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Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....; April 6, 2000. The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to de...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable t..Category: Property Law | Date: | Hits: 64
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....Ishtiaq Ahmed, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him) instructed by Sharifuddin Chaklader, Advocate‑ on ‑Record‑ For the Respondent. Civil Petition for Leave to Appeal No. 333 of 1995. (From the Judgment and Order dated 23.2.95 passed by th......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ...... Kanti Majumder, the learned Advocate appearing on behalf of the defendant petitioners with the leave of the Court, submits that the respondent having not alleged mala fide specifically in the plaint and no issue having been framed as to whether the petitioners were actuated by mala fide in ..Category: Constitutional Law | Date: | Hits: 182
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....rom 1.7.76 to 3.7.76 on account of the illness of his father who along with his mother and his wife and children were at that time living at Magura Town. Enclosing medical certificates he applied for extension of leave till 8.7.76 as the condition of his alling father and wife deteriorated. The......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......al certificates for extension of leave on 30.11.76, 30.12.76, 30.1.77, 3.3.77, 2.4.77, and 30.4.77. On 3.5.77 the Civil Surgeon of Jessore after examining him gave him a medical certificate and the plaintiff owing to gradual deterioration of his health filed further applications for leave on 15...Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....r in the Civil Aviation Department on the 15th March, 1960 and it is his case that by dint of merit he was gradually promoted to the post of Director, Civil Aviation Authority. In 1985 the Government formed a corporate body, namely, Civil Aviation Authority of Bangladesh, by abolishing the Departmen......the absence of a minimum guideline or principle as to how the Government's power to retire a person should be exercised, section 9(2) is ultra vires Articles 27, 29 and 135 of the Constitution. By an amendment, Ordinance No.VI of 1981 promulgated on 28.7.91 section 9(2) was amended with retrospectiv......t enquiry as alleged by the appellant. It was a public and open enquiry. The persons who were appointed to conduct the enquiry were all responsible high officials of the Government against whom no complaint has been made by the appellant. The full Enquiry Report has been made available to us by the ..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....he same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period betwee......of 1991) on 18th September, 1991 thus switching over to the multi‑party parliamentary system, thereby effecting significant changes which for obvious reasons necessitated wide ranging consequential amendments of the Constitution; F. And Whereas these amendments to the Constitution required, as...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....irected against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ...... Banerjee (Predecessor of defendant Nos. 2‑5) who had acquired 4 annas interest in the suit Jama and that by amicable partition Eshaque Miah alone became 16 annas owner of die suit land. The plaintiff took settlement from Eshaque Miah on 15th Aswin 1359 BS by Dhakhila and Amalnania and has..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
.... M H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a tr......ed in the declaration as the Trust property, rather he treated them as his personal properties till his death. Hence respondent Nos 1‑3 had no other alternative but to file an application for amendment of the plaint of their suit on 20 June 1992 for a declaration that the alleged trust in r......tion as the Trust property, rather he treated them as his personal properties till his death. Hence respondent Nos 1‑3 had no other alternative but to file an application for amendment of the plaint of their suit on 20 June 1992 for a declaration that the alleged trust in respect of the su..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....cturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land a......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......oan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land and building on which the laboratory is situated. Upon the joint proposal of the plaintiff and the said bank the appellant issued a fire insurance policy dated 5.5.90 insuring the ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
.... On 18 December 1988 he was appointed as a Director of the Bangladesh Oil, Gas and Minerals Corporation (respondent No.3), in brief, the BOGMC, with effect from 1 January, 1989 on a contract basis for a period of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....vision dated 14 July 1993 in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circum......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circumstances of the case on the grounds that the plaintiff‑respondent violated an essential term of the contract, that consideration received ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....o. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......by special leave, at the instance of defendant No. 6, is directed against the judgment and decree of the High Court Division passed in Civil Revision No. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of ..Category: Property Law | Date: | Hits: 51
