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Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......plaintiff has stated that although the said time was not the essence of the contract, the principal defendant Nos. 1 and 2 did not perform their obligation undertaken by them for the sale of the suit land as per agreement. On the contrary, the defendant Nos. 1 and 2 are trying to sell the Suit land ......For the Petitioners. Md. Roushan Ali with Md. Rabiul Karim, Advocates - For the Opposite Party No.2. Civil Revision No.1718 of 1935. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in......between himself and the present defendants, then he should file the properly constituted suit for necessary relief in the matter. To add 3rd party as a defendant in the present suit would involve the question of determination of a right between the 3rd party and the present petitioner and the suit f..Category: Procedural Law | Date: | Hits: 121
....before the Labour Court, the respondents office issued the impugned order No.6/Estate/l80 (part)-4/488/1(10) dated 14-5-97(Annexure-C) asking the petitioner to vacate the quarter and deliver over the possession of the same on or before 1-7-97.
3. It is submitted that the aforesaid order passed b......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......ect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......tain decisions and the nature of his work which shows that he was in fact a worker and not an employer and therefore, the provisions of the Standing Orders Act applied to him. We will not go into the question whether the petitioner is a worker or not as the aforementioned Case No.9 of 1997 is pendin..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....after the expiry of 30-7-1996 is absolutely without jurisÂdiction, he contends. The learned Advocate further submits that it is only the Court which can extend time for making the award but admitted possession is that the passing of the order dated 6-5-1996 till the date of filing of the award on 1......iled in the execution case by the BTTB as a Government department on behalf of the GovernÂment and that the opposite party No.1 is also pursuÂing their remedy against the Board and wanted to attach lands of Khatian No.1 which is belonging to the People's Republic of Bangladesh. Therefore, in the e...... Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate - For the Opposite Party No.1....... case Executing Court is also under legal obligation to see if the instant decree is executable or not and to see that this Court is also entitled to examine the legality or validity of the decree in question. Mr. Rais Uddin submitted that no doubt this rule arises out of an order passed by the Exec..Category: Alternative Dispute Resolution | Date: | Hits: 291
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....leged by the plaintiff, that the defendant 16, Government tried to settle the suit land to different persons in collusion with the defendants 1-15, although it is admitted that the plaintiffs were in possession of the suit land. Hence the plaintiff filed Other Class Suit 50 of 1986 for declaration, ......1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in Settlement Appeal Case 154 of 1981-82 cancelling the settlement of the suit land made earlier in favour of the plaintiff and the order dated 9-10-85 passed by the Additional. D...... Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BL......™s Eksona (year-by-year basis) could not be proved by any legal document or by any competent witness. Defendants possession also could not be established. 13. Possession is not material. It is the question of legal settlement of the suit land. Whether the suit land -has been legally settled to th..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....uld not be declared to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an are......suance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was own......Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......espondent and possession of the petitioner was not disturbed in the remaining land. The petitioner filed affidavit-in-reply stating therein that it is untrue that her purchased portion of the plot in question had already been utilised in Road No.1 and the petitioner illegally is not in unauthorised ..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......plication under section 115(1) of the Code of Civil Procedure the petitioner stated, inter alia, that Partition Suit No.37 of 1991 between the parties was decreed on compromise in respect of the suit land against which Execution Case No.32 of 1993 was instituted. During the pendency of the same the ......osts and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....o an agreement of sale dated 20-3-1974 in respect of the suit land and on receipt of Taka 7,500.00 by way of advance out of the total consideration money of Taka 8,000.00 inducted the petitioner into possession. But the said predecessor-in-interest deferred to execute and register necessary sale dee......as plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-opp......eed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......statement in Court. The trial Court thereupon by the impugned order dated 17-10-1989 by a cryptic order accepted the filing of the additional written statement without assigning any reason. 5. The question that has arisen in the facts and circumstances of the case is, as to whether the trial Cour..Category: Procedural Law | Date: | Hits: 148
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....95 should not be set aside. 2. The petitioner as plaintiff instituted Title Suit No.4 of 1994 in the Court of Senior Assistant Judge Sadar, Comilla for declaration of title and recovery of Khas possession alleging, inter alia, that the opposite party who is a tenant under him has no title and ......ecree and restoring the original suit to its file and number. 3. Mr. Mokhlesur Rahman, learned Advocate for the petitioner, submits that the opposite party has no title and interest in the suit land and as such, Miscellaneous Case No.7 of 1998 under Order 9 rule 13 of the Code of Civil Procedu...... Referred to- Purvada Satyanarayan Amurthy Vs. Gadeppalli Sundara Rao, AIR 1938 (Madras) 603. Lawyers Involved: Md. Mokhlesur Rahman, Advocate-For the Petitioner. Syed Mahmud Hossain, Advocate — For the Opposite Party. Civil Revision No.1386 of 1998. Judgment ......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
....ecution and registration of the sale deed by the defendant after obtaining income tax clearance certificate and other necessary papers. It is further stated in the plaint that the defendant delivered possession of the suit property in favour of the plaintiff on receipt of a further amount of Taka 5,......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......51 DLR (HCD) (1999) 412.
