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Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....t contested the suit denying the case of the plaintiffs. The common case of the defendants is that the suit land having been finally acquired as far back as in 1941, the plaintiff did not acquire any right, title and interest therein by virtue of their alleged purchase and they had no locus standi......10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subse......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......e of their alleged purchase and they had no locus standi to maintain the present suit for declaration that the temporary lease granted by the Government to defendant No. 1 is illegal. 4. The trial court decreed the suit holding, inter alia, that although the Government had acquired the suit..Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....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. ......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. ......nded 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 documentary evidence the trial Court decreed the suit directing that the plaintiff is entitled to an amount of Tk. 6,35,24,85..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....he mortgage, it was, however, contended that section 34 overweighed order 34 and that where section 34 gives a discretion to the court that discretion cannot be taken away by order 34. It was rightly held that there was no inconsistency between two. Section 34 gives a discretion to the Cour......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...... on the courts to decree interest at the contractual rate upto the date of redemption in all circumstances, if there be no question of the rate being penal, excessive or substantially unfair within the meaning of the Usurious Loans Act, 1918." 15. Before the a......k an appeal to the High Court Division, F.A. No. 91 of 1987, against the said decree on the ground that interest on the decretal amount pendente lite and till realization was wrongly refused by the trial Court. By the impugned judgment dated 1-4-90 a Division Bench of the High Court Division dism..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....filed written statement for contesting the suit but subsequently defendant No. 2 did not contest the suit rather by filing Solenama he compromised the suit with the plaintiff, admitting plaintiff's right, title and possession in the suit land. 4. Defendant No. 1 alone contested the suit contend......e, Gopalgonj dismissing Title Appeal No. 265 of 1983 and affirming thereby the judgment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the sui...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274........ 5. The Trial Court decreed the suit believing the evidence of P.Ws and Ext. 1 series, the dakhilas holding, inter alia, plaintiff’s right, title, interest and possession in the suit land the trial court further held that the contesting defendant could not prove his alleged oral gift of the ..Category: Tenancy Law | Date: | Hits: 163
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....he competence of a Court to try a case. The plaintiff in a suit is at liberty to value his suit both for territorial and pecuniary jurisdiction but the Court under the Code of Civil Procedure has a right to correct the plaintiff’s valuation. 10. Thus the distinction between want of juri......ision erred in rejecting the revisional application summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......lication summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at all consider the appellant's contention ..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......93 dismissing the appeal and affirming those dated 30.11.92 of the 3rd Additional Court of Assistant Judge, Dhaka, passed in Title Suit No. 59 of 1992 decreeing the suit. 2. Facts necessary for the disposal of this appeal are stated first below. Respondent Md. Matiar Rahman is an engi&sh......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......with effect from 4.4.91. 5. Respondent then filed the above-numbered title suit for declaring the order of his dismissal from service as illegal and for other consequential reliefs. The trial court decreed the suit and the decree was affirmed by the lower Appellate Court and the High ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....Court's decree. The appellant had in the meantime leased out the fishery to a fisheries Development Corporation for 10 years beginning from 1392 B. S. By the Compromise decree the Government's right to lease out the fishery from 1392 B.S. was affected. That is why the appellant obtained lea...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) ......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ppeals Nos. 259 and 269 of 1983. These appeals were disposed of by the Additional District Judge, First Court, Sylhet, by a judgment and decree dated 13 December 1983. By this appellate decree, the trial Court's decree was modified to the extent that plaintiffs' lease period was restricted ..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....argued before the trial Court by the plaintiff that no notice was given to the plaintiff stating that the punishing authority differed with the findings of the Enquiry Officer. The trial Court rightly rejected that contention and found that the reasons are contained in the second show cause ......ter overpowering the night guards on duty. Night guard Abul Kashem made a G.D. Entry at Daulatpur RS. The plaintiff along with other night guards went to the residence of Senior Officers and informed them about the occurrence whereupon they all came to the place of occurrence. On being asked......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ereof was considered by the authority to be unsatisfactory. As such the plaintiff was removed from service by order dated 26-1-83. The appeal filed by the plaintiff was dismissed. 5. At the trial the plaintiff examined 3 witnesses including himself and the defendant-appellant examin..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....igh Court Division upon taking an erroneous assumption of the real facts wrongly passed the impugned judgment. 10. Moreover, it is a well-settled principle of Hindu Law that a Deity has also right of its own to have a suit instituted or defended by a next friend. In case of family Deity, e......y Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appea...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......aid property has devolved upon the trust committee he as the Secretary of the committee for the ends of justice should be made legal representative of the Deities to defend the suit. 3. The trial court rejected the said application holding, inter alia, that the Arpannama does not co..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......he appeal the said defendatns filed two pieces of amalnauia and also thirteen pieces of rent receipts to show their alleged settlement in favour of Mofatullah and Harop Ali and made an application for acceptance of the said documents as additional evidence. The learned District Judge reject......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......ners of the disputed land by way of inheritance and have been in possession of the same. Zelaton's name was not recorded in the S.A. Khatian as she used to live with her husband. 4. The trial court decreed the suit upon findings that the plaintiff was able to prove his title and..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....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. ......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. ......cation under section 10 of the Code of Civil Procedure filed by the defendant respondents in Title Suit no. 131 of 1994 of the Court of Senior Assistant Judge, Keranigonj which was rejected by the trial Court but allowed in revision by a single Judge of the High Court Division by the impugned ju..Category: Property Law | Date: | Hits: 27
