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Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
.... Vs Khalilur Rahman & ors.........................Respondents Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the g......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......arty, for a person having any interest or share in the disputed property cannot be avoided by simply branding him a stranger………….(7) On the face of the record the plaintiff appellants were necessary parties to the partition suit but were left out. In such circum..Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....engal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate for recovery of the arrear of revenue is governed The Bengal Land Revenue Sales Act, 1859 (Act No. ......raiyati within the meaning and ambit of Sub-section, (1) of section 22 of the B.T. Act, 1885. To appreciate the points involved in these two contentions section 22, B.T. Act as it stood before amendments of 1907 and 1928 is quoted below: Original section (Act VIII of 1885). ......peal No. 86 of 1965.) Judgment Shahabuddin Ahmed J. - In this appeal the judgment and decree of the High Court Division in First Appeal No. 86 of 1965 has been challenged by the plaintiffs. This arises from Title Suit No. 110 of 1958, renumbered as Title Suit No. 64 of 1959, a..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....of such registration……………(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the stren...... meaning of sub-clause (a) of clause (2) of section 28 of the Registration Act. According to true interpretation of sub-clause (b) of section 28 of the Registration Act as it stands now after the amendment in 1962 parties not being parties to the kabala for a fictitious or non-existent land ca......ious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff was resisted. The Appeal is allowed with cost……..(11) Cases Referred..Category: Property Law | Date: | Hits: 36
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 ...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... Judgment Badrul Haider Chowdhury J. — In this petition for special leave the question is whether the High Court Division was right in holding that the suit instituted by the plaintiff’s petitioners is barred by law and the learned Munsif correctly rejected the plaint un..Category: Property Law | Date: | Hits: 55
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
.... Drug Control Ordinance, 1982 are to be tried by the Special Tribunal set up under the Ordinance. A Court of Magistrate is incompetent to take cognizance and try such offences. Proceeding before the Upazilla Magistrate was without Jurisdiction as special procedures provided for investigat......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......ed that the Akbari Act and Opium Act provides a special procedure e.g. a preliminary enquiry before an Abkari Inspector who may summon witness. The Inspector's report is to be treated as a complaint & citing a decision of that Court reported in AIR 1923 Mad. 339, it was held that if a c..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....o take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ...... in 1959 and was, therefore, joined as a defendant in the suit. 3. On 29 March, 1927 one Sarada Kripa Lala sold the suit properties to Dr. Beni Mohan Das who mortgaged them to the plaintiff-Bank on 31 March, 1927 for Tk. 75.000/- only and the latter transferred his rights, titl..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.................Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be sought for. Since the question for determination befo......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......2 from accepting offer of respondent No.3 for supply of fuel oil and lubricant. Appellant also filed an application for temporary injunction. The case of the appellant as stated in the plaint is that her tender was the lowest one in respect of tender notice No.131/RHD/Divn.III/83-84 ..Category: Others | Date: | Hits: 84
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....s appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 66 of 1978. 2. Plaintiff respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of t...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... and Tenancy Act is invalid and ultra vires. 3. The said suit was decreed. On appeal the decree was set aside and the suit was dismissed by the learned Subordinate Judge. Thereafter the plaintiff filed a Second Appeal before the High Court Division and the learned Single Judge sent th..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ......ction 9(1) of the State Acquisition and Tenancy Act substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenan......sion on 1-8-79. Plaintiff-appellant instituted Title Suit No.73 of 1961 in the Court of Subordinate Judge, Sylhet for declaration of title and recovery of possession. Facts as stated in the plaint are that his father Haji Kalimullah used to advance money to Jogesh Chandra Das who was his ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....ra Das and others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint,...... others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint, the conten...... The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint, the contention that there was no question of limitation does not appear to be unacceptable...Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....ppeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. had 6 annas 8 pies shar......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......wdhury J.— This appeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. h..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... December 11, 2007. Lawyers Involved: Syed Mahbubar Ahmed, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 415 of 2005 (From the judgment and order dated 12.04.2005 passed by...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ...... a building and when the caretaker tried to resist, a commotion took place and the respondents with the help of their engaged laborers tried to disperse them. On receipt of the petition of complaint, the Chief Metropolitan magistrate by his order dated 19.02.2004 asked the officer-in-charge..Category: Criminal Law | Date: | Hits: 45