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....tly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. They constructed a two‑storied building thereon, mutated......ppellants was still alive and during his lifetime the appellants cannot be the owners of the disputed premises as his heirs. The appellants filed a written statement. Respondent No. 4 prayed for an amendment of the plaint for a further declaration that the appellants are not the son and daughter......l alive and during his lifetime the appellants cannot be the owners of the disputed premises as his heirs. The appellants filed a written statement. Respondent No. 4 prayed for an amendment of the plaint for a further declaration that the appellants are not the son and daughter of the said Syed ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....roject, Mohua, is within the Master Plan of the DIT prepared and approved in the Fifties. Within this Master Plan Area all future development and construction, both public and private, shall be in conformity with the Master Plan, as specially laid down in section 74(3) of the Town Improvement Act, 1......elevant chalan to us. Section 74(3) of the Act reads thus: "74 (3). All future developments and construction, both public and private, shall be in conformity With the Master Plan or with tile amendment thereof." 21. The aforesaid provision does not speak of any approval by respondent No.......ient way of, what is called, "access" or "tadbir". It is particularly disturbing for the judicial conscience because it is unthinkable that it person can be permitted to come up with a petition of complaint directly to the Chief Justice when the law of the land requires him to go to a Magistrate. Al..Category: Property Law | Date: | Hits: 79
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
....run‑ur‑Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on ‑Record‑For the Petitioners. Respondents‑Not Represented. Civil Petition for Leave to Appeal No. 50 of 1993. Judgment: &nb...... Rahman J: In Title Execution Case No. 11 of 1993 of the Court of Subordinate Judge, Narayanganj, Defendant Nos. 2‑6 filed an application under section 152 of the Code of Civil Procedure for amendment of the final decree passed in Title Suit No. 27 of 1984. The said application was rejecte...... Division. The petitioners are now seeking leave to appeal from the impugned judgment of the High Court Division. 2. The short fact relevant for the disposal of this application is that the plaintiffs‑respondents filed the aforesaid Title Suit for partition and the preliminary decre..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....Bazar in Miscellaneous Appeal Nos. I and 2 of 1991 affirming those dated 29.11.90 passed by the learned Assistant Judge, Chakaria, Cox's Bazar in Other Suit No. 133 of 1990 allowing an application for both temporary and mandatory injunctions. 2. Plaintiff‑respondent No. 1 instituted......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......ion after removing the pucca structures so far under construction and to evict all the 5 defendants from the suit property. Since the merit of the case is not involved herein we will not state the plaint case. After filing the suit on 20.10.90 the plaintiff filed an application for temporary inj..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....ked together can be amended according as the plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (app...... The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter litis of his suits has the liberty to pursue ......lowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter litis of his suits has the liberty to pursue or not to pursue ..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....of purchase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out the premises to the defendant on monthly tenancy at a rental of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of ren......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......t Division in Civil Revision No. 6930 of 1991 (Dhaka) setting aside the judgment and decree dated 15 July 1985 passed by the Small Cause Court Judge, Bogra and directing the trial Judge to return the plaint to be presented to ‘a Court having jurisdiction’. The heirs of the original plaintiff, Ha..Category: Tenancy Law | Date: | Hits: 87
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....he appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No. 342, PS Sabujbagh, District Dhaka as per sanctioned plan of the former Dhaka Improvement Trust dated 22-5-80 (renewed 7-6-83) on obtaining house building advance f......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
.... of 1995, filed by the appellant under section 10(1A) of the Criminal Law Amendment Act, 1958 (Act No. XL of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......f 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition of complaint before the learned Senior Special Judge, Dinajpur on 14-9-1995 against the Deputy Commissione..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abated as a whole for non-substitute of the heirs of deceased-defendant No.3, Aga Ali Hasan Raza, within time who ha......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......nd order dated March 6, 1986 passed by the High Court Division, Dhaka in Civil Revision No. 420 of 1985). Judgment ATM Afzal CJ.- This appeal by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge o..Category: Property Law | Date: | Hits: 70
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