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Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......l Wadud Bhuiyan, Senior Advocate with Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-3 and 6. Not represented- Respondent Nos. 4-5. Civil Petition for Leave to Appeal No. 96 of 2009. (From the judgment and order dated the 14th day of May, 2009 ......approved plan of the DIT and that the authority issued clearance certificate on 21.07.1968; that said Md. Jamiruddin while had been owning and possessing the suit property, he being in need of cash money proposed to sell the suit property to the plaintiffs on the 1st week of March, 1971 and the pl..Category: Property Law | Date: | Hits: 32
....47 of 1991, filed Execution Case being Title Execution Case No. 3 of 1999 in the 3rd Court of the Subordinate Judge, Dhaka for realisation of the decreetal amount along with interest who rejected the claim for set off by the impugned order dated 11.5.2008 holding that since both the execution cases ......vocate-on-Record-For the Petitioner (Appeared with the leave of the Court).
Abdul Wadud Bhuiyan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record- the Respondents.
Civil Petition for Leave to Appeal No. 388 of 2009.
(From the judgment and order dated 02.12.2008, 2009 passed b......tion Case No. 3 of 1999.
3. The learned Judges of the High Court Division noticed "From the above stated admitted facts it is evident that both the sets of Writ Petitioners have got one decree for money each against the other. Admittedly the Writ Petitioner Eastern Bank Limited has got a decree f..
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2-12. Civil Petition for Leave to Appeal No. 378 of 2008. (From the judgment and order dated the 2nd day of August, 20......on. Narayan Chandra entered into an agreement with Rabeya Khatun but in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereafter since the Narayan..Category: Property Law | Date: | Hits: 33
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....e, it is expected that they will treat the child kindly: Hedaya, 138. But in cases when the paternal uncles are found acting, against the interest of the minor, and in the absence of any other better claimants, this rule does not appear to bar the Court to declare or appoint the guardian of the mino...... Appeal No. 287 of 1993 affirming those of the Assistant Judge, Court No.2 at Dhaka dated 25-7-93 in Act VIII Case No. 100 of 1989 in appointing the mother as guardian of the minor. 2. Short facts for disposal of the Rule are that, opposite party No.1 made an application before aforesaid Assistan......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....reas noticed the aforesaid decision in Ali Ahmed. In Serajuddin Vs. Mizanur Rahman, 29 DLR (SC) 82, the then Supreme Court was of the view: “A party in order to get interlocutory injunction must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary...... of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purch......hased and possessed. So, at the moment, he cannot be heard to say that if the defendants are allowed construction in their land, any of his rights would be violated, which could not be compensated by money. On the other hand, it cannot be said that obstruction of the plaintiff to the construction ha..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....rce of knowledge of the transfer of the land to the pre-emptee. 3. Madinullah contested the case by filing written objection. He pleaded that the case was maintainable due to defect of parties. He claimed that, contrary to the requirements of section 96(1) the State Acquisition and Tenancy Act, 1...... case holding. This is the case land. This is contiguous to the land held by Mannan and lies next to his ‘baithakkhana’. This gave Mannan an occasion to file, almost 7 years later, an application for pre-emption of the case land and institute the Miscellaneous Case No. 4 of 1997. It was under se......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ...... were called upon to show cause as to why the proceedings of CR Case No. 25/99-50(1)/99, pending in the Court of Magistrate, First Class, Kishoregonj should not be quashed. 2. The learned Advocate for the accused petitioner has submitted that cognizance was taken by the learned Magistrate under s......he petition of complaint it appears that after giving a specific promise of returning the amount accused petitioner took Taka 1,20,000 from complainant and the cheque which he issued for repayment of money was dishonoured. As the amount was taken after giving a specific promise of returning the amou..Category: Criminal Law | Date: | Hits: 28
....he Code of Civil Procedure provides for allowing the amendment for determining the real question in controversy between the parties. Then question of limitation may arise in two ways: (1) whether the claim to be included was on the date of institution of the suit (2) whether the claim was barred on ......t
Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment of the plaint.
