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Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495....... the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......peal to the Appellate Court. 6. Section 412 of the Code provides that an accused that has pleaded guilty to the charge and has been convicted on such plea is considered to have waived his right to question the legality of the conviction; he can only question the extent or legality of the sentence..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....ly on the road at Fringi Bazar area of the Chittagong town on 24‑10‑89, PW 1 Abdul Khaleque, Sub-ÂInspector of Narcotics and Liquor Department, Chittagong, apprehended him and recovered from his possession one gallon of hilly liquor which he held in a polythene bag in his right hand. He seized ......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......nishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....€‘09‑96 and 03‑09‑96 vide deed Nos. 8882 and 8984 of the case land fully described in the schedules to the plaint. 3. Case of the preemptors, in short, was that one Tabarakullah was owner in possession in 2.10 acres of land to the extent of 14 annas interest while his mother Ayesha Khatun w......n under section 96 of the State Acquisition and Tenancy Act, 1950 against the respondents for pre-emption of the transfers dated 01‑09‑96 and 03‑09‑96 vide deed Nos. 8882 and 8984 of the case land fully described in the schedules to the plaint. 3. Case of the preemptors, in short, was tha......ed to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....er the transfer of the suit land and the house the plaintiff went to his new homestead in the District of Noakhali. The defendant recorded his name in the DD Khatian No. 1176 and paid rents and is in possession of the suit land. 5. The Trial Court by judgment and decree dated 18‑07‑88 decreed......he plaintiff in brief, is that he went to the house of his friend Suja Miah on 12‑05Â87 in between 1.00 PM and 11.30 PM and entered in to a contract with defendant Foyes Ahmed for selling the suit land. The price for the suit land was fixed at Taka 15,000. The defendant gave the plaintiff a sum o......56 DLR (2004) 477. ......e suit land. Then the plaintiff made a search and after obtaining the certified copy of the sale deed came to know definitely about the same. The plaintiff never executed and registered the kabala in question and the same was created in collusion with the deed writer taking the advantage of the sign..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......is that they already paid the plaintiff entire money of the work done by him and there was no bill outstanding with them. 5. Their further case is that entire work of earth filling of 168 acres of land was divided into 10 groups. Of them, work of seven groups was first given to the plaintiff. The......days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ion until the Commissioner Reports was disposed of. Against said order, the plaintiff moved this Division under section 115(4) of the Code of Civil Procedure and obtained the above Rule. As the question raised both in appeal as well as in revision is the same between the same parties over the ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....res of land in the suit khatian from her husband as life estate holder and the she transferred 1.51 acres of land to defendant Nos. 1 and 2 by registered deed of gift dated 13‑12‑88 and delivered possession thereof to them. The said defendants have been in peaceful possession of the suit land, t......by Manada Sundari in favour of defendant Nos. 1 and 2 was illegal, fraudulent, void, collusive and inoperative and the said deed created no right, title and interest of the said defendant in the suit land. 3. The plaint case, inter alia, was that the suit land measuring an area of 1.59 acres orig......ocate - For the Petitioners. AH Farooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑......a widow having life interest can also alienate property for religious or charitable purpose as enumerated in Clauses (I)‑(IV) of section 181 A of the Hindu Law. In the instant case, the transfer in question was made by the deceased donor in favour of the donees on account of payment of debt of her..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......r Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Huda and others, 31 DLR (AD) 234; Mobarakga......ed for termination and dismissed the writs. 37. In Managing Director, Rupali Bank Vs. Tafazzal Hossain, 44 DLR (AD) 260 a suit by a cashier of the bank against termination leave was granted on the question of coram non judice. The suit was decreed. The Appellate Division however, set aside the de..Category: Employment/Service Law | Date: | Hits: 174
....urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......held on 7.3.92 is wholly illegal, without lawful authority, void, of no legal effect and mala fide.
b) To pass a decree declaring that the resolution pertaining to transfer of M/s NV Philips of Holland's shares numbering 50,400 to M/s. Transcom Limited passed on 7.9.92 in the meeting of the Board......er
Vs.
Sena Kalyan Sangstha and others……………Opposite Parties
Judgment
November 18, 1992.
Cases Referred to-
SK Ghandy Vs. LP Pugh, AIR 1924 (Cal) 598; VN Bhajekar Vs. KH Shinkar and ors, AIR 1934 (Bom) 243; Savavart Sidhantalankar and others, Vs. Aqa Samaj, Bombay, AIR 19...... be void and set aside.
8. We have quoted the reliefs prayed for in the plaintiff suit. The prayers (a) and (b) relate to declaration and the prayers (c) to (e) relate to permanent injunction. The question before us is that where in a suit of the nature involved in the instant suit the plaintiff ..
