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Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......lved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent No.1 Not represented- Respondent No. 2 Criminal Petition for Leave to Appeal No.105 of 2005 (From the judgment and order dated 11.01.2005 passed by ......o divorce her. The accused petitioner No.1, after the abortion, was living with her and took Tk. 10,90,590/- from her father. The accused petitioner No. 1 left for Australia with the aforesaid money and further demanded and took Tk. 5,00,000/- from her father. Thereafter the accused No.1 aga..Category: Criminal Law | Date: | Hits: 45
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......
Md. Aftab Hossain, Advocate-on-Record-For the Petitioners.
A.K.M. Shahidul Huq, Advocate-on-Record-For the Respondent Nos. 1 and 2.
Not represented- Respondent Nos. 3-8.
Civil Petition for Leave to Appeal No. 2215 of 2008
(From the judgment and order dated 13th October, 2008 passe......e been running their "Maxi Service" obtaining oral permission and also with the consent of the District Administration providing improved service to all classes of passengers investing huge amount of money for buying the vehicles etc.
4. The trial Court rejected the application by judgment and o..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....vice of the RRI by accepting all terms and conditions, The petitioner no longer remained as an employee of the Water Development Board, respondent No. 2, after 05.09.1991. So, the petitioner cannot claim any benefit under the rules of Water Development Board. The Ministry of Finance refused to i......he Petitioner. Md. Abdul Hakim, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent Nos. 1 and 3. Civil Petition for Leave to Appeal No. 144 of 2006 (From the judgment and order dated the 3rd July, 2005 p......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ...... Chowdhury Md. Zahangir, Advocate-on-Record-For the petitioners. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 pass......leaving behind the pre-emptor and the vendor as heirs; that the vendor namely, Most. Kachuron Bibi sold out the case land to the pre-emptee No. 1 and 2 on acceptance of proper consideration of money at the mediation of the pre-emptor. The pre-emptor also sold .48 acres of land out of the ca..Category: Property Law | Date: | Hits: 33
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......008. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Civil Petition for Leave to Appeal No. 1332 of 2007. (From the judgment and order dated the 25-07-2007 pas......, stating, that to meet the cost of treatment, the plaintiff sold the land in question in favour of defendant No. 1 and the deed was executed and registered on receiving the consideration money and now the plaintiff cannot pray for a cancellation of the registered kabala deed ..Category: Procedural Law | Date: | Hits: 77
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....ion misdirected itself in law in deciding the writ petition in not considering the question that the onus to prove that the property in question was not an abandoned property was squarely upon the claimant and the government had no obligation to disclose the basis of treating the proper...... Bench of the High Court Division in Writ Petition No. 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of contract in respect of a property which has been enlisted as an abandon...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....ff did not agree to that. The defendant went away from the said Family planning Centre leaving the plaintiff alone there and since thereafter the defendant did not maintain her. 3. The plaintiff claimed for a decree for Tk. 50,000/- as prompt dower, Tk. 3,850/- as maintenance for 51/2 months;...... of the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction.............fendant promised to marry her. But the defendant's parent being not agreeable to their marriage the defendant himself had taken the initiative and married her on 2nd Agrahayan, 1395 B.S. at a dower money of Tk. 1,00,001/- of which 50% was prompt dower. The defendant also promised to pay her Tk. ..Category: Family Law | Date: | Hits: 180
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
.... thereupon S.A. khatian No. 1236 of Mouza Badda was prepared and finally published in their names, that defendant Nos. 1 and 2 purchased. 10 acre of land from plot No. 685 but they are enjoying and claiming more than their purchased land, that they are trying to create certain ante-dated forged ......d thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......7 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, restraini......and inconvenience for granting temporary injunction was also against the plaintiff in as much as no irreparable loss or injury would be suffered by him, which cannot be compensated in terms of money. 6. Mr. Mahbubey Alam, the learned Additional Attorney General, submits that the learn..Category: Property Law | Date: | Hits: 34
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....said amount was filed. 3. The suit was contested by the present appellant alleging that when the plaintiff demanded excess payment the same was not accepted. The present appellant denied the claim of the plaintiff as made in the plaint. 4. After examination of both oral and docum......o. 159 of 1998). Judgment Mohammad Fazlul Karim J.- The defendant is the appellant in this appeal where in the leave was granted to consider the submissions of the learned Counsel for the appellant that the defendant appellant having already paid the admitted principal decreetal ......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....there was an outstanding of Tk. 3,69,485.39 in the pledge account and an outstanding sum of Tk. 36.000/- in the blocked loan account, in total an outstanding sum of Tk. 11,05,485.39. The plaintiff claimed interest pendente lite, tentatively calculated at Tk. 2,94,514.61 and filed the suit o......ivision in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and t......ppellant Bank instituted Title Suit No, 31 of 1983 (later re-numbered as Title Suit No. 131 of 1984) originally in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mortgaged property for a preliminary decree for Tk. 14,00,000/- with interest..Category: Property Law | Date: | Hits: 28
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