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
.... of the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction.............rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......on No. 1471 of 1994, absolute and setting aside the concurrent Judgment and decree passed by the learned District Judge, Comilla dismissing on 29.4.92, Family Appeal No. 1 of 1991, preferred by the plaintiff, and affirming thereby the judgment and decree dated 31.5.90 passed by a learned Assistant..Category: Family Law | Date: | Hits: 180
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... No. 112 of 1990 reversing the judgment and decree dated February 28, 1990 passed by the Assistant Judge, 4th Court, Dhaka dismissing Title Suit No. 818 of 1987. 2. The respondent's suit was for a declaration that the orders dated 3-10-85 and 18-2-86 passed against him removing him fr......tisfactory, the concerned authority by the order dated 30-10-85 removed him from service. In the removal order the word 'misconduct' was not inserted, which was rectified on 18-2-1986 by way of amendment. Thereafter the respondent filed the present suit. The appellants contested the suit by ......n 18-2-1986 by way of amendment. Thereafter the respondent filed the present suit. The appellants contested the suit by filing a joint written statement and denied the material allegations of the plaintiff and asserted that for violation of office discipline the plaintiff was legally re..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....it No. 365 of 1981 to file and number after setting aside the Order dated 22 December, 1985 recording abatement of the suit. 2. One Khairunnessa was the sole defendant in the suit which was for declaration of title. She entered appearance and filed a written statement. On 20 July 1985 one......r 1983. This application was rejected on 29 August 1985 as not maintainable because Nurul Islam was not a party to the suit. On 17 November 1985 the plaintiff made an application praying for amendment of the plaint by way of substitution of the Government of Bangladesh represented by the ...... August 1994 passed by the High Court Division in Civil Revision No. 252 of 1988/123 of 1988). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal by leave, at the instance of the plaintiff, is directed against the judgment and order dated 10 August 1994 passed by a learned Sing..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....d thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......2-20. Civil Appeal No. 46 of 2004. (From the Judgment and Order dated July 16 2001 passed by the High Court Division in Civil Revision No. 232 of 1999) Judgment Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment and order dated July 16, 2001of a Single Bench of t..Category: Property Law | Date: | Hits: 45
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....o. 159 of 1998). Judgment Mohammad Fazlul Karim J.- The defendant is the appellant in this appeal where in the leave was granted to consider the submissions of the learned Counsel for the appellant that the defendant appellant having already paid the admitted principal decreetal ......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......e was granted to consider the submissions of the learned Counsel for the appellant that the defendant appellant having already paid the admitted principal decreetal amount of Tk. 2,24,72,280/- to the plaintiff but by the decree the appellant has been illegally saddled with an interest at the rate of..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....ivision in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and t......act and not in the domain of judgment and The Court had no discretion to vary the rate of interest and award to the mortgagee interest less than what the mortgagor had agreed to pay. But after the amendment in 1929 Rule 11 did not make it obligatory upon the court to order payment of intere...... (From the Judgment and Order dated 1-4-90 passed by the High Court Division in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....appellant No. 1 was the Deputy Commissioner, West DMP, Dhaka from 21.11.1996 to 09.03.98 and appellant No. 2 was the Officer-in-Charge of Mirpur Police Station from 15.4.1996 to 29.10.1997 and the proforma respondent No. 2 was the Assistant Commissioner, Abandoned Property Management Board, Dhaka du...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256........ 808 of 1985 from the Court of 2nd Sub-Ordinate Judge, (Now Joint District Judge) Dhaka, declaring her title and for recovery of khas possession of the properties as described in the schedule of the plaint, filed Execution Case No. 28 of 1986 in the above Court and on her prayer for police help in ..Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....ision erred in rejecting the revisional application summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at......d March 1, 1992 passed by the High Court Division in Civil Order No. 944 of 1992 summarily rejecting of the application under section 115(1) of the Code of Civil Procedure holding that the proposed amendment would change the nature and character of the suit. 2. Leave was granted to consid...... the High Court Division erred in rejecting the revisional application summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Di..Category: Procedural Law | Date: | Hits: 38
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