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ...... Division in Criminal Revision No. 128 of 1996). Judgment Mohammad Gholam Rabbani J. - This appeal must be allowed, but only on a technical law point and the necessary facts strictly for its disposal are as follows: 2. Appellant Hazera Khatun along with others were put in tr......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......J. - This appeal must be allowed, but only on a technical law point and the necessary facts strictly for its disposal are as follows: 2. Appellant Hazera Khatun along with others were put in trial on a charge of committing murder before the Court of Sessions Judge, Sylhet, in Sessions Case..Category: Criminal Law | Date: | Hits: 42
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... of 23 cases made judicial confession in all the 23 cases in one sitting when the trial of the case was in progress and as such the said confessional statement in the absence of corroboration rightly not have been made basis of conviction the appellants. He further contended that the approv......l Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death passed in respect of Ershad Sikder and Faruque alias Jamai F...... of section 114 of the Evidence Act the evidence of an accomplice is unworthy of credit, unless he is corroborated in material particulars because an accomplice who betrays his associates is not a fair witness. 14. In the case of Abdul Qadir Vs. The State reported in 8 DLR (SC) 165 it ha......ivision Bench of the High Court Division in Criminal Appeal Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death pa..Category: Criminal Law | Date: | Hits: 45
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....igations upon framing an issue as to whether the suit is barred by the Principle of resjudicate and the same has to be denied on evidence being adduced. In our view the trial court has taken a right view that in a matter to decide the rejection of plaint it requires evidence to be addu......barred by res judicata or not is a matter to be decided at the time of trial by framing an issue and same could not be decided from a mere reading of the plaint. 3. Material facts necessary for disposal of the point raised briefly are that the appellant as the plaintiff instituted the afo......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ...... Leave was granted to consider that the learned single Judge of the High Court Division erred in not considering that the suit barred by res judicata or not is a matter to be decided at the time of trial by framing an issue and same could not be decided from a mere reading of the plaint. ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....s were aware of the restoration of the original suit and as they did not appear on the date of peremptory hearing, the Appellate court was wrong in allowing the appeal and the learned Single Judge rightly, set aside the judgment and order passed by the appellate Court. He has also argued th......2260 of 1998). Judgment Md. Hamidul Haque J. - The appellants were defendants in Title Suit No. 93 of 1987 of the Court of Subordinate Judge, 1st Court, Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the prede......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......3. The defendants then filed an application under Order 9, Rule 13 of the Code of Civil Procedure, which was registered as Misc. Case No. 20 of 1996 with a prayer for condonation of delay. But the trial Court disallowed the case on 20.10.1996. Then the defendants preferred an appeal, which is Mi..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....f the evidence on record. Besides there is no finding whatsoever, with regard to the settlement alleged to have been taken by Atul @ Arjun and/or by the plaintiff. Therefore, the courts below rightly dismissed the suit of the plaintiff since the basis of claim of the plaintiff was of settle......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. ......peal No. 42 of 1987 which was eventually heard by the learned Subordinate Judge, Bagerhat, who by his judgment and decree dated 15.5.1990 allowed the appeal and send the suit back on remand to the trial court for disposal after framing issues giving opportunity to amend the plaint and for e..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....f the evidence of P. Ws. 1 and 2 and the documents like postal receipts Ext. 5 and 5A there was legal presumption of due service of notice in question upon the defendant and as such the trial court rightly observed that the defendant did not rebut such legal presumption of due service of notice ex...... 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......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.......down in the case of Abdus Sattar and others vs. Suresh Chandra Das and others, 32 DLR (AD) 170. 6. Mr. Nawab Ali, learned Advocate-on-Record appearing in support of the appeal submitted that the trial Court on consideration of the evidence on record decreed the suit holding, inter alia, that th..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ...... 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......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......Small Causes Courts Act and obtained a Rule. The learned Single Judge of the High Court Division by a judgment dated 3.11.1998 made the Rule absolute, on contest, sending the suit on remand for fresh trial. 6. Leave was granted to consider whether the High Court Division was wrong in remanding ..Category: Tenancy Law | Date: | Hits: 172
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
.... respondent No. 2 having alleged that by false presentation the relevant authority fabricated certain document showing receipt of termination benefits, the learned Judges of the High Court Division rightly upheld the finding of the Labour Court that the termination in question is in fact a dis&sh......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 ......t are set aside and the complaint case stands dismissed. In the facts and circumstances of the case there will be no order as cost. Ed. This Case is also Reported in: II ADC (2005) 128. ...... salary in respect of the period contained in the said letter dated 11.5.89. Having failed to get any relief in the matter he instituted I.R.O. Case No. 43 of 1989 under section 34 of the Industrial Relations Ordinance, 1969, briefly I.R.O, claiming arrear of salary for the aforesaid period..Category: Labour and Industrial Law | Date: | Hits: 105
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......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......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......enerator, the claim was not entertainable. The plaintiff appellant's suit filed on 2.10.89 was not maintainable as it was not filed within 6(six) months from the date of repudiation. 5. The trial court after hearing the case decreed the suit in full. It held that the public power supply f..Category: Civil Law | Date: | Hits: 135
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