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Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....f Babu Khan, four sons of Miajan Khan and one son of Akimuddin. 3. The plaintiffs, the heirs on Miajan Khan, filed Title Suit No. 310 of 1964 in the Court of Munsif, Second Court, and Bagerhat and claimed 8 annas share in the suit property. 4. Defendants contested the suit asserting inter alia......m in other actions but such admission cannot be regarded as conclusive proof and it is open to the party to show that it is untrue. To adjudicate upon the contention of admission in the plaint of the former suit, this matter should be remanded to the trial court to decide on evidence to ascertain id......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......1984. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a time. Such irregular payment did not also constitute a waiver of the right t...... No. A022932/26/ 2327 dated 12.7.73 on Rupali Bank, Khatunganj Branch, Chittagong which the plaintiff- respondent refused to accept. Defendant-appellants remitted rents of these two, months by postal money order on 19 July, 1973 which was returned back to him on 28 July, 1973. Defendant-appellants t..Category: Tenancy Law | Date: | Hits: 112
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
..... For the purpose of the present appeal, it is not necessary to set out the plaintiff’s case at length which appears in the impugned judgment and also in those of the courts below. Plaintiff in all claimed 11.41 decimals of land in the different schedules of the plaint. The bone of contention betw...... March 31, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 The documents being lawfully admitted into evidence on behalf of the appellants but could not be considered for want of oral evidence as held by the High Court Division and on such finding the suit ought to h......court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
.... expiry of one month therefrom respondent terminated the tenancy and as the appellant did not vacate the suit premises he became a trespasser in the suit premises w.e.f. 1st November 1974. Respondent claimed compensation @ Tk 200/- per day. 3. Defendant-appellant contested the suit by denying the......zle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the First Court of Subordinate Judge, Chittagong for recovery of khas possession of the suit premises after rejecting the defendant- appellant and fo......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....ds, the plaintiff society has no locus standi since it is not the original lessee. 9. On appeal the High Court Division took the view that the trial Court misconceived the nature and the scope of claim in the suits and concluded by saying: "In the absence of any evidence that Dhaka Lodge...... Judgment June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position correspondence made between the part......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....May 1982 passed by the High Court Division, Dhaka in Appeal from Appellate Decree No. 41 of 1975). Judgement MH Rahman J. - This appeal is at the instance of defendant No.2. 2. The plaintiff claimed the suit land by virtue of purchase by a registered kabala dated 30th Falgoon 1353 B.S. corr......rd, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took deliver) of possession through court on 27th May, 1951 in execution of a decree for eviction, passed in that suit. 3. Thereafter the plaintiff possessed the suit land through ad......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....fendant is in possession which was established on evidence. A document that has been registered relates back to the date of its execution and when the question of title as between the two contestants claiming on the basis of successive documents executed by the self-same vendor must be determined wi......ivil Revision No. 720 of 1984 reversing the concurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he pray......erlooked that the title of the defendant related back to 30.12.72 the date of execution of the deed of agreement for sale (bainapatra) followed by the delivery of possession on receipt of the earnest money as per terms of the agreement for sale. Dr. Kamal Hossain argued that it was not the question ..Category: Property Law | Date: | Hits: 118
....ection of inchoate right of the tender may be sought when any other tender is, accepted in violation of the conditions of the tender forum. The appellant had submitted tender on 18 December, 1986 and claimed that his tender was the highest. Even if it were the highest offer, he by that offer did not......right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, accepted in violation of the conditions of the tender forum. The appellant had submitted tender on 18 December, 1986 and claimed that his tender was the h......is in sealed cover to reach him by 12.00 hours of 18 December 1986. It was further stated in the letter that in case the cash offer "becomes higher than the earlier credit offer" the required earnest money at the rate of 2.50% for the 'excess amount' shall also have to be submitted along with the ca..
