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Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....e set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner filed SCC Suit No.10 of 1995 dated 11-10-1995 in the SCC Court, Rajshahi for a decree for eviction of defendant No.1 from the suit premises as mentioned in the schedule of t......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ...... 2. The petitioner filed SCC Suit No.10 of 1995 dated 11-10-1995 in the SCC Court, Rajshahi for a decree for eviction of defendant No.1 from the suit premises as mentioned in the schedule of the plaint. 3. The case of the plaintiff-petitioner is that the defendant being a furniture merchan..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause su......udgment exclusively applied to the money decree and the security bond or the liability or the surety were all in respect of money decree passed by the S.C.C. court, that it was only in 1962 by way of amendment in clause 4 in the second schedule a suit for ejectment of a tenant unless, any other Cour......not tenant but was in occupation of the suit premises. The defendant No.2 was impleaded in the SCC suit since he was found to be carrying on business in the premises in suit. 3. The case of the plaintiff is that premises in suit previously owned by Gyanendra Nath Basu and he rented the same to..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone exc...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... and others ..................Respondents Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and h..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....a, on behalf of the contesting respondents that the election petition itself was not maintainable in view of non-fulfilment of Article 49(4) of the Order inasmuch as the sum of Taka 2,000 as security for the costs of the petition has not been deposited by the election petitioner‑appellant hims......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....eration money and to execute and register the kabala deed but the defendant No.1 refused to execute and register the kabala deed and hence the plaintiff has been constrained to bring the present suit for specific performance of contract. 3. The defendant No.1 contested the suit by filing a writ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ...... No.37 of 2001 affirming the judgment and decree dated 31‑1‑2001 passed by the Senior Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997. 2. The case of the plaintiff, in brief, is that the defendant No.1 proposed to sell the suit property to the plaintiff ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....s case may be taken as additional factor in arriving at the decision in the case in hand. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied bui....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......rates that once he is allowed to make construction on the land in excess of his share he would be going on dragging the suit for uncertain period and would cause prejudice and unfold misery to the plaintiff……………………………&he..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....Âtle Suit No.66 of 1991 in the Court of the Subordinate Judge,
Additional Court, Dhaka impleading the opposite party No.1 as defenÂdant No.1
and other opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by ...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......rÂdinate Judge, Dhaka decreeing Title Suit
No.66 of 1991 should not be set aside or such other or further order or orders
passed as to this court may seem fit and proper.
2. The petitioner as plaintiff
instituted TiÂtle Suit No.66 of 1991 in the Court of the Subordinate Judge,
Additional ..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
.... and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, F..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ted by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ...... that the decree dated 15-6-1988. (Annexure-E) passed in Title Suit No.84 of 1988 and the deed of exchange dated 3-6-1989 were illegal inoperative and also sought for recovery of khas possession. The plaint of the suit was rejected on a contested hearing by judgment and order dated 16‑5-1996 again..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
.... the judgment and decree dated November 27, 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded ten...... and a Miscellaneous Case was registered and the same was allowed and thereupon structures in the land were attached and, as such, in the background of the aforesaid facts even though there was no amendment of the plaint seeking mandatory injunction for restoration of possession the suit was ve......seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plaint, that after, his death his son Abdul Barek possessed the said land and he transferred the sa..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....re mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......‑1‑85 passed by the Munsif Bakergonj in Title Suit No.100 of 1984 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-opposite party filed Title Suit No.100 of 1984 in the Court of Assistant Judge, Bakerganj ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....7 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the p......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......tion 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the property in questio..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....he Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispos......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing th..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....tion 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back th......) 233 it was held that: "Our conclusions, therefore, are that the President's Order Nos. 88 and 136 of 1972 and No. 24 of 1973 are all valid legislations for affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacke......ed 28-8-1999 by the Munsif, Second Court, Khulna in Title Suit No. 174 of 1975 dismissing the suit. 2. Respondent No. 1 and father of respondent Nos. 2 and 3 namely, Rampada Mondal as the plaintiff Nos. 1 and 2 respectively instituted Title Suit No. 174 of 1995 in the Court of Second Mu..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....rest devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ...... prepared and finally published. On the death of Saku Sarder his interest devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely aga..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....sult: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and both civil and criminal cases can run together, and...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......x's Bazar at the relevant time, committed offence under sections 420/409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 3. On receipt of the aforesaid complaint, the learned Special Judge sent the matter to the District Anti-Corruption Officer, Cox's..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ecord- For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Ahsanullah Patwary, Advocate-On-Record- For Respondent No.1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 983 of 2003. Judgment Amirul Kabir Chowdhury J.- This petition for l......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ment and order dated 08.04.2003 passed by the High Court Division in Civil Revision No. 5422 of 2002 discharging the Rule. 2. The facts leading to the leave petition are that the respondent No. 1 plaintiff filed Other Suit No. 169 of 2001 against the respondent Nos. 2 to 5 praying for decree for..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....or the Petitioner. Abdur Rab Chaudhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on- record- For Respondent No.5. Not represented-For Respondent Nos.1-4. Civil Petition for Leave to Appeal No.1910 of 2002. Judgment Md. Ruhul Amin J. - This petition for leav......the judgment and order dated October 23, 2002 of a Division Bench of the High Court Division passed in Writ Petition No.2597 of 2001 discharging the Rule. The writ petition was filed impugning the amendment of the schedule (published in the Gazette on January 23, 1986) of the Department of Shipp......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....lip;……Respondent Judgment December 4, 2004 The Criminal Amendment Act, 1958(XV of 1958), Section 4 Application for according sanction to prosecute the applicant admitted to have been sent in proper channel but......o the, proceedings of the Court of Special Judge and so the learned Advocate of the appellant attempted to take recourse to section 339B of the Code. But it appears that on 6th February, 1978 several amendments took place in the Act incorporating, amongst others, a new sub‑section as sub‑......iate the submissions let us quote proviso to section 6(5) of the Act which runs as follows: “………………Provided that in case where the complaint or report referred to in sub‑section (I) of section 4 is not accompanied by such sancti..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....uit. Nor there could be expected of any such prohibition. Parties to an arbitration agreement may abandon by as hereunder, agreement to refer their disputes to arbitration or e discharged from the performance of the contract. The arbitration agreement may also be superseded. Civil suit is therefore,...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......€‘ For the Petitioner Md. Khalilur Rahman with Rubaiyat Hossain, Advocates‑ For Opposite Party No.1. Civil Revision Nos. 3438 and 4501 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the former Rule upon making a revision application under section 115 of the Code ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
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