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Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
.... obtained on understanding and consent of the parties, appeal do not lie from such decree by either party. The points lost earlier on consent cannot be raised on appeal. The claim of death of Naser before the decree was passed, claiming the decree to be a nullity is barred as because such claim was ......The Evidence Act, 1872 (I of 1872), section 115 The Limitation Act, 1908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the cl...... 1908 (V of 1908), section 96 (3) & Order II, rule 2(2) The Evidence Act, 1872 (I of 1872), section 115 The Limitation Act, 1908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are b..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Division reversing the same dismissed the suit against defendant No.1 and decreed it for Tk. 40,000/- against defendant No.2. 5. The appellant's suit for specific performance of cont...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......an and others....................................Respondents Judgment January 22, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature giv..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....e High Court Division in 2nd Appeal No. 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" &am......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......gle Bench of the High Court Division in 2nd Appeal No. 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", &qu..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......y prepared and finally published. On the death of Saku Sarder his interest devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adverse..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property......vour of the defendant Nos. 1 and 2 are illegal, void and not binding upon the plaintiff (the last relief Was inserted in pursuant to the order of the Court dated November 19, 1988 allowing prayer for amendment of the plaint). The application seeking amendment of the plaint was filed on July 10, 1988......itle Suit No. 396 of 1976 decreeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....rt reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ...... Narayangonj who allowed the appeal in part reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest i..Category: Property Law | Date: | Hits: 40
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....: The appeal is allowed. The Criminal Procedure Code, 1898 (V of 1898), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Specia......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..Category: Criminal Law | Date: | Hits: 58
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an applic...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
.... is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election trib......ibunal on an election petition shall be final and shall not be called in question in or before any court as was originally provided under section 29(3) of the aforesaid Union Parishad Ordinance. On amendment of section 29 appeal has been provided under clause (4) to the District Judge and it has b....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....t August 29, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented-Respondents Criminal Petition for Leave to Appeal No. 8 of 2004. Judgment: ...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......e No. 3128 of 2001 praying for quashing the above proceeding pending in the Court of Metropolitan Magistrate Court No. 19, Dhaka stating that the complainant/petitioner on 13.1.2001 filed a complaint case against him and others on the allegations that he and others created an affidavit being..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
.... Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the petitioners. Not represented-Respondents Civil Petition for Leave to Appeal No. 1180 of 2004. Judgment: ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......ssed by the Artha Rin Adalat No. 2, Dhaka rejecting the application dated 22.9.2002 filed by the defendant petitioner under Order 7 rule 10 of the Code of Civil Procedure for returning of the plaint filed in Title Suit No.9 of 2001. 2. Bangladesh Commerce Bank Limited, the respondent ..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......d void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plaintiff by the defendants in respect of the land in suit and for recovery of possession upon evi..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
.... Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1824 of 2002 Judgment ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......by the Senior Assistant Judge, Chakaria in Other Suit No. 42 of 1987 filed under section 14(2) of the Arbitration Act. 1940. 2. The facts of the case, in brief, are that respondent No.1 as plaintiff filed Other Class Suit No.42 of 1987 under section 14(2) of the Arbitration Act, 1940 in ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....ate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with the leave of the Court), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the respondent. Civil Petition for leave to Appeal No. 1812 of 2002 Judgment &n......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......laration reinstatement as well as LPR benefit are set aside while the judgment in respect to mandatory injunction declaration, reinstatement and LPR benefits affirmed. 2. The plaintiff-respondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subo..Category: Employment/Service Law | Date: | Hits: 136
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
..... - This appeal by leave is directed against the judgment and order dated 15.01.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......gh Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner an..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....structed by Syed Mahbubur Rahman Advocate- on-Record- For the petitioners. Nurul Islam Bhuiyan, Advocate- on –Record-For Respondent No. 1 Not represented-Respondent Nos. 2-7 Civil Petition for Leave to Appeal No. 1124 of 2005. (From the judgment and order dated 25th April, 2005 passed ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......ion dated 25.06.2003 as an application under Order 26 Rule 9 read with section 151 of the Code of Civil Procedure allow the same, and then issue a writ for local inspection. 2. The petitioners, as plaintiffs, filed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar, Dhaka pr..Category: Civil Law | Date: | Hits: 116
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....তিয়ানে পরিমিত হইয়াছে।” 3. It was the case of the plaintiffs that defendant Nos.1-6 and defendant Nos.8-11 of Title Suit No. 206 of 1976 died long before the institution of the said suit, that plaintiff No. 1 and the defendant Nos. 4-6 of the instan......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ment and decree dated April 28, 1985 of the Court of Munsif (now Assistant Judge) Upazila Babuganj, Barisal in Title Suit No. 285 of 1984 decreeing the same in part and thereby declaring title of the plaintiff Nos.2-4 acquired by the kabala dated September 30, 1975 and also declaring title of the de..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....sion in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned Dist...... Judge, Kushtia is fraudulent, void and not binding upon them and for declaration that the suit property is not vested property and also prayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one ......appeal by leave is directed against the judgment and order dated 08.12.1999 passed by a Single Bench of the High Court Division in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint D..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....tioner Khondker Mahbubuddin Admed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by......redit by increasing the quantity to 3000 metric tons and thereby increased the value from 11000 U.S. Dollar to 13,20,000/- for the goods to be imported and the plaintiffs bank transmitted the amendment of the said letter of credit and that while the plaintiff requested the defendant No.2 fo......ave to appeal against the judgment and order dated 26.10.2005 passed by a Division Bench of the High Court Division in First Appeal No. 70 of 2004 dismissing the appeal. 2. The petitioner as plaintiff instituted Title Suit No. 214 of 2003 in the Court of Joint District Judge, 2nd Court, C..Category: Business or Commercial Law | Date: | Hits: 121
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....he judgment and order dated 15.03.2005 passed by the High Court Division in writ petition No. 6818 of 2004 making the rule absolute. 2. Respondent Nos. 1 and 2 filed writ petition No. 6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant licence in favour of...... and was ready to market the same the Act was suddenly amended on 11.05.2004 as a result of which the respondents were debarred from selling the unsold stocks of the products earlier and that after amendment of the law the company applied for the licence fulfilling the requirement of law but with ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
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