.... of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigation under the same title where such suit is pending in the same or any other court in......iff instituted Title suit No. 151 of 1994 in the fourth Court of Subordinate Judge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule prop......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....bered as Title Suit No. 280 of 1991 in the Court of Munsif, Sadar, Bagerhat for declaration that order by Circle Officer (Revenue) Bagerhat in Miscellaneous Case No. 818/1983-84 and the kabala claimed in the said Miscellaneous case is, void, illegal, forged, fictitious and for permanen......rt Division in Civil Revision No. 765 of 1994) Judgment Md. Fazlul Hauqe J.- This appeal has arisen out of a leave granting order dated 8.1.1998 passed by this Court in Civil Petition for Leave to Appeal No. 1172 of 1997 filed against the judgment and order dated 11.8.1997 passed by...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136....... of 1993 reversing the judgment and decree passed by the learned Assistant Judge, Narayanganj, as the S.C.C. Judge on 22.4.93 decreeing S.C.C. suit No. 1 of 1987. 2. The appellant brought the suit for eviction of her monthly tenant, the defendant respondent, from the suit premises stating, inte......aishak, 1389 B.S. and since thereafter he started depositing rent in the court of House Rent Controller in House Rent Control Case No. 55 of 1982, but due to inadvertance he had failed to deposit the money-order fees along with the monthly rent as such the House Rent Control Case was dismissed on 26..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....is fund to have been raised and decided. At this appellate stage we cannot allow such plea. Purchase of possession of a shop room cannot be equated with purchase of shop room to deprive a landlord of claiming title to the property which he has let out to a tenant. Nor it can’t be said that a lan...... judgment and order dated 3.11.1998 of by the High Court Division made in Civil Revision No. 377 of 1998. 2. The appellant S.C. Suit No. 3 of 1997 in the Court of Assistant Judge, 2nd Court, Dhaka for eviction of the respondent from the suit shop stating that it was initially let out on 19.5.1981......ment made by the learned S.C.C. Judge. 8. Mr. Mahmudul Islam, the learned Advocate for the respondent, on the other hand, submitted that on refusal by the appellant to accept the rent sent through money order for the months of December 1990 and January 1991 on 13.1.1991 the respondents were not d..Category: Tenancy Law | Date: | Hits: 172
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
....lary for a period of 13 months 4 days so long he had been out of service. In pursuance thereof he joined in service. Subsequently he submitted a representation to the concerned authority claiming arrears of salary in respect of the period contained in the said letter dated 11.5.89......efunded. Accordingly he refunded the money taken on 10.5.89. Thereafter on 11.5.89 a letter of reinstatement was issued allowing him to join in service on condition that he would not get any salary for a period of 13 months 4 days so long he had been out of service. In pursuance thereof he ......e concerned authority reinstated him on 6.9.77. Again he was terminated from service on 9.3.88 but in view of his representation the same was withdrawn on 12.4.89 subject to the condition that the money he had received on account of termination benefit should be refunded. Accordingly he refunded..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....r the said purpose and the owners of the plots involved were paid initial compensation. 3. On 5 June 1979 the appellant made an application to the Additional Land Acquisition Officer, Dhaka claiming compensation in respect of the disputed plots excepting plot Nos. 1345, 1362 and 1366 on t......ok over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of the Act were duly issued signifying the intention of the Government to acquire the lands for the said purpose and the owners of the plots involved were paid initial compensation. 3.......registered kabala Nos. 22712, 22689, 22635 dated 31 October 1978 had purchased disputed lands and on the basis of such purchase he had prayed for compensation. But a long time ago the compensation money for the lands had got distributed. 4. On 21 June 1979 the appellant made yet another a..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....ting the decomposed shrimps the plaintiff destroyed the same in presence of the Sanitary Inspector and local public. Value of the decomposed stock was Tk. 47,13,905.00 and the plaintiff submitted a claim of the aforesaid amount to the defendant under DOS policy, but the defendant by letter dated ......ide the judgment and decree dated 31.7.1994 passed by the Subordinate Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit statin......11.88 at 8.35 a.m. resulting in the deterioration of stock of shrimps and that the suit was not barred under clause 8B of the Insurance Policy and the plaintiff was entitled to get a decree of the money claimed. 6. The defendant respondent No. 1 filed First Appeal No. 277 of 1994 against..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....ld only arise when possession has been handed over to the lessee i.e. Abul Hashem Khan. No possession having been given no vested right was created and the lessee Abul Hashem Khan could not legally claim one-month calendar notice under this provision of the lease agreement. The High Court D......pondent Nos. 1-7 predecessor Abul Hashem Khan on 20.3.67. The land of Abul Hashem Khan and others including that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a......omplex Ltd. being bonafide purchaser for value from Bazlur Rahman and there being no suit or pending appeal at the relevant time, it took possession of the suit plot and invested large amount money for development and improvement of the property. The respondent Nos. 1-7 were aware of s..Category: Property Law | Date: | Hits: 30
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....os. 1-3 were the owners of "Kha" schedule property. Defendant Nos. 1-3 transferred the 'Kha' schedule property to defendant Nos. 4-5 by way of out and out sale deed but to avoid the claim of pre-emption of the plaintiffs they created a deed of exchange instead of a deed of sale. ......in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one ......hat the court of appeal below having found that as per recitals in the disputed deed it is a deed of exchange and no oral evidence contrary to the same was admissible and no consideration money was paid. The High Court Division acted illegally in reversing the judgment and de..Category: Property Law | Date: | Hits: 33
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