2. The plaintiff and defendant Nos. 2 and 3 are engaged in the busin......on of further relief after clause C of paragraph 20 of the plaint, which are of the following effect,
CI the joint declaration dated 1-8-91 to be declared void ab initio and be cancelled;
CII a money decree for a sum of Taka 3,90,735;
CIII defendant No. 2 and 3 to be declared liable and res..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
.... of execution of bainapatra. I do not find any reason to disagree with such finding arrived at on the basis of credible evidence on record. But the fact remains that the transferee is not entitled to claim consideration money in excess of the amount mentioned in the deed of transfer itself as contem......pposite Parties. Civil Revision No. 5039 of 1998. Judgment KM Khaled J.- This Rule, was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13......h statutory compensation as required under section 96 of the State Acquisition and Tenancy. 3. The opposite party No.1 Mohsin Ali Mandal contested the case stating, inter alia, that the deposit of money was insufficient as the consideration of the sale was fixed at Taka 40,000 which was actually ..Category: Procedural Law | Date: | Hits: 75
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......dent No. 2 to recover Taka 16,000 with interest from 19-4-1989 from the writ petitioner.
2. Facts leading to the issuance of the Rule, in brief, are; Respondent No. 2 filed Money Suit No.2 of 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in......er Taka 16,000 with interest from 19-4-1989 from the writ petitioner.
2. Facts leading to the issuance of the Rule, in brief, are; Respondent No. 2 filed Money Suit No.2 of 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in short, is that res..
Category: Civil Law | Date: | Hits: 76
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....d Hazrat Baku Shah Hawkers Market Somabaya Samity due to a subsequent order issued from the Prime Minister's office in the year 2003 stopping the registration process. The Dhaka Municipal Corporation claimed said 1.68 acres of land along with 4.546 acres of land in C.S. Plot No. 128 Mouza Natun Palt......rit Petitions were heard analogously. 2. The Rule was issued in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. ......session of 1.68 acres of land and that the said Hazrat Baku Shah Hawkers Market Somabaya Samity after getting allotment for lease of 1.68 acres of land for a period of 30 years paid the consideration money amounting to Tk.16,80,21,000/-, duly accepted by the Government, and when the Government was t..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....h Court Division are bad in law and fact for its total non-consideration and misreading of evidence and misinterpretation of law points in a suit for specific performance of contract where the main claim of the plaintiff is based on an alleged oral agreement with unspecified, undemarcated schedu......nstructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 200......in respect of Dag No.235 and the plaintiff was defendant No.4 in that suit and during pendency of that suit, the defendant No.1, proposed to sale his share of the suit property for his necessary of money and the plaintiff agreed to purchase it and they settled the matter in Modina Engineer Works..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....defendants and they separated the jama by Separation Case Nos. 213 and 424 of 1963-64 and have been possessing their land uninterruptedly without intervention from any quarter and denied plaintiffs claim of title as alleged in the plaint. 4. Mr. A.Q.M. Safiullah, learned Advocate, appearing for......bruary 11, 2010. Lawyers Involved: A.Q.M. Safiullah, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.954 of 2009. (From the judgment and order dated the 17th day of March, 200...... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651...Category: Property Law | Date: | Hits: 30
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....cerned has failed to discharge his duty that a direction of the nature contemplated by Article 98 will issue." 10. Annexure 'A’ according to the petitioner is the foundation of the petitioner's claim to title to the office of Chairman if so elected. Construction of a document which is the ......i Shafiuddin J.- This Rule was issued calling upon the respondents to show cause why the respondent Nos. 1-4 shall not be directed to hold fresh polls at Dhaka Uttar Muhammadpur High School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District ......