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Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
.... Ruhul Islam J.- These two appeals were heard analogously and are, being disposed of by this judgment. Facts, in short, are that the respondent instituted two separate suits for ejectment of the appellants from the respective suit premises on the ground that they were def......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......April 1972, and appellant Naushad Ali was in arrear in payment of rent from April 1971 to August 1972. Both the suits were contested by the tenants by filing separate written statement denying the plaint case of default in payment of rent. The tenant's case is, that due to war of liberation he h..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....r whether the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are tha......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......s name in CS Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the legal heir who has been enjoying the suit properties being in possession for more than 12 years. First appellant as plaint at filed OC Suit No. 66 of 1975 in the same Court for declaration in respect of the self sam..Category: Property Law | Date: | Hits: 61
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....vi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. A Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. (From the judgment and order dated January 19, 1992 passed by......ised arbitrarily, capriciously or whimsically or against the principles of natural justice. 7. Rule 14(5) is violative of Article 27 of the Constitution. It was added to the Navy Rules, 1961 by an amendment in the year 1988 by the previous autocratic regime and the Government is honour-bound to...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....ment Mustafa Kamal J.- These two petitions were admitted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 199......dency of this application. 3. Before the close of the argument during the trial of the miscellaneous case before the learned Additional District Judge, 5th Court, Dhaka the petitioner by an amendment of the petition under Order VI, rule 17 CPC reduced the claim to Tk. 26,01,027.33 equival....... 474 of 1980. The documents relied upon by the petitioner‑Sangstha were found to be admissible in evidence and the suit was decreed "for the amount that has been detailed in the amended plaint with interest as prayed for". No argument seems to have been advanced before the High ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by th...... service of the Republic cannot be governed by any contract since such appointment will go against the very letter and spirit of the Constitution. 5. Existing Article 99 is the result of an amendment made in 1976. Original Article 99 totally prohibited the appointment of a retired Judge &......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....on. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force from the date of their regular appointment on the basis of recommendation of the Public Servic......ppointment" as their appointments were not made under any recruitment Rules, but they constitute a separate class by themselves. Rule 3, he contends, is intended for future appointment, Rule 4, after amendments, provides that matters not covered by Rule 3 shall be governed by the General Principles ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ksumul Hakim, Senior Advocate (Md. Zaker Hossain, Advocate with him) instructed by Abu Backkar, Advocate-on-Record-For the Petitioner Not represented‑Respondents Civil Petition for Leave to Appeal No. 290 of 1990, (From the Judgment and Order dated 18.6.90 passed by th......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......oner had time upto 7.1.84 to file the suit She filed the suit on 14.12.81 Hence the suit was not barred by limitation. 12. This argument is not available to the petitioner as neither either plaint of the suit nor the agreement was produced before the Court of Settlement or before the Hig..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... service. The Board of Directors of the Bank, by an order dated 29 December 1988 terminated his service under the Bank's Staff Regulation No. 12 (ii). He challenged this order by a Writ Petition before the High Court Division which, after issuing a Rule thereon and hearing the parties dismissed ......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......of limitation are not attracted to this case. Section 14 of the Limitation Act provides that in computing the period of limitation prescribed for a suit or an application, the time during which the plaintiff has been "prosecuting in good faith and with due diligence another civil proceeding..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and the allottees of the shops. It is unfortunate to witness the close collaboration between them. It is a glaring instance where responden......No. 2 under section 75 of Act, 1953. Further, in terms of section 75 of the Act, 1953 all developments and construction, both public and private, must be in conformity with the Master Plan or with amendment thereof. 12. Further from the contents of the relevant portion of Master Plan, An......ter Plan, serious environmental hazards will be created in the area and so appropriate action may be taken against the said unauthorised construction; then the respondent No. 2, having found the complaint of the petitioner true, issued letter dated 17th February, 1990 requesting the respondent No..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....e land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ...... Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....isition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limit......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... February 8, 2002 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the peri..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
......Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of ......he Companies Act, 1994 and calls for no interference." 11. Our careful consideration of the relevant legal provision and the spirit of the above decision, reveals that after amendment of the provision of section 233 by addition of sub-section 3 for protection of the intere......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
.... (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature o......shoner decree hoy. 3. The defendant, upon appearance, filed an application under Order VII, rule 11 of the Code of Civil Procedure. Meanwhile, the petitioner filed an application for amendment of the plaint as under: (ka)Arjir prothom pristhay “ghoshoner mamla&r...... Vs. Mahmudul Haque, Advocate and others... .............Respondents Judgment February 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects men..Category: Civil Law | Date: | Hits: 91
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....08), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing o......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......ation that the judgment and decree dated 18-2-1980 passed in Title Suit No. 43 of 1978 is null and void and the same is inoperative in respect of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakh..Category: Property Law | Date: | Hits: 51
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction of the monthly tenant. ………(10) Lawyers Involved: AJ Mohammad Ali, Senior A......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed....... of President's Order No. 127 of 1972. Thereafter, the Government decided to disinvest the entire property of Messrs Golden Bengal Tobacco Limited and accordingly, the same was sold in auction to the plaintiff respondent, Messrs Bengal Bricks Limited on 12th May, 1978. The plaintiff-respondent enter..Category: Tenancy Law | Date: | Hits: 72
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......arises out of the judgment and order dated 26-8-2002 passed by a Single Judge of the High Court Division in Civil Revision No. 3100 of 2001 discharging the Rule. 2. The respondent as plaintiff instituted Title Suit No. 160 of 1997 in the 6th Court of learned Assistant Judge, Dhaka,..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... decree dated August 25, 1969 of the Court of Munsif (now Assistant Judge) Sunamganj, Sylhet in Title Suit No. 176 of 1968 dismissing the same. 2. The suit was filed seeking a decree for specific performance of contract for sale of land. 3. The suit was filed with the aver......rit. 16. 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 cost. Ed. ......ril 6, 1997 passed by the High Court Division in Second Appeal No.713of 1970). Judgment: Md Ruhul Amin J.-This is plaintiff's appeal, by leave, against the judgment dated April 6, 1997 of a Single Bench of the Hig..Category: Property Law | Date: | Hits: 66
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....tten statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit……..…&he......aka 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. ......Narayanganj who allowed the appeal in part reversing those passed by the learned Assistant Judge, Bandar, Narayanganj 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 ..Category: Property Law | Date: | Hits: 66
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
.... the Service Regulations of 1968, the terms and conditions of service of the petitioner cannot be varied to his disadvantage. Under Regulation of 1968 there was no requirement of Engineering Degree for promotion to the post of Superintendent Engineer but the new requirement of such Degree has be...... time introduced such a new criteria for promotion to the post of Superintendent Engineer but the petitioner was appointed as far back as in 1967 and the Service Regulation of 1968 provided that no amendment would be made in the Service Regulations, to the derogation of the interest of a person ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....ure and character of the property which is the subject-matter of the suit and as to possession of such properties. …………………..(5) The order of status quo was required to be filed before the learned District Judge and that being not done, there was no scope for converting the revis......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......of the 3rd Court of Joint District Judge, Chittagong in Other Class Suit No. 184 of 1994 directing the parties to maintain status quo in respect of the property described in the 'Kha' schedule of the plaint till filing of the written objection. The order of status quo relates to making construction ..Category: Civil Law | Date: | Hits: 92
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