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Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

.... 10-12-1996 in the morning when the plaintiff School engaged laborers to cut a tree, the President and Secretary of the Masjid Committee and some outsiders obstructed the cutting of the said tree and claimed the suit property to be the property of Mosque. The plaintiff School asserts that it has exc......AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party.......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......he judgment and order dated 16-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additional Assistant Judge, Dhaka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failu......ka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failure to pay installment of the decretal money. The petitioner and the opposite party married on 9-12-1998 affixing the dower money at Taka 7..

Category: Family Law | Date: | Hits: 162

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....r eviction of the tenant opposite party No. 1 from the shop room No. 2 in the ground floor of holding No. 20 Islampur Road within PS Kotwali, Dhaka on the ground of default in payment of monthly rent claiming opposite party No. 1 to be their monthly tenant. The petitioners also filed SCC Suit No. 9 ......nding in the Court of the Assistant Judge, 3rd Court, Dhaka till the disposal of the suit. 2. The short facts relevant are that, the petitioners being plaintiff instituted SCC Suit No. 8 of 1994 before the SCC Judge and Assistant Judge, 3rd Court, Dhaka for eviction of the tenant opposite party N......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...

Category: Property Law | Date: | Hits: 57

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

..... 4. The parties adduced evidence to the best of their ability. The learned Assistant Judge upon considering the averments put forward in the plaint found that the plaintiff No. I at the same time claimed the suit land by inheritance and also founded his claim on tenants transaction i.e. he claim......ent Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petition......n of arrear rent and in execution of the rent decree the land of the said Khatian was auction sold which was purchased in the benami of Asmat Ali Howlader the maternal uncle of the plaintiff with the money of the plaintiff given by the defendant No. 19 and that Asmat Ali the predecessor of the defen..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....of appeal and withdrawal order are annexed to the affidavit-in-opposition and marked as Annexure 3 and 3(a) respectively. 7. It is submitted by the respondents that the river plot No. 139 which as claimed by the petitioner was leased out as Sairat Mohal by the Fisheries Department to Goalba Mutib......torney-General — For Respondent No. 1. KS Zaman, Advocate — For the Respondent Nos. 10 and 14. Writ Petition No. 1198 of 1995. Judgment Mainur Reza Chowdhury J. - This writ petition before us is filed by the petitioner Sajeda Begum at whose instance a Rule Nisi was issued calling upo......easonable now to cancel a title established about 20 years back. The belated plea of public easement was unacceptable. The Additional Commissioner further held that the respondent did not deposit the money which is to be paid back to the auction purchaser in the event of the sale being set aside. He..

Category: Property Law | Date: | Hits: 107

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......al Assistant Judge-in-Charge and Family Court, Sadar, Chandpur in Family Court Case No.4 of 1991 should not be set aside. 2. The opposite party as plaintiff filed Family Suit No. 4 of 1991 praying for a declaration that the divorce given by the defendant No.1 is illegal, collusive, null and void ......also prayed for restitution of the conjugal life. 3. The defendant appeared and contested the suit by filing written objection. The plaintiff married the opposite party on 1-10-78 fixing the dower money at Taka 35,000.00. They lived happily but on certain occasions there were serious mental confl..

Category: Family Law | Date: | Hits: 180

Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)

....rs made amicable partition and Ismail Bepari got 0.½ decimals of land and Ibrahim and Ahmed got the remaining 0.½ decimals of land. Israil Bepari got no share in the said dag and in exchange of his claim Israil got some bhiti land. On the southern portion of the suit land dag No. 2012 measuring 0.......e judgment and decree dated 24-5-87 passed by the Senior Assistant Judge and Small Cause Courts Act Judge, Kishoregonj in Small Cause Courts Act Suit No. 1 of 1986. 2. The plaintiff filed the suit for eviction of the defendant from the suit premises. The suit premises measuring 0.01 acre of land ...... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510...

Category: Civil Law | Date: | Hits: 89

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....ld not get the LC validity extended and consequently, the plaintiff had to export the same at his own risk on collection basis sustaining a loss of US$ 14930.00 because of his UK visit. The plaintiff claimed that the loss that he had to suffer was due to the defendant No. 1’s inability to complete......cial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff is not liable to pay technical fee ......ecree of declaration to the effect that the defendant No. 1 is not entitled to pay any technical fee, shall become meaningless. He further submitted that the plaintiff has an interest in the disputed money which is designated as technical fee in that if the plaintiff succeeds in obtaining decree in ..

