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Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....dar, Chittagong, dated the 16th April, 1963 in Other Suit No. 138 of 1961. 2. The facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above mentioned suit for ejectment against two persons, namely, Parul Bala Marwari, the defendant No. 1 and Md. Ibrahim ......o the suit premises should have been raised and the plaintiff should have been directed to give a proper valuation of the property in suit and to pay the ad valorem Court-fees by making necessary amendments in the plaint for establishment of his title in the suit property." 10....... Appeal from Appellate Order No. 57 of 1964 Judgment: TH Khan J.- This is a plaintiffs appeal and is directed against the judgment and order passed by the learned Subordinate ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
.... appeal at the instance of the defendant No. 1 is against the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Moh......ot; 9. The next day i.e. on 21.9.61 the learned Subordinate Judge recorded the following orders: "Parties are ready. Plaintiff by verified petitioner No. 3/5 prays for amendment of the plaintiff by relinquishing dag No.4 of the 2nd schedule of the plaint on the gr......st the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Mohd. Idris Ali the predecessor of the plaintiff and the d..Category: Property Law | Date: | Hits: 59
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....3,05,640 sft. and item No.3 it was 23,077 numbers. At Ujantia, the work required and allotted to the contractor was also similar in nature and at the same rate. In item, No. 1 the work was required for an area of 17,400 sft. in item No. 2 the work was required at about 38,160 rft and with regard ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......ury—For the Respondent. Appeal from Original Decree No. 215 of 1963. Judgment: Maksum-ul-Hakim J.- This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge, 2nd Court, C..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....ompromise decree in Rent Suit No. 602 of 1962 in a proceeding under section 151 of the Code of Civil Procedure. 2. The decree set aside by the impugned order was rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for ......ingly made a prayer before me, as a measure of safeguard to the interest of his client, for an order that his client may be permitted to convert the application into a regular plaint with necessary amendments. He has, however, been candid enough to say that he has not received any positive instr......ly four days after filing of the suit, and on the same date the Court passed a decree in terms of the compromise. 3. The present opposite party No. 1 Parul Bala Debi, whose name appeared as plaintiff No.2 in the said Rent suit, filed an application under section 151 of the Code of Civil P..Category: Property Law | Date: | Hits: 69
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers ......section 34 of the Income Tax Act from the stage next preceding the stage at which annulment, etc took place and that without the issue of a fresh notice or furnishing of a fresh return, etc. These amendments were considered by the Supreme Court in the case of Nagina Silk Mills Ltd 15 DLR (SC) 18......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....5th February, 1961 upholding those passed in Title Suit No. 12 of 1959 by Mr. A K M Azizul Huq, Munsif, 2nd Court, Chandpur on 12th April, 1960. 2. The plaintiff instituted the aforesaid suit for partition alleging, inter alia, that the property mentioned in the Ka and Kha sch......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......le Suit No. 5 of 1959. Judgment: Nurul Islam J.- This second appeal is at the instance of the plaintiff Basanta Kumar Basak and directed against the judgment and decree passed in Title Appeal N..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....bsp; Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same a...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......; Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises o..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ents Judgment May 6th, 1970. Cases Refered to- Ali Dewan and another vs. Akram AH Prodania and another 17 DLR 343; 41 CWN 257 (PC); AIR 1948 (PC) 168. Lawyers Involved: MA Rouf —for the Appellants. Not Represented—the Respondents. Appeal from Appellate Decree No. 906 o......reversed the finding of the learned Munsif on an erroneous view of law that the TS No 79 of 1949 for redemption was barred by limitation. The reason of the learned Subordinate Judge is that after the amendment of the Bengal Tenancy Act in 1938 provision was introduced in section 26-G of the Act wher......8. Lawyers Involved: MA Rouf —for the Appellants. Not Represented—the Respondents. Appeal from Appellate Decree No. 906 of 1960. Judgment K Hossain J.- This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The c..Category: Property Law | Date: | Hits: 82
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
.... learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......245 of 1966 where in the learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under ..Category: Civil Law | Date: | Hits: 137
