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Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
.... Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioners. Not represented— the Respondents. Civil Petition for Leave to Appeal No. 81 of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- The petiti......of 1997. Judgment Bimalendu Bikash Roy Choudhury J.- The petitioners are the plaintiffs in Title Suit No. 366 of 1991 pending before the Subordinate Judge, Fourth Court, Dhaka, which is for declaration of title. Upon an application by the plaintiffs for temporary injunction against defenda..Category: Property Law | Date: | Hits: 101
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....n 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pur......ned a deed of sale in his favour showing transfer of the suit land, fraudulently by said Patani Dassaya without any legal necessity and showing a nominal price of the suit land. Hence, the suit for declaration that the transfer deed dated 10-10-84 is not binding upon the plaintiffs. ..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribu...... IM Lail’s case PLD 1948 PC 150 as to the theory of the bounty of the State and observed that if an order of dismissal was wrongful and the person was treated to be in service by virtue of a declaration given then there was no reason why he should not also be given by way of consequential ..Category: Administrative Law | Date: | Hits: 125
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....iff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal again......urt Division was justified in uphold order of amendment in revision. 2. Material facts necessary for disposal of this appeal are that respondent No. 1 as plaintiff filed the aforesaid suit for a declaration of title and partition in respect of 0.80 acres of land as mentioned in the schedule to ..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
.... 64(2) of the Waqfs Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul ......tion 64(1) of the Waqfs Ordinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judge, Barisal for a declaration that the said order was void, illegal and without lawful authority with the averments, i..Category: Property Law | Date: | Hits: 91
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi......ill to be introduced in the Parliament on behalf of Government provides for the imposition or increase of a duty of customs or excise or sales tax the Government may cause be inserted in the Bill a declaration that it is expedient in the public interest that any provision of the Bill relating to ..Category: Criminal Law | Date: | Hits: 119
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....gust 27, 1997. The Cantonment Act, 1924 (II of 1924), Section 73 The writ petitioner after purchase of the house from heir of allottee of the Cantonment Board completed all the formalities for mutation as required under section 73 of the Cantonment Act under the circumstance ......lowed to different persons/authorities. On the death of Syeda Khatun her husband Syed Sulaiman Ashraf inherited the house as her only heir. Having failed to have it released, he brought a suit for declaration of his title thereto and for recovery of khas possession therein. The suit was dismisse..Category: Property Law | Date: | Hits: 74
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
.... Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreig...... them as to how they could come to the VIP lounge and they replied that a man with a walkie-talkie in his hand brought them there. The PWs, then asked the foreigner appellants whether they had any declaration to make or had any gold or any contraband item with them. They replied in the negative...Category: Criminal Law | Date: | Hits: 130
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …&hellip......ganj refusing the prayer of the defendants for rejection of the plaint of Title Suit No. 308 of 1994. 2. Respondent No.1 brought the said suit against several defendants praying for declaration of tile to certain land and also for recovery of khas possession therein. ..Category: Property Law | Date: | Hits: 52
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....esent case important material evidence had been ignored. The learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesaid material evidence in arriving at its findings of facts. Hence there is nothing to interfer......t Division in Second Appeal No. 534 of 1978. 2. The appeal arose out of a suit, Title Suit No. 689 of 1976, brought by the first respondent in the Third Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the plaintiff b..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... Judgment July 13, 1997. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 2(b) The court of settlement is not a court for determining the title of the rival claimants, it is for determination whether the case property...... a daughter by her. Farida Begum claimed the entire case property on the basis of a deed of gift. Soleman filed Title Suit No. 266 of 1978 in the 1st Court of Munsif, Dhaka for partition and for a declaration that the deed of gift in favour of Farida Begum is fraudulent, etc. and that the plaint..Category: Property Law | Date: | Hits: 58
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....rade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time of hearing of such matters and upon satisfaction of the Court that the......el for the defendant-petitioners, submits that the defendant-petitioners had earlier filed Other Suit No.78 of 1994 against the plaintiff-respondent in the 1st Court of Subordinate Judge, Pabna on declaration that “ORALSALINE” or “ORSALINE” are not similar and identical. ..Category: Intellectual Property Law | Date: | Hits: 242
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
....Hossain, Advocate-on-Record — For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record—For the Respondent No. 5. Respondent Nos. 1-4 and 6-14— Not represented. Civil Petition for Leave to Appeal No. 158 of 1994. (From the judgment and order dated 9-3-94 passed by the Hi...... 7 days therefrom. By letter dated 15-7-92 respondent No.4 fixed 20-7-92 as the date of administering the oath to respondent Nos. 5-14. On 20-7-92 the petitioner filed Title Suit No.153 of 1992 for a declaration that the Memo. fixing the date of administration of oath to respondent Nos.5-14 was ille..Category: Election Law | Date: | Hits: 110
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....d. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recover......er party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recovery of possession in a suit for declaration of title will end all pending controversies between the parties and will not amount to c..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... and others………………….Respondent Judgment July 31, 1997. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the......e plaintiff not having exclusive possession and involves question of complicated title, without such relief, the suit cannot proceed. The lower appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 & 9) Lawyers Involved: Md. Fa..Category: Property Law | Date: | Hits: 93
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
.... Md. Sajjadul Huq, Advocate-on-Record — For the Petitioners. Shahab uddin Ahmad, Advocate-on-Record — For the Respondent Nos.1-5. Not Represented— Respondent Nos. 6-39. Civil Petition for Leave to Appeal No. 577 of 1995. (From the judgment and order dated 3 April, 1995 passed by t......sion No. 889 of 1987). Judgment Bimalendu Bikash Roy Choudhury J. - The plaintiffs who are the respondents before us filed Title Suit No.743 of 1976 in the First Court of Munsif, Kushtia for declaration of title with averments which are not necessary to be stated to decide the legal postula..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
.... valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, canno......ng evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, cannot be denied……………(4 & 5..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....Advocate-on-Record—For the Petitioner. Abdus Sobhan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 2. Not Represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 967 of 1997. Judgment Mustafa Kamal J. - This petition for leave to......ging the Rule Nisi. 2. The writ petitioner as the Member- Secretary of the Shahid Manik Adarsha Balika Biddalaya filed Title Suit No. 140 of 1992 in the 3rd Court of Assistant Judge, Dhaka for a declaration that the order dated 19-9-92 passed by the Higher and Secondary Education Board Dhaka fo..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
.... appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the case on remand to the appellate court for re-hearing the appeal upon proper assessment of the evidence on record. But there may be cases w......ant Judge Additional Court, Sadar Jessore dismissing Title Suit No. 69 of 1988. 2. The predecessor-in-interest of respondent Nos. 1-14 late Razab Ali Molla instituted the aforementioned suit for declaration of his title to the suit land. The case of the plaintiff, in brief, is that the suit lan..Category: Property Law | Date: | Hits: 74
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....bdul Jalil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
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