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Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alija......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the plaint is fraudulent; forged, fabricated, void, collusive and not binding on the plaintiff. 2. The plaintiff (since deceased) was the maternal grandmother of the defendant a..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......laint and the structure therein. The subject matter of the suit is 1/2 decimal of land. 3. The suit was filed stating, inter alia, that the land measuring 1 decimal was taken on lease by the plaintiff and his maternal uncle Rahim Boksha Bepari by the kabuliyat dated April 12, 1939, that a..Category: Property Law | Date: | Hits: 36
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... Present: Md Ruhul Amin J MM Ruhul Amin J Ali Akbar (Md)...............................Appellant vs Shajirannessa Bewa and others........Respondents Judgment &......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......igh Court Division in Civil Order No.1451 of 1999). Judgment: Md. Ruhul Amin J. - This is a plaintiff's appeal by leave against the order dated January 11, 1999 of a Single Bench of the High ..Category: Property Law | Date: | Hits: 26
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... Md Fazlul Karim J. - The delay of 189 days in filing the application for leave to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks leave to appeal against the impugned judgment and decree dated 13-5-2001..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......, the learned Counsel questions? Learned Attorney-General has referred to the British Shipping Laws, Admiralty Practice, by Kenneth C. Mc Guffie Sec. 61 of which, provides that "usually it is for the plaintiffs solicitor to decide which forum he will choose". By this the learned Attorney-General see..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......wal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaintiff did not during long pendency of the suit. The High Court Division rightly confirmed the or..Category: Procedural Law | Date: | Hits: 110
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh House Building Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment January 11, 1989. Resul......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......er Suit No.147 of 1981 against the appellant House Building Finance Corporation in the 1st Court of Munsif, Sadar, Chittagong for a declaration that; (a) that a decree be passed declaring that the plaintiff and other loanees of the defendant No.1 for the Multi-storied Housing Scheme with floor sp..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Bangladesh........Respondents Judgment December 1, 1988. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition an......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintif..Category: Property Law | Date: | Hits: 42
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdiction, collusive and not binding upon the plaintiff and for permanent injunction restraining the defendant from giving possession to defen..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113...... A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appell......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......Revision No. 869 of 1979 setting aside the concurrent decision of the courts below and dismissing the suit being Title Suit No. 272 of 1975 of the Second Court of Munsif, Chandpur. 12. The original plaintiff No. 1 Kabil Miah Mesteri (since deceased), who was the father of Respondent No. 1 and 3 ..Category: Property Law | Date: | Hits: 33
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ............................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plainti......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ...................Petitioner Vs. Seraj Mia & ors...........................................Respondents Judgment August 10, 1988. The Specific Relief Act, 1877 (1 of 1877), Section 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater p..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......e, 1908 (v of 1908), section 104 Before exercising the discretion for restoration of a case, the court takes into consideration whether any useful purpose will be served in allowing the restoration and no such purpose is apparent on restoration in this case, the court is reluctant to restore and a......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......pplication for restoration the merit of the appeal was taken into consideration by the learned Judge. But then it has also been found that 'there was no satisfactory legal plea on the part of the plaintiff-appellant which prevented him from attending court when the case was fixed for hearing'. ..Category: Procedural Law | Date: | Hits: 96
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......hile the property in Calcutta fell to the share of remaining four brothers, namely, Mohendra, Narendra, Satyendra and Rabindra. Hemendra by four registered sale deeds transferred the suit land to the plaintiffs who went into possession thereof; but the Sub-Divisional Officer illegally served the not..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Vs. Mohammad Madhu Mia & others........Respondents Judgment: December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the fo...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......by Aidhar alias Haider Sheikh and on his death his only son, Hossain Ali, inherited and possessed it. On the death of Hossain Ali his four sons and one daughter inherited it. The sons were Eksad Ali (plaintiff No. 2), Safar Ali (pro-defendant No. 2), Pasand Ali (father of defendant No. 1, Madhu) and..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..........Respondents Judgment November 16, 1988. Result: The appeal is dismissed. The Easements Act, 1882 (V of 1882), sections 4 & 15 There can be no easement without dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be a......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......nt and it says that easement may be acquired by virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement righ..Category: Property Law | Date: | Hits: 36
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......ess without the permission of the Government……………………(7) Cases Referred To- Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P. 26; North-West Frontier Province V. Suraj Narain Anand 751. A. 342; Pakistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......rt P.H.E., Khulna Circle by his Memo N0.1207/KC dated 25.4.1977 (vide Annexure-A) illegally initiated a departmental proceeding against him and by his office order dated 16th May, 1977 discharged the plaintiff from service with effect from 21st June, 1975 (vide Annexure-B), and that he was still in ..Category: Employment/Service Law | Date: | Hits: 103
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......s. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and in view of the findings made by the trial court that the defendant was a tenant under th......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......pleading or in the proceeding at any time. As a matter of fact, the question of attornment does not arise at all because the defendant's case is that he was never a tenant under anybody including the plaintiff’s predecessors. He denied having paid any rent at all to the heirs of late Mr. Zakir Hus..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25...... A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) Lawyers Involved: Akram Hossain Amin, A......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25...... Vs. Md. Fazlur Rahman Akunjee & another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of de..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......d this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the wi......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......as registered as O.S. No. 28 of 1960. It was transferred to the High Court on 29th March, 1965 under the Banking Companies Ordinance 1962. Defendent No.3 was impleaded on 8th March, 1966. 3. The plaintiff was a Banking Company carrying on banking business with its principal office at Terri Ba..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......pellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another..........................Respondents Judgment April 5, 1987 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 19(1), 100 Practice and Procedure The Code of...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......n a question of fact, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record. The suit was instituted in 1974 on the allegation that the plaintiff was in possession and then dispossessed by the defendant in 1376 B.S. The finding of the l..Category: Property Law | Date: | Hits: 46
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