent and falsely implicated i......in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imprisonment for six month......bank. It is also not disputed that the appellant and Matlubul Alam used to open and close the two iron chests of the bank kept inside the vault with their respective key and brought out and kept cash money from and into the said iron safes. It is also not disputed that at the close of the banking tr..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....cted to restore the petitioners the possession of the same. 2. The case of the petitioners is as follows: The petitioners along with 82 persons migrated to the then East Pakistan in 1947. They claim to have been victims of communal riots of Calcutta. An area of 3.66 acres of land out of 8.66 ......4. Writ Petition No. 453 of 1986. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992,......receipts Ext. 1 series right from the year 1961 which have been granted by the Government. All these facts are admitted by the defendants. It is the plaintiffs' case that they applied for sanction of money to repair the huts on the suit land but sanction was not given on the understanding that the h..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... and dot not come within the provision of Administrative Tribunal Act, 1980 as the impugned action was barred to be challenged being an order under MLO No.9 of 1982 and as such, the respondent cannot claim for arrear pay and allowances. 6. It appears that the Government has simply accepted the ......ribunal in Administrative Tribunal Case No.59 of 1996 allowing-in-part. 2. The facts involved in the ease, in short, are that the respondent instituted Administrative Tribunal Case No.59 of 1996 before the Administrative Tribunal, Dhaka stating, inter alia, that he joined on 2.10.1977 as a Deputy...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... 10,00,000.00 on 20.1.86 and Tk. 5,00,000.00 on 27.2.86 in the Court without fail and the respondent Nos. 2‑51 will not be allowed to draw the same before filing documents in support of their legal claim. 6. Mr. Salauddin Ahmed submits first, that the IRO Case No.6 of 1985 before the Respondent......ase No.6 of 1985 under section 34 of the Industrial Relations Ordinance, 1969, hereinafter shall be referred to as the Ordinance, in the Court of Respondent No.1, the Chairman, Labour Court, Rajshahi for declaration that the lay‑off notice of the petitioner 1 dated 10.1.85 was illegal and for an o......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
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