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....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......udge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plaintiffs was that the disputed land belonged to defendant Nos.1 and 2 and they contracted to sell the disputed land to the plaintif......d.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98...
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....y Trust Estate and why other suitable persons should not be appointed as Trustees in their place and also to direct them to retain the account books, documents and papers of the Trust Estate in their possession and to render full and complete accounts thereof. That in course of the suit, these petit...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......he interest of justice. Mr. Khandker argues that in view of provision of Rule 3 of Order 15, all the issues relating to law as well as on fact must be taken together. He argues that since complicated questions on facts are involved and dispute as to the nature of Trust whether the same is public or ..Category: Procedural Law | Date: | Hits: 62
....lly belonged to one Abdul Gafur Khan who in turn transferred 10.50 decimals of land by two registered deeds in favour of Hazera Nazrul who by two registered deeds sold to the plaintiffs and delivered possession. The plaintiffs initiated their names and paid rents and were in peaceful possession of t......f, Second Court, Dhaka, in Title suit No.45 of 1985 should not be set aside.
2. The petitioners as plaintiffs filed the above title suit for permanent injunction stating, inter alia, that the suit land originally belonged to one Abdul Gafur Khan who in turn transferred 10.50 decimals of land by t......1.
Case Referred to-
Mst. Bibi Saleha Vs. Antu Ram and another AIR 1918 Pat.543.
Lawyers Involved:
Bazlur Rahman Talukder, Advocate‑For the Petitioner.
Miah Abdul Gafur with Sharifuddin Chaklader, Advocates‑‑For the Opposite Parties.
Civil Revision No.562 of 1988.
Judgment......hers are a big plot of land and without a suit for partition it cannot be ascertained as to who is in possession of how much land. The lower appellate Court has also stated that this is a complicated question involving title and this cannot be decided in a suit for permanent injunction like this one..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ...... prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......ssional statements of the alleged murderer which is also subjected to criticism and the story of murder given in the confession appears to be hard to believe and, therefore, it is necessary to pose a question as to whether the corpus delicti is found or not in the instant case. It appears that the p..Category: Criminal Law | Date: | Hits: 110
....he petitioner for balance of Tk. 4466,238 upto 31.12.86 and interest of Tk. 1,15,508.60 upto 1.3.87 which would be supported by statement of accounts for the period from July 1981 to June 1985 now in possession of the respondent. The petitioner could contest the case before the General Certificate O......or realise any property, pledged, mortgaged, hypothecated or assigned by the agriculturists to secure his liability to the Bank.
(2) All sums due to the Bank shall be recoverable as arrears of the land revenue.
(3) In the application of the Public Demands Recovery Act, 1913 (Bengal Act III of ......legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......h Bank as aforesaid and marked as Annexures‑‘D’ and 'E' respectively to the writ petition. The petitioner has further alleged that he had addressed a number of letters to the bank to settle the question of outstanding dues with the petitioner by deducting the interest and penal interest charge..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......bar to trial of the petitioner under provisions of the Anti-Corruption Commission Act,2004 (Act of 2004) for the commission of the offence alleged to have been committed under the Ain of 2002 and the question of prejudice does not arise because no trial can be held under the provisions of the Act of..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......arged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......12 and Hamdeo Sudhi Vs. The State, AIR 19S8 Orissa 20. The facts and circumstances of those cases being different we find that the cited decisions are of no help to him to support his contention. The question as to the scope and ambit of the inherent power of the High Court under section 561A vis‑..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....cannot be gone into and determined in a proceeding for pre‑emption but if the transferee or the transferor takes the plea that no transfer took place under the kabala and the transferor remained in possession of the land the court in a pre‑emption proceeding can enter into such question and give......le are as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in the court of Assistant Judge, Sadar, Sylhet under section 24 of the Non‑Agricultural Tenancy Act for pre‑emption of the land transferred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming......nce. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......t sought to be pre‑empted has not yet been registered under section 60 of the Registration Act and as such the pre‑emptor has no cause of action and the case was premature and (2) the document in question is a deed of exchange on the face of it and in a pre‑emption case which is a summary proc..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......y Choudhury J A. Jalil ..... Petitioner Vs. Upendra Chandra Saha & others ....................Opposite Parties Judgment November 28, 1991. Lawyers Involved: Shah Abu Nayum Mominur Rahman, Advocate ‑ For the Petitioners. Md. Joynul Abedin, Advocate ‑ For the Opposite P...... A Single Bench of this court discharged the Rule on 5.6.90. After a lapse of about two months and a half for which no explanation has been offered another revisional application was filed calling in question the propriety of the order of the Subordinate Judge allowing amendment of the application f..Category: Procedural Law | Date: | Hits: 72
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......t the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ...... appeared before the enquiry officer with the main volume of Nikah Register and other relevant papers. The petitioner was not given any opportunity to given any statement or he was allowed to ask any question about the allegation. 3. Respondent No.2, Deputy Secretary (Regi), by a letter dated 7.3..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......ms thereof the defendant-respondents decided to establish Ice Plant and cold storage on the supply of the necessary machineries on payment of fund in foreign currency and the defendant would purchase land and construct Factory building for establishment of the Ice Plant and Cold Storage and thereupo......t once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......ng inter-alia that as per terms and conditions of the agreements the plaintiff-Bank could not or did not supply the entire machineries including Air Blower and Amonia Gas without which the project in question cannot go in operation and the defendant-company did not receive any farthing/ cash money f..
