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Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......el also referred to two unreported decisions in Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002. 10. In the backdrop of the aforesaid circumstances, two vital questions to be decided in this Rule are: (1) the nature of the appointment of the petitioners and (..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....he plaintiff were marked Exhibit 1 to 7 while those of the defendant bank marked Exhibits A to O. The plaintiff as PW 1 testified in support of the plaint case. She stated that she became owner in possession of the suit land by deed No. 788 dated 8-9‑72 comprising of plot No.77, Road No. 24, ......d Exhibit 1 to 7 while those of the defendant bank marked Exhibits A to O. The plaintiff as PW 1 testified in support of the plaint case. She stated that she became owner in possession of the suit land by deed No. 788 dated 8-9‑72 comprising of plot No.77, Road No. 24, Gulshan, Dhaka. She did......me Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal ...... came to know about the suit. Before receipt of the summons, she had no knowledge about Coast Marine Lines Ltd. She did not mortgage any of her property against any loan of said company. There was no question to know as she had no knowledge whether the company obtained loan from the bank. She did no..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....placed before us the impugned judgment as well as the copy of the plaint of the suit. It appears that the suit is for a declaration of title simpliciter, without any prayer either for confirmation of possession or recovery of possession in the suit property. The question of delivery of possession no...... for simple declaration of title and, as such, the order appointing a receiver should be set aside in the interest of justice. The learned Advocate also submits that in view of the fact that the suit land being a vast area, unspecified and undemarcated land, the order appointing receiver is evidentl....... No one ‑ For the Respondents. First Miscellaneous Appeal No. 5 of 1985 and First Miscellaneous Appeal No. 273 of 1991. Judgment Gour Gopal Saha J. - This appeal is directed against the orders dated 24‑7‑1985 and 8-8-1985 passed by the Subordinate Judge, Bhola in Title Sui......he plaint of the suit. It appears that the suit is for a declaration of title simpliciter, without any prayer either for confirmation of possession or recovery of possession in the suit property. The question of delivery of possession not being relevant, there is no need for appointment of any recei..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......ellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... the police in connection with the murder of his wife as a result of injuries on his person and that he was shifted to the hospital wherein he had availed of the treatment till 18‑4‑2002. Now the question is, whether the appellant has self inflicted the friendly injuries with a view to absolve h..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....romising to pay Taka 8,66,00,000 equally to the plaintiff and his brother within 15 days of the expiry of a period of eighteen months from the date of commencement of construction. The defendants got possession of the land with execution of the agreement, constructed multi‑storied buildings and so......espondent Nos. 22 and 3 herein) as property developers entered into an agreement dated 30‑10‑85 with the plaintiff and his brother, Abdul Hamid Chowdhury for purchase of more or less 1.5 acres of land comprising of Holding No. 43, New Eskaton Road, Dhaka at a consideration of Taka 11,00,00,000 (......mmons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......as further submitted that it was not correct to say that the petitioner was guilty of negligence or laches in making the application or that the arbitration clause barred the suit or that the debt in question belonged to any company. 14. On his behalf, the decisions in the case of Nagina Silk Mi..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......(supra) was passed. Hence, the decision in that case is not applicable to the instant facts and circumstances. He finally submits that the High Court Division discharged the Rule on the ground that questions of fact are involved which would be dealt with by the trial Court upon adducing evidence a..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....and constructed a multistory building thereon. Subsequently, defendant No.1 orally gifted the 5th floor out of the 'Ka' schedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 a...... They were blessed with a son and a daughter. Because of mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed......e appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......med may constitute the Government. 7. In this context the decision reported in 8 DLR (FC) 102, in the case of The Crown Vs. Muhammad Fazal Bangash may be cited. In a petition for habeus corpus the question arose on the order of detention passed on the detenu, Md. Fazal Bangash by the Chief Mini..Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......ediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......by the respondents was illegal. However, following the Judgment of the High Court Division and the Appellate Division the respondents reinstated the petitioners to their service.