......hin the period of limitation saved the suit from the mischief of limitation. Mr. Nurullah further submits that the trial Court considered all aspects of the matter for decreeing the suit, because the question of hardship must be judged on the date of the contract and not in the light of the subseque..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ...... 3. The present petitioners as plaintiffs institutÂed a suit on 17.9.80 being O.C. Suit No.305 of 1980 in the Court of the learned Subordinate Judge, Bogra for declaration of their title in the suit land and the same was valued at Taka 10,500/- only. At the time of the institution of the suit, the ......89) 490. ......eved by the aforesaid order of transfer of the said suits, the petitioners filed the revisional applications in this Court and obtained the present rules. 6. In these Rules a very important common question of law is involved. The question is whether in view of section 5 of the Civil Courts (Amend..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......cts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......on and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued." 20. It is well settled that section 21 is only a rule of construction and the question as to the exisÂtence of an implied power of cancellation must be determined with reference..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....ll not be declared to be held in the said Union Parishad. 2. The petitioner alleges that for violation of Martial Law Regulation Nos.14 and 15 of 1982, i.e., for unauthorised detention and illegal possession of 1709.24 acres of land for the period from 23.5.82 to 7.11.83, the respondent No.6 was ......n the said Union Parishad. 2. The petitioner alleges that for violation of Martial Law Regulation Nos.14 and 15 of 1982, i.e., for unauthorised detention and illegal possession of 1709.24 acres of land for the period from 23.5.82 to 7.11.83, the respondent No.6 was convicted by the Chairman, Summ......sult, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...Category: Election Law | Date: | Hits: 220
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....d his venÂdor. The plaintiff’s case was that he purchased 26 sataks of land described in the schedule to the plaint from the defendant Kamaluddin by registered kabala dated 22.3.72 and has been in possession thereof since then and he also mutated his name in the recent settlement record and has b......s relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the petitioners one Kamaluddin and his venÂdor. The plaintiff’s case was that he purchased 26 sataks of land described in the schedule to the plaint from the defendant Kamaluddin by registered kabala date......a Kamal Pasha, Advocate—For the Petitioners. AKM Abdul Hakim, Advocate—For the OpÂposite Party. Civil Revisional Case No. 48 of 1984. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the defendants-petitioners Nos.1 to 3 is directed against the judgment and decree passed......e of the disputed land and he was a benamdar and had no right to transfer" the entire land in favour of opposite party and no title has accrued to the opposite party under the kabala dated 22.3.72 in question Ext.A (1). He submitted that as the petitioners were in possession of the disputed land whi..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....xecuted on 1.11.67 and registered on 3.11.67. The said Hebanama was not executed and registered in normal way. There was neither any offer or acceptance of the Heba nor it was followed by delivery of possession. So there was no valid Heba. The said Hebanama is also hit by the Doctrine of 'Marzul Mau......through many-borga cultivators. She emphatically states that no one possessed the heba property save and except herself. D.W.2 Abdul Wahab Rari states in his depoÂsition that he borga cultivated the land in item No.5 of the schedule under the defendant No.1 since 1375 BS Before that he used to cult......affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......ed Subordinate Judge, 1st Court, Barisal dismissed the suit on the ground that the heÂbanama is a valid heba duly executed and registered by the said Abdur Rahman Sikder and that the propÂerties in question are validly owned and possessed by the defendant No.1. 5. Mr. Md. Abdus Sobhan, the lear..