Category: Civil Law | Date: | Hits: 164

Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)

.... and Rent Receipt Book (exhibit Chha) found that such mutation did, indeed, take place and that the petitioner thereby ceased to be a co-sharer in the case land. He had, therefore, no locus standi to claim pre‑emption under section 24 of the Non­-Agricultural Tenancy Act. Accordingly, the learned......rned Subordinate Judge, 1st Court, Rangpur in Miscellaneous Case No. 25 of 1995 (a proceeding under section 24 of the Non-Agricultural Tenancy Act) disallowing the pre­-emption. 2. Facts relevant for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to p......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214...

Category: Property Law | Date: | Hits: 53

Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)

....me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......oor of International Romance measuring 1735 sft as per agreement in between them. As per agreement she handed over a pay order being No. 250159 dated 26-­6‑1997 in favour of the accused petitioner for Taka 22,00,000 and after receipt of the money the accused petitioner issued a money receipt. The......sft as per agreement in between them. As per agreement she handed over a pay order being No. 250159 dated 26-­6‑1997 in favour of the accused petitioner for Taka 22,00,000 and after receipt of the money the accused petitioner issued a money receipt. The Accused petitioner failed to make over poss..

Category: Criminal Law | Date: | Hits: 28

Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)

....been getting their salary and other benefits from the Rupali Bank Ltd. and thus they became permanent workers of Rupali Bank Ltd. after expiry of the probation period. The Rupali Bank Ltd. denied the claim of the petitioners and in the written statements stated that the petitioners were not their em......nd order dated 27-10-98 passed by the Chairman, Second Labour Court, Dhaka in IRO Case No. 6 of 1994 filed by the respondent No. 2 Md. A Mannan, Temporary Godown Keeper. 3. Common fact in all the aforesaid cases are that the petitioner of the respective cases were appointed by the Bank on tempora...... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602...

Category: Labour and Industrial Law | Date: | Hits: 134

Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)

....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199....... Magistrate 1st Class Narayangonj should not be quashed. 2. The short fact of that case is that the opposite party No. 2 as complainant filed petition of complaint against the accused petitioner before the Magistrate 1st Class Narayanganj stating that out of business transaction the accused petit......t Class Narayanganj stating that out of business transaction the accused petitioner received taka 5,75,000 in cash and Taka 54,91,968 as per involve from the opposite party No. 2 and against the said money the accused petitioner issued cheque No. 239022 for Taka 5,75,000 dated 26‑1‑1999 and cheq..

Category: Banking Law | Date: | Hits: 191

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

.... decree passed in a suit for specific performance of contract does not cover under any clauses of the proviso to section 5 of Ordinance No.LIV of 1985. It is not a decree declar­ing the title of the claimant since in such a decree the Court does not declare that the building is not an abandoned pro......of 1980, 408 of 1982 and 213 of 1985 from competent Civil Courts prior to the date of inclusion of the dis­puted property in the abandoned property list on 23rd September, 1986. 2. Facts relevant for the disposal of this appeal are that appellant entered into a contract for purchase of the dispu......l of this appeal are that appellant entered into a contract for purchase of the disputed property on 22nd December, 1970 with the owner Jalal Uddin Khan and made part payment out of the consideration money, but the owner did not execute the sale deed despite repeated demands in that regard. Conseque..

Category: Property Law | Date: | Hits: 65

Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)

....hmed and Asfina Khatun by kabala dated 12th March, 1981 trans­ferred .03 acres of land to Shamsunnahar and by another deed dated 22nd February, 1982 .02 acres of land to the plaintiff. The plaintiff claims .08 acres of land by way of purchase and inheritance. 3. The defendants contested the suit...... Judgment January 6, 2010. Lawyers Involved: Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 290 of 2009. (From the judgment and order dated the 15th day of December,......, we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998...