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.....11.69. From 1968, Messrs Pakistan River Steamers Limited was running their steamer from Dacca to Barisal. On 7.11.1969, the IWTA granted to Messrs. High Speed Navigation Company Limited a time-table for Dacca-Patuakhali via Barisal route. The petitioner firm is aggrieved by the time-table granted t...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for n......rs of the learned Subordinate Judge refusing to reject the plaints in the respective suits. Hence these two appeals from the respective judgments of the High Court Division. 5. It appears that by amendment one paragraph each was added in the respective suits, paragraph 14A in Title Suit No. 23 o......t of Mustafa Kamal J. Mustafa Kamal J.- These two appeals arise out of two different suits; Title Suit Nos. 24 of 1993 and 23 of 1993, respectively of the Court of Subordinate Judge, Gazipur; the plaintiffs are different but defendant No. 1 is common, namely, Bangladesh Shilpa Rin Sangstha who i..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
.... 1996). Judgment ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-appellant in t......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......mply with the requirements under that section and the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action arises under clause (c)..Category: Business or Commercial Law | Date: | Hits: 145
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his t......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......ndu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his turn figured as plaintiff No.2 for declaration of her title to item No. 1 of the ‘ka’ schedule of the p..Category: Family Law | Date: | Hits: 156
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....arriages and Divorces (Registration) Act, 1974, Section 4 Proviso i) Section 4 of the Act has given power to the Government to alter, extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed……(14) ii) A right given under r......a for which a Nikah Registrar has been licensed……(14) ii) A right given under rule 10 the Muslim Marriages and Divorce (Registration) Rules, 1975, was taken away by subsequent amendment and as such the question of effecting vested right of the petitioner does not arise&helli......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..Category: Employment/Service Law | Date: | Hits: 69
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....endment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not prove the case against the accused beyon......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ..Category: Criminal Law | Date: | Hits: 59
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....ip;………(5) Lawyers Involved: MG Bhuiyan, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 1165 of 1998. (From the judgment and order dated November 26, 1996 ......arred by 649 days and we are going to dismiss this petition as time-barred but not before we express ourselves against part of the impugned judgment dealing with polygamy in Islam and recommending amendment in the Muslim Family Laws Ordinance, 1961 (Ordinance No.VIII of 1961) prohibiting polygam......d had filed an application to the Chairman of the Local Union Council seeking permission under section 6 of the aforesaid Ordinance to take a second wife alleging that the present wife, namely, the plaintiff was sick and incapable of performing conjugal relationship. The learned Judges observed t..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....ing temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment and it will prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under the ordinary law in the form of temporary injunction is ava......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......7 dated 7-10-96 passed by the Subordinate Judge, First Court, Moulvibazar granting temporary injunction under Order 39 rules 1 and 2 read with section 151 of the Civil Procedure Code in favour of the plaintiff-respondent restraining the appellant from taking over the management and administration of..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....hour fixed by settlement is the normal working hour and any extra hour of work beyond the settled and stipulated working hour will be overtime work and the manner of calculating overtime allowance for overtime work will be governed by section 9 of the Shops and Establishment Act, 1965 read with ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
...., 1912, Rules 23 and 31 Above rules are enabling provisions and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for release of the ship arrested in a suit claiming damages amounting to more that Taka ten crore by......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......scretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for release of the ship arrested in a suit claiming damages amounting to more that Taka ten crore by the plaintiff while defendants surveyor opined that the damages was in the region of around Taka seven l..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....ers Involved: Giasuddin Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record —For the Petitioner. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 258 of 1993. (From the Judgment and order dated 23-5-93 passed by t......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......gment February 20, 1997. The Evidence Act, 1872 (I of 1872) Section 56 Question of admissibility of certified copy of Kabalas fabricated was negativated by the courts below. The plaintiff having been successful in proving that the original Kabalas were lost it cannot be argued..Category: Property Law | Date: | Hits: 72
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