Category: Civil Law | Date: | Hits: 217
.... that even if for arguments sake it is considered that the plaintiff has failed to prove the fact of acquiring title on the basis of any gift, then it has at least acquired title by virtue of adverse possession, whereas the settled law is that adverse possession cannot be the basis of claiming title......রতিকার পাইতে পারে তাহার আদেশ হয়।
in respect of the property described in the schedule to the plaint. The basis for claiming title in the suit land, being .28 acres of land under C.S. Plot No.45/117 under C.S. Khatian No. 473/1 corresponding t......
President, Coronation Hall Committee and Deputy Commissioner, Khulna…......Petitioner (Defendant-Appellant)
Vs.
Executive Committee, Khulna & others.................Opposite Parties (Plaintiff-Respondents)
Judgment
August 8, 2011.
Cases Referred To-
Abdul Kader Vs. Abdulla......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......h and considered their submissions. We have carefully scrutinized the contempt petition, affidavit in opposition, affidavit of compliances and other connected papers appended to them. 12. The moot question that falls for consideration by this Division in this Contempt proceeding is whether contem..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......ct No.13 of 2003, but the President, through the Ministry of Power, Energy and Mineral Resources, without complying with the procedure, appointed the respondent No.2 as the Chairman of the BERC in a clandestine and non-transparent manner. 19. Dr. Shadeen Malik lastly submits that the petitioner h......s to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......mo being No. BERC/Prosha-075/5696 dated 4-12-2008 to Dr.Tureen Afroze purportedly appointing her as a Counsel therefore, but she never accepted any brief, remuneration and emolument therefrom. So the question of taking any decision of relieving her of the alleged duties to the BERC did not arise at ..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ...... the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......he decision by the Arbitration Tribunal were not taken by any person performing the functions in connection with the affairs of the Republic or of a local authority, such decision cannot be called in question before this Court under Article 102(2)(a)(ii) of the Constitution. (Respondent No.1, Bangla..Category: Constitutional Law | Date: | Hits: 165
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....g simple declaration of title to the suit land measuring 81 acres as described in the schedule of the plaint. The suit land originally owned and possessed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in po......arned Munsif, 1st Court, Pabna in OC Suit No.135 of 1973. 2. Plaintiff appellant instituted OC Suit No.135 of 1973 in the 1st Court of Munsif, Pabna seeking simple declaration of title to the suit land measuring 81 acres as described in the schedule of the plaint. The suit land originally owned a...... Majid, Advocate ‑ For the Appellant Khandakar Saiful Huq, Advocate ‑ For the Respondents. Second Appeal No.26 of 1977. Judgment Syed Fazle Ahmed J.- This second appeal is directed against the judgment and decree passed by Additional District Judge, Pabna in Other Class Appeal No.35 ......ee stands vitiated by fraud. So, as per provision contained in section 44 of Evidence Act legality or otherwise of the impugned decree which is passed on the basis of Bainanama Ext.2 can be called in question without instituting any separate suit to have the ex parte decree set aside. 9. Now I pa..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......sion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......pondent. Application No. 37 of 1984. Judgment AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the lea..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....r the opposite party No.2 Bangladesh on 13.6.83 instituted Title Suit No.264 of 1983 in the Court of Munsif, 2nd Court Sadar, Mymensing against the petitioner and another for declaration of title and possession in respect of self‑same suit land out of 0.30 acres of land of plot No. 2263 by amendme......petitioner instituted Other Suit No.650 of 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian No.171/199 and ROR Khatian No.1 of mouza Fulbaria on......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......irection of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......uld decide since its order dated 14.3.83 is whether Jagannath Banerjee was alive at the time of filing of the Misc. Case under Order 9 rule 9 CPC and whether he signed that Misc. petition or not. The question of substitution under rule 10 of Order 22 CPC may be considered only after the above point ..Category: Procedural Law | Date: | Hits: 77
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......o legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......ioner was not given any opportunity to cross examine. 4. The case was resisted by the respondent 4‑the company. Its case was that on detection that the petitioner did not deposit the amount in question he was charge‑sheeted and was directed to submit explanation to the charge and as the exp..Category: Labour and Industrial Law | Date: | Hits: 115
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