Category: Property Law | Date: | Hits: 47

M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd. Vs. Agrani Bank Ltd. and others, 2010, 39 CLC (AD)

.... obtained the Rule and also an order staying operation of that notice. Thereafter, in the year, 2003 the writ-petitioner itself filed a money suit No.13 of 2003 in the 1st Commercial Court, Chitagong claiming TK. 16,57,23, 3000.00 as compensation against the bank. The said money suit was subse­quen......te-on-Record-For the Petitioner. Shameen Khaled Ahmed, Advocate instructed by Abu Siddique, Advocate-on-Record-For Respondent Nos.1 and 2. Not rep­resented- Respondent No. 3. Civil Petition for Leave to Appeal No. 440 of 2008. (From the judgment and order dated the 27th day of January, ......writ petition No.1427 of 1998 before the High Court Division and obtained the Rule and also an order staying operation of that notice. Thereafter, in the year, 2003 the writ-petitioner itself filed a money suit No.13 of 2003 in the 1st Commercial Court, Chitagong claiming TK. 16,57,23, 3000.00 as co..

Category: Banking Law | Date: | Hits: 191

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....le to pay to the defen­dant No.7 an amount of Tk. 5,54,69,729/- against the price of the fish feed supplied by the defendant No.7 they are not liable to pay the outstanding price to the plaintiff as claimed other than the commission that it was legally entitled to from the defendant No.7. Defendant......slam, Senior Advocate (with Mahbubey Alam, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2495 of 2009. (From the judgment and order dated 9.6.2008 passed by the H......nt No. 1 is that it never issued any letter of comfort to the plaintiff to pay the dues against the supply of fish feed to the defendant Nos. 2-4 and there­fore it is not under any obligation to pay money to the plaintiff. The other defen­dant Nos. 2-4 in their written statements have admitted tha..

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....s dated 15-10-2000 and 25-10-2000 were held in presence of the petitioner and the respondent Nos. 2 and 3 and they put their respective signatures on the resolution in the usual manner. It is further claimed that the respondent No. 2 as the Chairman and Managing Director of the respondent No. 1 Comp......he petitioner and the respondent No. 2, who are childhood friends. Loan was taken from Sonali Bank as a result of which there is a huge outstanding liability to Sonali Bank. 7. The petitioner left for India on 28-9-2000, but before his departure the respondent No. 2 asked for the signature of the......pective signatures on the resolution in the usual manner. It is further claimed that the respondent No. 2 as the Chairman and Managing Director of the respondent No. 1 Company invested huge amount of money and also mortgaged his landed property to Sonali Bank for the project loan of the Company. It ..

Category: Company Law | Date: | Hits: 247

Md. Kamal and another Vs. State, 2010, 39 CLC (AD)

....haka framed charge against the accused persons under sections 394, 302, 411 read with section 34 of the Penal Code which was duly read over and explained to them when they pleaded their innocence and claimed to be tried. 6. Prosecution in order to prove the charge brought against the accused-perÂ......Kazi Akter Hamid, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- the Respondent (In both the cases) Criminal Review Petition for Leave to Appeal Nos. 3-4 of 2010. (From the judgment and order dated the 14th day of October......n Sardar and Kamal who were caught read-handed also confessed their guilt and disclosed the name of accused Abdul Kader as their accomplice who somehow managed his escape with the stolen revolver and money. The victim police Inspector Nazrul Islam was sent to Dhaka Medical College Hospital where he ..

Category: Criminal Law | Date: | Hits: 54

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....vely as plaintiffs filed Title Suit No.253 of 1986 for declara­tion of their title- and possession in the suit land, which they acquired through purchase from Kallayani Debi, and that the defendants claiming owner-ship in the suit land by creating forged sale deed dispossessed the plaintiffs from t......dvocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the ......e concur­rent findings of the courts below and also failed to consider that the alleged vendor of the plaintiffs, Kallayani Debi, had no saleable interest in the suit land after the execution of the money decree in reference and that the High Court Division erred in law in holding that because of w..

Category: Property Law | Date: | Hits: 51

Md. Abdus Sattar Khan (Rtd.) Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others, 2009, 38 CLC (HCD)

....arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ......inquiry report holding that those properties acquired by the petitioner were not disproportionate to his known source of income and accordingly the Deputy Director, Bureau of Anti Corruption, Dhaka informed all concerned to file the complain against the petitioner as the allegations were baseless an...... The petitioner replied to the notice on 21.2.2001 admitting that out of the properties as serialized in the notice, property serial Nos. 1, 2, 4 and 5 acquired legally by the petitioner with his own money and moneys borrowed from the Bank and relatives. However, he denied ownership of the propertie..

Category: Anti-Corruption Laws | Date: | Hits: 171