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....fice by taking resort to various means by filing various applications before different forums and thereby he endeavored to perpetuate in the same office to the deprivation of Respondent No. 5's claim to office who has secured the highest number of votes in the said Union Parishad Election. ......hould not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner along with other candidates contested the election for the office of Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.88 and 11.4.88. The p......Dewan Abul Khair Chowdhury executed a promissory note, Annexure X-I on receiving a promissory note duly executed by Sabbir Ahmed Chowdhury (Annexure-X) binding him (Sabbir Ahmed Chowdhury) to pay the money on demand to Abul Khair Chowdhury and Gofran Chowdhury. This goes to show that respondent No. ..Category: Election Law | Date: | Hits: 104
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....ondents instituted Title Suit No. 26 of 2001 in the Court of Assistant Judge, Keranigonj, Dhaka seeking above relives in respect of .21 acres of land of Plot No.37 in Mouza Joynagar, Keranigonj. They claim that the petitioner has been threatening them to dispossession. They prayed for an order of in......ar, Advocate-on-Record-For the Petitioner. Moinuddin, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (Appeared-with the leave of the Court). Civil Petition for Leave to Appeal No. 1256 of 2009. (From the judgment and order dated 9.4.2009 passed by the H......ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647...Category: Property Law | Date: | Hits: 33
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure. 2. The facts, in short, are that the plaintiff-appellant-respondents filed the suit for recovery of Tk. 15, 48, 95,233.69. The claim in the suit arose in consequence of bifurcation of various shareholder-directors of a member......- For Respondent No. 3. Abdur Razzaque Khan, Senior Advocate instructed by Syed M. Rahman, Advocate-on-Record-For Respondent Nos. 5-11. Not represented-Respondent Nos. 4, 12. Civil Petition for Leave to Appeal No.26 of 2009. (From the judgment and order dated 10.11.2008 passed by the Hi......nt as proforma defendants Nos.7 to 10 the companies of 'ka' group. The plaintiff-appellant-respondent in the relief sought for in the plaint prayed for a decree of declaration and alternatively a money decree against the principal defendant-respondent-petitioners Sonali Bank Ltd. in respect of..Category: Procedural Law | Date: | Hits: 81
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....on trial before the Assistant Sessions Judge, 1st Court, Magura in Sessions Case No. 16 of 1999 to answer charges under sections 385/387 of the Penal Code, to which the accused pleaded not guilty and claimed to be tried. 5. The defence case as it appears from the trend of cross-examination of the......ns Judge, Magura in Sessions Case No. 16 of 1999 convicting the four appellants and another co-accused under sections 385/387 of the Penal Code and sentencing them thereunder to rigorous imprisonment for 7 years and to pay a fine of Taka 1,000 each, in default, to suffer rigorous imprisonment for a ...... as ransom to be paid by 1997. Thereafter the miscreants asked not to disclose this fact to anybody. He also stated that the miscreants had given out to him that they would come back soon to take the money. At about 9-30 PM on 31-1-1997 the informant was coming back home from Magura Town and when he..Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....he suit is not maintainable, barred by limitation and also barred by waiver estoppel and acquiescence, etc. Although in its written statement, the defendant No. 1 admitted the loan but made a counter-claim of Taka 17,71,100 towards his loss of wheat pledged with the bank, yearly rentals of the godow......s of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery of Taka 16,45,750 as on February 1988, against defendants. The defendant No.1 contested......f Taka 8.00 lac was allowed in its favour by the plaintiff which was subsequently enhanced to Taka 11.00 lac by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....has been a dispute between the people of Bhola and the people of Barisal over the possession of the char land which is well-within the jurisdiction of Bhola but the people of Barisal are laying false claim over it and it is out of the said false claims that the present case has been filed. It has be......eral — For the State. Criminal Miscellaneous Case No. 8044 of 2001. Judgment Gour Gopal Saha J. - This case arises out of an application under section 526 of the Code of Criminal Procedure for transfer of GR Case No. 133 of 1999, arising out of Mehendiganj PS Case No. 10(11) 99 under sect......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
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