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Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant prefe...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......95 of 1963 affirming the Judgment and decree dated 29.06.1963 passed by the learned Munsif (now Assistant Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Ta..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....issued under the signature of Mr. Azim Uddin Ahmed Chowdhury, Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from t......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......t has been specifically asserted by the Respondent No.3 that negotiations failed. So one aspect of settlement of .claim of the Bank stood fruitless and the other process although initiated but the plaint of the said proceeding has been rejected. It may be mentioned that the mortgage as claimed b..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....Procedure and thereupon striking out the 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants includin......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... of the Bank draft. 4. The Respondent Nos. 1 and 2 (defendant Nos. 3 and 4) entered appearance in the suit and filed written statement denying the material averments made in the plaint. 5. Thereafter Respondent Nos. 1 and 2 filed an application under Order 1, Rule 10(2)..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....suit finding right, title and possession of the plaintiff's in the suit land. Against the said decree, the defendant Government preferred appeal which was out of time by 4578 days with an application for condonation of delay under section 5 of the Limitation Act. The learned Additional District Judg......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......h represented by the Deputy Commissioner, Rangpur was defendant in Other Suit No. 60 of 1981 in the Court of the Subordinate Judge, Rangpur at whose instance this appeal has been preferred. 2. The plaintiff respondents case is that an area of 92.28 acres of lands out of 105.50 acres including the..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
.... Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding u......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......; Judgment Md. Ruhul Amin J. - This is plaintiffs appeal, by leave, against the judgment and order dated August 24, 1999 of a Single Ben..Category: Property Law | Date: | Hits: 48
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....e of Criminal Procedure seeking quashing of the proceedings of Case No. 520(1) of 1995 under sections 467/479/109 of the Penal Code, pending in the Court of Magistrate, 1st Class, Tangail. 2. The aforesaid case No. 520(1) of 1995 of the Court of Magistrate, 1st Class, Tangail was registered upon ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......the Penal Code, pending in the Court of Magistrate, 1st Class, Tangail. 2. The aforesaid case No. 520(1) of 1995 of the Court of Magistrate, 1st Class, Tangail was registered upon a petition of complaint filed by the complainant-respondent No.1 Abdur Rahim Sheikh before the Court of Magistrate, 1..Category: Criminal Law | Date: | Hits: 48
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....hittagong ..............Respondent Judgment November 11, 1982. Result: The Appeal is dismissed. The Income-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the y......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....he State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In th......isition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In this case the a...... is barred on the date of the prayer for amendment. In the case of Nurun Nahar V. Mohd. Fazlur Rahman reported in Bangladesh Supreme Court Report (1979) 135 it was held that "once an amendment of the plaint is allowed the amendment will relate back to the date of the institution of the suit, and w..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....lt: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......mber 5, 1989. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show th..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....ding Finance Corporation. The impugned order of transfer is an action taken in relation with the appellant's service in the Corporation, and any grievance with regard to that could only be agitated before the Administrative Tribunal…………(15 & 16) Cases Referred to- Ready Mixed Concr...... appeal is dismissed. The Industrial Relations Ordinance, 1969 (XXIII of 1969), sections 34, 47B, 62 & 64 The Administrative Tribunal Act, 1980 (VII of 1981), sections 2 (aa) and 4 Other amendments—Ordinance No. 51 of 1984. Remedy under sections 34, 62 or 64 of the Industrial Relat......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....wer appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respondents' 6.4650 acres of land had also been acquired and incl......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ...... Board. Plaintiff-respondents' 6.4650 acres of land had also been acquired and included in the total of more than 70 acres of such acquired land. The facts of the case have grown pretty tong as the plaintiffs are campaigning from 1963 with the only grievance that proper notices not having been s..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....the judgment and order dated 4 September, 1986 passed by the High Court Division, Dhaka in Criminal Revision No. 180 of 1986.) Judgment ATM Afzal J.- In this appeal by leave the short point for consideration is whether a Single Judge of the High Court Division is competent to hear a revisi...... present revision case as it involved an offence under section 427 Penal Code which is punishable with sentence of imprisonment exceeding one year. We are informed at the Bar that there has been no amendment till date of the aforesaid rule. This rule has been in force since the days of the Dhaka H......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....her. In both the appeals the appellant was elected as the Chairman of a Union Parishad. His opponent's election petition being allowed by the Election Tribunal, the appellant preferred appeal before the District Judge. By different orders the District Judge transferred each of the appeals to t......ent (Union Parishad) Ordinance, 1983, is authorised to transfer an appeal under section 24 of the Code of Civil Procedure to the Court of Additional District Judge. 3. It is contended that by an amendment, made on 9th July, 1984, sub-section (4) of section 29 was inserted and the District Judge......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....l leave is directed against the judgment and order passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit being Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income T......mmissioner of Income Tax, East Pakistan was not the competent authority to order his compulsory retirement. 3. The trial Court found that the order of compulsory retirement was, in view of the amendment of section 5 of the Income Tax Act, illegal and accordingly decreed the suit. The High C......1965). Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit being Title Suit No.35 of 1962 for a declaration that the ..Category: Employment/Service Law | Date: | Hits: 80
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....l Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the a......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......der XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the advocate commissioner before final..Category: Property Law | Date: | Hits: 32
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....al Law Amendment Act, 1958. Such requirement of law was fulfilled though it was omitted in the order sheet or in the judgement. No objection has been raised on this issue during trial or afterwards before hearing before this court. Under the circumstance such objection in so belated stage is not sus......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
.... Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On appellants own showing he ha......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......om the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325 of 1984.) Judgment A.T.M. Afzal J.-In this appeal by leave by the plaintiff-appellant the point for consideration is whether the High Court Division was justified in ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
.... 6, 1989. Result: Tthe appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their ......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ...... Civil Appeal No. 21 of 1988. (From the Judgment and order dated 2.2.1988 passed by the High Court Division, Chittagong in Civil Revision No. 318 of 1986). Judgment: ATM Afzal J.-This is a plaintiffs' appeal by leave and directed against judgment and order dated 2 February 1988 passed b..Category: Property Law | Date: | Hits: 85
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....as any common intention of the appellants to murder the deceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately before the occurrence. Appellants Mir Ali burled the ballam blow on the chest of the victim causing hi...... the common intention of all" after the word "persons" and before the word "each". The judgment in the case of Gorchand Gope, reported in BLR. (Supplementary Volume) 443 (FB), might have caused the amendment. 11. After considering the amendment of 1870 it was held in Mahbub Shah Vs. Emperor AIR......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
....principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying for permanent injunction against the defendants from raising structures and disturbing or affecting ......d 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgment
Kemaluddin Hossain CJ.- Leave was granted at the instance of Defendant- Appellants to consider whether the amendment of the plaint of the suit pending in the Court of Munsif, 5th Court, Chittagong, was done ......by the High Court Division in Civil Order No.470 of 1974).
Judgment
Kemaluddin Hossain CJ.- Leave was granted at the instance of Defendant- Appellants to consider whether the amendment of the plaint of the suit pending in the Court of Munsif, 5th Court, Chittagong, was done on correct princi..
Category: Property Law | Date: | Hits: 36
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