12. Now, the moot question is whether the respondents committed offence under the Contempt of Courts Act as they faile..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional Court, Kushtia to the effect that appellant No.1 will not get the cost of removing his house from the disputed land. 2. The opposite party No.1 filed an application under section 96 of the State Acquisition a....... ......e-emptee petitioner before this Court was neither taken in the written objection before the trial Court nor the same was argued before the appellate Court below. Be that as it may, it is an important question of law and, as such, I allowed the learned Advocate to agitate the point before me. His onl..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......instituted OC Suit No.66 of 1993 in the Court of Senior Assistant Judge, Sadar, Mymensingh, against the petitioner Md. Sabdul Ali and others for a decree of permanent injunction in respect of certain lands appertaining to CS khatian Nos. 241, 80 and 259. Subsequently Sabdul Ali filed OC Suit No.45 o...... pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..Category: Property Law | Date: | Hits: 75
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....7, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which was fully described in the schedule t......it. 2. One ANM Obaidul Islam, predecessor-in-interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, which was fully described in the schedule to the plaint. The suit ........................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, A......of the British time, having no mark of lion. He also denied that the deed was of recent writing and created recently. He did not know any of the witnesses to the deed and he was not born then. To the question of the commission as to whether he claimed the land of RS plot Nos. 1207, 1208 and 1209, he..Category: Property Law | Date: | Hits: 85
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......ail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... as a senior along with Mr. Raushan Ali. The petitioner's reply on this point is that the Court having entertained the petition and having issued the Rule, the Bench acted with jurisdiction and the question of surrender of the convicted accused before moving a revisional application before the H..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....ave the two tags of Crew baggage admittedly and as the appellant admittedly denied before the Customs Officers saying that it did not belong to him. For that the gold bars were recovered from the possession of the appellant. He also submits that the Tribunal illegally relied on an inadmissible......dence was also disbelieved by the Trial Court. He is a loader of Bangladesh Biman. In his examination-in-chief he suited that he was on duty to unload the baggages of the crews of flight No.042 which landed at Zia International Airport on the aforesaid date and time and by which flight the appella......accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......amsuddin Molla felt that the Echolac bag was rather heavy. He (P.W.2) informed Mr. Shahjad Hossain, Deputy Collector of Customs about his suspicion. The said Deputy Collector directed that the bag in question should be searched in his room. During the search 31 pieces of gold bars were recovered fro..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....of the defendants Nos.1 to 4, was a monthly tenant under him at a rental of Tk. 8/-per month. Abul Miah defaulted in payment of the rent. On his death his heirs, the defendant Nos.1-4, continued in possession of the suit premises but they also not only defaulted in payment of rents from the month ......rents for four months from March to June, 1971 on 17.6.1971 at time in lump. The deposit of rent in the office of the Controller protects a tenant only where the deposit is made on the refusal of the landlord to accept the rent remitted by postal money order within a fortnight of the date on which r...............Respondents Judgment February 16, 1989. Result: The appeal is allowed with costs. Case Referred to- 8 DLR 272. Lawyers Involved: Nirmalendu Bikash Dana with Mamtazuddin Ahmed, Advocates - For the Appellant. Moqbul Ahmed, Advocate - For the Respondent. Appeal f......on due to reign of terror perpetrated by Pakistan occupation army and became time-barred. In the instant case the defendants having had already deposited the rents in the Office of the Controller the question of exclusion of the period as contained in section 4 of the Order does not arise and the de..Category: Property Law | Date: | Hits: 66
....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......ult the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......or the Respondent.
Writ Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respo..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......accrued a vested right and without show cause the cancellation of licence is violative of the principle of natural justice. He further submits that since there are disputes regarding ownership of the land it is very difficult to ascertain as to who is the real landlord and, as such, he could not pay......stant Attorney General - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 pass......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......- For the Petitioner. Abdul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assist......rightly been passed by the trial Court and in the instant case since admittedly the defndant No.18 the predecessor-in-interest of the opposite party Nos. 1-9, was not alive, the preliminary decree in question is a nullity and in that view of the matter the instant application under Order 9 rule 13 o..Category: Procedural Law | Date: | Hits: 67
....h he was constrained to file the aforesaid suit.
4. The defendant No.1 has contested the suit by filing a written statement stating, inter alia, that said Pulin Behari and others while in peaceful possession of the suit land left for India before 1965 and they have been living there as permanent ......, Satkhira which on transfer to the Court of the learned Assistant Judge, Tala was re-numbered as Title Suit No.27 of 1997. The suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit land and for a further declaration that the enlistment of t......
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......Relief Act deals with the rectification of instruments.
22. In order to obtain rectification under section 31 it must be proved that it was though a mutual mistake of the parties the instrument in question did not truly express the intention of the parties.
23. Admittedly no suit has been file..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; ......otherwise. He submits that the expression ‘otherwise’ included inability of the appellant to furnish security which was condition precedent for making the order under appeal. Again, it brings the question whether the petitioner was aware of such conditional order. Unless notices of such order is..Category: Procedural Law | Date: | Hits: 118
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