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......e present. It has also been brought out in the cross-examination of this witness that the Chairman (P.W.5) was present at the time of lodging of the FIR. He has denied the defence suggestion that for land disÂpute with accused Kofiluddin and for defeat of MohÂsin Ali in the Chairmen Election, he (......t him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......nts of the accused persons as there was no other Magistrate of the first class and at the relevant time he was doing the funcÂtion of a First Class Magistrate. He has stated that he put the relevant questions to the accused persons, but as he was busy with works of Upazila, he could not record the ..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....cused Asheque Ali, petitioner No.3 still pending in a Civil Court in respect of the disputed plot No.2680/3168 measuring about 70 decimals of land of mouza Nandanpur; that the disputed plot is in the possession of the inforÂmant; that on 8.11.87 at about 10.00 am the acÂcused-petitioners along wit......informant Shahidul, son of Haji Khandaker Ahmed Ali and accused Asheque Ali, petitioner No.3 still pending in a Civil Court in respect of the disputed plot No.2680/3168 measuring about 70 decimals of land of mouza Nandanpur; that the disputed plot is in the possession of the inforÂmant; that on 8.1......ajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
....operties of Kunjalal in India went to other two sons and accordingly DiÂnesh possessed the suit land and subsequently sold the same to the plaintiff by registered kabalas dated 19.7.78 and delivered possession thereof, that at the instance of defendants 4-6, defendant No.3 illegally declared the su......Bikash Roy Choudhury J.- This Rule arises out of a suit instituted by opÂposite party No.1 seeking a declaration that the orÂders dated 28.7.78 and 12.4.82 passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jur......s.
Md. Sonaullah Pramanik & others..................................Opposite Parties
Judgment
August 8, 1989.
Result:
The Rule is made abÂsolute.
Cases Referred to-
Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and or......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
..
Category: Administrative Law | Date: | Hits: 488
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....ication by the impugned order on the ground that on the basis of the registered deed of gift dated 17.3.81, the opposite party No.3 has acquired title over the suit property and has also entered into possession. The plaintiff-opposite party Nos.1 and 2 have no interest in the suit property and as su......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......10 cannot apply to Title suit No.224 of 1979 until it is restored to its file and number. 11. In Miscellaneous Case No.105 of 1981, filed under Order 9 rule 9 of the Code of Civil ProceÂdure, the question is whether the opposite-party Nos.1 and 2 can satisfy the Court that there was suffiÂcient..Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......sor of the present petitioners, and opposite-party Nos.19 to 24 as plaintiffs instituted Title Suit No.72 of 1975 in the First Court of Munsif, Kushtia for declaration of title in respect of the suit land. The defendant opÂposite party Nos.2, 3, 4, 5, 13, 15, 16 and 19 conÂtested the suit by filin...... This Case is also Reported in: 41 DLR (HCD) (1989) 481.......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......that rain water would not fall on the pathway of the plaintiff, but the Court took an undertaking from the defendant that they will not erect any sunshed over his window on the side of the plaintiffs land, and also an undertakÂing from the defendant that they will attach a pipe on the roof so that ...... High Court Division (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Anwara Khatun & Others………………………Petitioners Vs. Geasuddin Ahmed & Others…………………………Opposite Parties Judgment September 1, 1986......w by a citizen be an obligation existing in favour of anothÂer citizen for him to ask for Court's help to restrain the other from doing so or compel the other to obey the law. The answer to both the questions are in the negative for the simple reason that when a Statute imposes a particular negativ..Category: Civil Law | Date: | Hits: 178
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