Category: Business or Commercial Law | Date: | Hits: 95
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....ober 1977 under section 17 of the "Act" 3. Plaintiff filed T.S. No. 115 of 1978 in the 2nd Court of Munsif, Feni, challenging the order dismissing him from service under the Act. In his plaint he claimed that he was a member of the Management of the Mills designated as "Store-in-Charge," and con......s managerial or administrative in nature. He got no power to control or to supervise the work of any other person. Nature of his work does not bring him within the category of 'employer'. It is, therefore, clear that the respondent is not an’ employer' but is a ‘worker’ under the Act. The very...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
.... by the tenant cannot be said to have subsisted. Since the basis of the right of defendant No. 2 to stay on in the suit premises is found non-existent, she cannot be allowed to defeat the appellants' claim to evict her from the suit premises on the ground of some technical objection…………(7 &a......(A.T.M. Afzal, J.) on 12th February, 1984. 2. Plaintiffs' predecessor Abdul Aziz Bepari instituted S.C.C. Suit No.1 of 1973 in the court of Small Causes Court Judge-cum-Munsif, 1st Court, Chandpur for eviction of defendant- respondent Nos. 1 and 2 from the suit premises. Respondent Nos. 1 and 2 w......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....f the Enemy Property in pursuance of direction of court. From the above analysis of the legal position it is clear that the property is now vested in the Government and the Assistant Custodian has no claim in respect of such property. The High Court Division had fallen into an error in its conclusio......mergency Provisions) (Repeal) (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini c...... stood on the promulgation on the 6th of September, 1965, was to the following effect; "182. Collection of debt of enemy firms and custody of property.-(1) With a view to preventing the payment of money to an enemy firm, and preserving enemy property in contemplation of arrangement to be made at ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......ers ...................Respondents Judgement April 8, 1987. Â The Code of Civil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as prov......against whom the order under rule 7 of Order 39 of the Code is sought to be enforced. 6. The case of Padam Sen and another V. State of U.P. AIR 1961 (SC) 218 arose out of a suit for realisation of money on the basis of a promissory note alleged to have been executed by the defendants in favour of..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....¦â€¦.(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 A bill for payment of money is certainly a pecuniary interest of the claimant. Had the bill been scrutinized payment was yet to be made, than probably it could have been......isqualified from holding the office and the Court in its extraÂordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla ......denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 A bill for payment of money is certainly a pecuniary interest of the claimant. Had the bill been scrutinized payment was y..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1...... 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties. Consideri......e suit shop for realisation of rent and suddenly he got a notice from the plaintiff on 1.2.77 for which he was asked to quit the premises. The defendant tendered the rent but it was refused; even money order was not accepted by the plaintiff and thereafter he started depositing rent in Rent Depo..Category: Property Law | Date: | Hits: 52
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....decree for specific performance of contract for, 02 acre of land on 29th November 1972 in Title Suit No. 91 of 1970. He, however, did not obtain any kabala from Court in pursuance of the decree. He claimed that according to the provisions of section 53A of the Transfer of Property Act he being i......eptember 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advo......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
...., for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit proÂperty. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons o......xpressed in the judgment by my learned brother MH Rahman J. 2. Facts are simple. Plaintiff is the appeÂllant. He filed the suit being Title Suit No. 264 of 1977 in the Court of Munsif, Chandpur, for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusi......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....tiff's own admission that defendants Nos. 1 and 6 left for India and they were not in this country the trial Court erred in holding that defendant Nos. 1, 3 and 6 virtually admitted the plaintiff s claim by not appearing and contesting the case ; and that the suit was bad for defect of parties as......M. H. Rahman J. - This appeal by leave is at the instance of defendant Nos. 2 and 5. 2. Respondent No.1, Han Mohan Das, filed Title Suit No. 45 of 1972 in the 1st Court of Munsif, Madaripur for specific performance of the contract, the defendants alleged to have entered with him on 10th ...... or the area of the suit land, nor he could give the year of his purchase; that he could not say when he went into possession of the suit land; that he admitted that he had no bank balance and cash money and he had no paper to show the payment of Rs. 4,000/-to the defendants except the agreement ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......983 summarily dismissing the application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Title Suit No. 262 of 1975 in the First Court of Munsif, Gopalganj for a declaration that order of mutation dated 10.5.1975 was null and void and not binding upon the......then placed the scheme of Order 32 of the Civil Procedure Code and pointed out that when the mother was acting as next friend in the suit of the plaintiff Rule 6 clearly prohibits acceptance of any money for compromise of any suit without the leave of the court. The learned counsel submitted that..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....ot been affected by the substitution of the schedule. 2. Respondent No.1 filed a Money Suit (M.S. No. 186 of 1978) in the 3rd Court of Subordinate Judge, Dhaka, against the appeÂllant and others claiming a little over Tk. 35,00,000/- as damage due to short delivery of commodities and got a decr......tion raiÂsed in this appeal by special leave is whether section 35A of the Court Fees Act, 1870, has become inoperative, ineffective and infructuous in view of the substitution of Schedule I of 1981 for Schedule I of 1960 of the said Act. In other words, whether the High Court Division has correctl......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... alternative, for staying all further proceedings of the matter including advertisement till disposal of a civil suit filed by the company against the respondent- petitioner in respect of the same claim of debt. The learned Company Judge by an order dated 3 September 1986 rejected both the praye......bsp; Shahabuddin Ahmed J. - These two appeals have been preferred by a private limited company against whom a proceeding for winding up, being Company Matter No. 27 of 1986 is pending before the learned Company Jud......necessary cheques as security against loans taken from different persons. The bank manager then acting in collusion with the respondent issued the two cheques to make out a false claim of loan; no money was received from the respondent in respect of these two cheques. The company and the managin..Category: Business or Commercial Law | Date: | Hits: 76
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