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Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....469 of 1991 (Dhaka) discharging the Rule and upholding thereby the order dated 7-3-90 passed by the Senior Assistant Judge, Shahajadpur in Other Class Suit No. 154 of 1984 rejecting the plaintiff’s prayer for amendment of plaint and returning the plaint to the plaintiff. 2. The plaintiff......d. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recover......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....ration of their title to 5.58 acres of land, which was subsequently raised by way of amendment of the plaint to 9.41 acres by incorporating another 12 plots therein. The plaintiff further amended the prayer portion of the plaint on 25-9-88 for a further declaration that the registered deed of gift d...... and others………………….Respondent Judgment July 31, 1997. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....ication on 11-3-1997 for leave to deliver interrogatories under Order XI rule 1 read with section 151 of the Code of Civil Procedure. The learned Subordinate Judge by order dated 22-4-97 rejected the prayer of the defendant upon the view that the plaintiff was prepared with his papers. The suit havi......……………..(2) Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed Nawab Ali, Advocate-on-Record — For Petitioners. Not represented —the Respondents. Civil Petition for Leave to Appeal No. 712 of 1997. Judgment ATM Afzal CJ. - The petitioners are defendan......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..Category: Civil Law | Date: | Hits: 137
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....oducing valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property...... valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, canno......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before the learned subordinate judge, in that context prayer for fresh arbitration is not tenable…………(13) Misconduct on the part of the arbitra...... appeal is dismissed. The Arbitration Act, 1940 (X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before the learned subordinate judge, in that context prayer for fresh arbitration is not tenable…......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
...., he made a very conciliatory offer to maintain the children “even in the custody of the respondent in Dhaka City in the same environment and with the same facilities at his costs” while making a prayer for stay of the impugned judgment on 5-9-95. Before we started hearing the appeal, we asked t......bdul Jalil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....he head, a stool or cushion to sit upon, and madhuparka, or a mixture of honey, curds, and clarified butter, each giving and taking being accompanied with a set formula, and the recitation of certain prayers; after which, along with other presents, the bride, whose right hand is joined with that of ......n Family Appeal No.1 of 1992 reversing those dated 18 January 1992 passed by the Family Court, Saturia dismissing Family Court Case No.8 of 1991 brought by the plaintiff and respondent Monju Rani Das for her maintenance. 2. The parties to the suit both belong to the Shudra caste of Hindu communi......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....given by the Special Bench. 77. As we have held that order Nos. 4 to 6 passed by Naimuddin Ahmed, J cannot be sustained in view of the special nature of the writ petitions we cannot accede to the prayer of petitioner Nos. 3 and 4 in CP No. 207 of 1995. The prayer is rejected. 78. Now we come......……………Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secre......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....enging the said order of suspension whereupon a Rule Nisi was issued and stay of the impugned order was also granted. 2. It appears that respondent No. 5, who was added in the writ petition on his prayer, filed an application for vacating the order of stay stating, inter alia, therein that in a m......ourt Division vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute between suspended Chairman and the acting chairman in respect of their performing the functions. Appellate Division generally does not interfere with such order passed by the......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before any decree is passed, the Court should be very circumspect in allowing such prayer and must decide the matter on the strength of the facts of each case. A big company like resp......ay 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy it...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....Banaajee & others…………………Respondents Judgment June 26, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it......e & others…………………Respondents Judgment June 26, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will n......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....nder Order 7 rule 11 of the Code of Civil Procedure for rejection of the election petition. Respondent No. 2 also filed an application for amendment of the Election Petition. By order dated 30-7-1998 prayer for amendment was allowed by the Election Tribunal. Being aggrieved by the same appellant fil......y the Election Tribunal Moheshkhali, Cox’s Bazar in Election Tribunal Case No. 1 of 1998 allowing an order of amendment. 2. Appellant and respondent Nos. 2-7 contested the election for the office of Chairman Shaplapur Union Parishad held on 22-12-1997. In that election appellant w...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....ision in Civil Revision No. 2757 of 1999 making the Rule absolute rejecting the plaint of Title suit No. 42 of 1999 of the 5th Court of Subordinate Judge, Dhaka who earlier rejected the defendants’ prayer for rejection of the plaint und Order VII rule 11 of the Code of Civil procedure. 2. The ......uq, Senior Advocate (Nazrul Islam, Senior Advocate with him) instructed by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 pass......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
.... of 1993. 4. It appears that on 17-3-1993 the case was fixed for argument and on that date time was taken. Subsequent thereto on 17-7-1993 respondents filed an application for recalling PW 1. The prayer was allowed. After closure of the evidence the case was fixed for argument on 7-8-1993. Again......te, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the H......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....ase of the land in favour of the appellant but no action on this letter was taken by the Deputy Commissioner and by letter dated 20.03.1995 the salami money was again enhanced to Tk. 27,37,632 and on prayer of the Appellant the Government allowed payment of salami money by four installments. Undispu......ing, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to the appellant company by letter dated 24th March, 1986 for the construction of a 5-Star Hotel. The Company was directed to deposit Tk. 3,53,335/- by letter......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ব্যস্তে তাহাতে বাদীর দখল স্হিরতর থাকার ডিক্রি হয়। (underlinings are ours) 19. In the light of the averments and prayer as aforesaid in the plaint after remand an issue was framed as to whether the plaintiffs ......udge, Chittagong in Title Appeal No.149 of 1971 affirming those dated 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of poss......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
.... names of the left out parties because of the fact that the pre-emptor respondent himself filed a subsequent application on 25-04-1996 before the appellate court giving a good-bye to his earlier prayer made by application dated 20-04-1995 and prayed for remanding the case to the trial court. Mr......plication dated 20-4-1995 and thereafter to dispose of the case according to law. 2. In this appeal, leave was granted in the following terms: - "Mr. Mahbubey Alam, the learned Advocate for the petitioners, submits that the pre-emptor-respondent himself give up his case for supply...... the pre-emptee, is directed against the judgment and order dated 06-06-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372 of 1998 making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to the application dated......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....ined an order of stay for a period of 6 months. 6. After obtaining the order of stay from the High Court Division the respondent No. 3 filed an application before the respondent No. 1 with the prayer for making necessary order in the light of the order of the High Court Division in Civil Revi......he Waqf Estate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other donations and also for a direction upon the respondent No. 5 (defendant No. 10 in the suit) to hand over cash and kind ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff res......n the defendant appellants preferred this appeal. 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the su......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....s for remission of the award read with section 31 of the Act was not for surrendering to the jurisdiction of the Arbitrator or divesting the authority to the arbitrator to pass the award but with the prayer for setting aside the same as it has no validity or existence in the eye of law for the reaso...... delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republic of Bang...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
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