Category: Company Law | Date: | Hits: 181
....m for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of the cost of the house; that Md. Zahoor having paid the cost and the entire consideration, the possession of the suit property was handed over to him on 29.1.63; while thus in possession he enter......petitioner is, that originally the suit plot was allotted by the Government to one Md. Zahoor under Memo. No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereo......y.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....gnee or his assignee and it is not assigned the master is not justified in delivering to the consignee without his producing the bill of lading and if he does so and the consignee has no right to the possession of the goods, the shipowner is liable to the shipper for damages for wrongful delivery. T......6. Section 6 is as follows: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or mis......e case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......led by the plaintiff are taken up for hearing together inasmuch as the decision of the application for arrest will govern the decision of the application for injunction. 2. Mr. M Hafizullah raised question of mainÂtainability of the application for arrest of the vessel ‘MT Dolores’ on the gr..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....king Sirajganj a model town by improving its ecological environment. In that regard, steps have already been taken to require illegal occupants to vacate lands in CS Plot No.3600 and to hand over the possession of the occupied lands to the respondents. It is in this context that the impugned notice ...... being Other Suit No.216 of 1975 against the Government of the People's Republic of Bangladesh (as principal defendant) and others on 2‑10‑1975 for a decree declaring their title in 0.20 acres of land of CS Plot No.3600 of Mouza Botardia. In that suit the three plaintiffs stated that their prede......suance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. .......216 of 1975 and that the petitioners' names have thereafter been mutated as transferees through Mutation Case No.1038 of 1995‑96. Further, a building having already been constructed on the land in question, the petitioners now fear and apprehend a possible demolition of that construction as a pro..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......ourt be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... 2, loan application vide its better statement accepted by Court and having adduced evidence in support of such case, the Court below erred in law in failing to consider such evidences and decide the question before passing judgment against the appellant. He also argued that the Court below erred in..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......ort" means respectively bringing into and taking out of, the provinces or the capital of the Federation or any Acceding State, if the federal legislature has power to make laws for such state by sea, land or air". 10. Now we are to see as to whether strict narrow meaning of the word "Import" as d...... other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......56 Motijheel C/A Dhaka for import of 40 Metric Tons of Iron and Steel Rerollable Scraps from UK under HS Code No.7204.49.10 as per Import policy order as applicable at the relevant time. The goods in question were properly inspected by a Preshipment Inspection Agency who issued Clean Report of Findi..Category: Fiscal/Taxation Law | Date: | Hits: 111
....uit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaintiff alleged that the first schedule land appertaining to Dag No. 5557 ......aintiff instituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaintiff alleged that the first schedule land app......gh Court Division
(Civil Revisional Jurisdiction)
Present:
Bijan Kumar Das J
Abul Kashem Al-Asad………………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:...... a new story by taking a stand foreign to the original written statement. Mr. Deb also submits that the amendment of the written statement could not be allowed for the purpose of determining the real question of controversy between the parties by introducing a completely new and alternative case fro..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....dant in his rented house at Nisindara orally gifted her the suit property in presence of her father in lieu of balance dower and money given by her for construction of the building and also delivered possession of the same to her. Since then she had been living there on payment of municipal taxes, r......s Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint alleging, inter alia, that she was married with the ori......y of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......25‑11‑1989 in his rented house in presence of her father orally gifted her the suit property. The deceased original defendant in his written statement denied alleged gift. In that context now the question is, whether the original defendant orally gifted the suit property to the appellant and she..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....ur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymensingh being the......o.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymensingh being the Other Suit No.121 of 1999 in ...... Md. Rezaul Hoque, Advocate-For the Petitioner. Omar Ali Khan, Advocate-For the Opposite Parties. Civil Revision No.3640 of 2001. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the Opposite Party No.1, to show cause as to why the Judgment and decree dated 2‑5‑2001......e without discussion and assessment of evidence that have been adduced by the respective parties by repeated examinations in the suit and by traveling on the surface and answering to his hypothetical questions, which he asked to himself and answered in stereotype. The learned appellate Court proceed..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....on, in short, are that the case khatian land 1.10 acres in area belonged to opposite party Nos. 2 and 4 and another Tala Bux Biswas in equal interest. Each of them had thus 0.36¼ acre of land in his possession. Subsequently, Tala Bux Biswas died leaving heirs in opposite party Nos. 2 and 3. It was ......oner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land 1.10 acres in area belonged to opposite party Nos. 2 and 4 and another Tala Bux Biswas in equal......the Opposite Party. Civil Revision No. 8766 of 1991. Judgment Sk Rezowan Ali J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3â......l have to file a pre‑emption application within a specific period of time. By not doing so the pre-emptee, Idris Mia, had simply waived his right to pre‑empt the case land." Now, the pertinent question is, whether the case land which comprised a tank was to be treated as non‑agricultural la..Category: Property Law | Date: | Hits: 79
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......
(Civil Revisional Jurisdiction)
Present:
MA Wahhab Miah J
Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others..............Petitioner
Vs.
Managing Committee, Khashmahal Balurchar High School and others……....Opposite Parties
Judgment
......affiliation of the school and from dissolving the school managing committee before the expiry of the term on 30‑12‑2002 and stopping the salary and other benefits to plaintiff No.3.
6. Similar question as is involved in the instant case came up for consideration before Division Bench of this ..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......was contended that the preÂsiding Judge was not authorised to pass the orders impugned. 5. The facts of the case in brief arc as follows: 6. The writ petitioner company proposed to develop the land of Plot No.8, Road No.104, Gulshan Model Town, Dhaka which belonged to writ respondent No. 4 Mo......e) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
.... (defendant) entered to a contract for sale of the suit land with the plaintiff on 14th September, 1989 at a consideration of Tk. 1,05,000/- and on receipt of advance amount of Tk. 60,000/- delivered possession of the same on condition that he would execute and register a sale deed within 13th Jaist......l of the appeal are that the appellants (plaintiffs) institutÂed Title Suit No.45 of 1999 in the Court of Subordinate Judge, Satkhira for specific performance of contract in respect of 3.49 acres of land of Plot No.9879 of S.A. Khatian Nos. 2257 and 2292 out of 8.66 acres of land. Plaintiffs case i......d without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... of consideration of money is also a material fact and as already been discussed, no reliable witÂness supported the payment of consideraÂtion money. But the trial court did not at all discuss this question of payment of consideration and the appellate Court, without discussing the evidence at all..Category: Civil Law | Date: | Hits: 55
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