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Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....of 1986 and setting aside the judgment and decree dated August 3, 1986 passed by the learned Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ...... and Order dated 11-5-93 passed by the High Court Division in Civil Revision Case No. 348 of 1990). Judgment: Md. Abdur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala b...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......der of remand passed by the Subordinate Judge, 1st Court, Mymensingh, in Other Class Appeal No. 32 of 1987. 2. The heirs of the defendant Chitta Ranjan Chakrabarty are the appellants. The original plaintiffs Janendra Chandra Roy and his mother Suhashini, were the owners of Municipal holding at Am..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....rise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ...... appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in schedules I and II to the plaint. The suit was filed on 12 February 1962 and registered as Title Suit No. 63 of 1962. ..Category: Property Law | Date: | Hits: 60
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
.... Bench of the High Court Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five applications before learned District Judge, Tangail under article 27 of the Bangladesh House Building Finance Cor...... sub-section (1) of section 5 has impliedly repealed article 27 of President’s Order No. 7 of 1973 According to him, after the promulgation of the Act and substitution of section 9 thereof by amendment, no proceeding in Court which was heretofore permissible for realisation of loan under ar......rt in Farkhundali vs. VB Potdar AIR 1962 Bombay 162 observed that the word ‘suit’ is a term of art and ordinarily means a proceeding instituted in the civil Court by presentation of a plaint. It observed further that a proceeding under section 54 of the Co-operative Societies Act wa..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....nd measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. Th......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t by Md. Ismail in Succession Certificate Case No. 130 of 1973. She died on 4 June, 1977 while under treatment at Khulna survived by Khairunnessa, her daughter and only heiress who is the present plaintiff. The plaintiff obtained succession certificate in respect of the properties left by her m..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......t No. 10 of 1982 in the Third Court of Munsif, Chittagong for declaration that defendant No. 1, his eldest daughter was his benamder in respect of the suit lands described in schedules 1-5 to the plaint and he was the ostensible owner of the same. A further declaration was sought to the effect ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
.... Haroon-or-Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed b...... and out sale with an agreement to reconvey within the meaning of complete usufructuary mortgage. 4. Section 95 and 95A of the State Acquisition and Tenancy Act, as they stand after several amendments of the Act by President’s Order Nos. 88 and 136 of 1972 and No. 24 of 1973, read a......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....8 March 1980 passed by the Subordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defen......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......rch, 1989 passed by the High Court Division in Appeal from Original decree No. 1741 of 1981). Judgment ATM Afzal CJ.- This appeal by the plaintiff, following leave, is directed against the judgment and degree dated 13 March, 1989 passed..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....f CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J. Abul Ahsan, former President of the Chamber of Commerce and Industry, Pabna …………&he......emand for rehearing of the application for temporary mandatory injunction. On 14-8-95 the plaintiff filed two applications under Order 6 rule 17 read section 151 of the Code of Civil Procedure for amendment of plaint and the application for mandatory injunction. The trial Court allowed those app...... Md. Sajjadul Huq, Advocate-on-Record-For the third party Petitioners. Civil Petition for Leave to Appeal No. 670 of 1995. Judgment: Md. Abdur Rouf J: The plaintiff-petitioner on 18-4-95 instituted Other Class Suit No. 104 of 1995 in the Court of As..Category: Procedural Law | Date: | Hits: 122
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....of Article 102 needs guidance: Per Mustafa Kamal J delivering The Full Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. â......Sri Lanka Constitution which has been Gazetted, but is not known to us to have been formally passed, seeks to confer on third party interventionists a constitutionally entrenched status. The proposed amendment, Article 17(1), runs as follows: “Where a person aggrieved is unable or incapable of...... judgment itself, “we heard him in view of the constitutional issue of grave importance raised in the instant case involving an international treaty affecting the territory of Bangladesh and his complaint as to an impending threat to his certain fundamental rights guaranteed by the Constitution, n..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
.... 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the ......Bench) in the Civil Revision Case No.51 of 1988, discharging the Rule, affirming thereby the order dated 31-1-88 passed by the trial Court refusing the petitioners’ prayer for correction and amendment of the plaint of the aforesaid title suit and the decree passed thereon on contest on 27-......nbsp; Judgment January 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast u..Category: Property Law | Date: | Hits: 88
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.....5 and the Joint Secretary, Ministry of Works and Urban Development, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......different pretext those defendants, received on June 4, 1976 further amount of Taka 1,00,000.00 and again on September 13,1979 Taka 1,00,000.00 and lastly, on October 3,1982 Taka 55,000.00 from the plaintiff and acknowledged the receipts of those amounts by signing on the back of the deed of agr..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....t any lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Banglades......d for recovery of dues in respect of Bangladesh Krishi Bank including other Government agencies. As a policy, decision of the government for early recovery of the loan of Bangladesh Krishi Bank by amendment the provision has been made in the Order itself for recovery of Bank dues under Public De......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....n 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pur......d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or al..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribu......R (AD) 239 the respondent could take an appeal to this Division from the judgment of the Administrative Appellate Tribunal, if he was aggrieved, even though it was passed long before the aforesaid amendment. But instead he filed the writ petition which was thus liable to be dismissed. ......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....iff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal again......gly allowed by the trial court after receipt of the record from the appellate court to pass a decree in terms of the compromise petition and the High Court Division was not justified in upholding the amendment ………………(9 & 10) Lawyers Involved: SS Halder, Senior Advocate, instr...... & others ………….. Plaintiff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate..Category: Procedural Law | Date: | Hits: 149
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
.... 64(2) of the Waqfs Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul ......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ...... No. 379 of 1998. Judgment Mustafa Kamal J.- The Administrator of Waqfs applied to the Deputy Commissioner Barisal 27-8-89 under section 64(1) of the Waqfs Ordinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st ..Category: Property Law | Date: | Hits: 91
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi...... KS Nabi, learned Attorney-General, to address us on this question as Amicus curiae and the substance of his submission is that with the introduction of section 196C to the Customs Act, 1969 by an amendment in 1996, a self-contained judicial appellate authority has been created for adjudication ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....f 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......86 being not paid as contemplated within first week of the following month……………(13) The defendant inducing one Anwar Hossain a third Party by way of subletting without consent of the plaintiff and also changed nature and character of the shop thus violated clause 4 of the tenancy ag..Category: Tenancy Law | Date: | Hits: 93
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