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Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chalna Marine Products Ltd……………&hellip......it No. 3 of 1992 which decreed the plaintiff’s suit in full for Taka 2,35,17,569.00 with interest at the rate of 5% above bank rate on monthly rest till realisation to the extent that the suit was decreed without costs for Taka 1,29,34,662.40 with interest at the rate of 5% abov......of 1938), Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stor..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
.... defendants for rejection of the plaint of Title Suit No. 308 of 1994. 2. Respondent No.1 brought the said suit against several defendants praying for declaration of tile to certain land and also for recovery of khas possession therein. 3. Some of the defendants who...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petition......veral defendants praying for declaration of tile to certain land and also for recovery of khas possession therein. 3. Some of the defendants who are the petitioners here took a plea that on the very face of the plaint the suit was barred by the law of limitation. 4. ......08) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. ……..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
.... Khatian No. 185, whereas the respondents were co-sharers by purchase in that holding. Hence, it was rightly held that the pre-emptor had no locus standi to file the pre-emption case in respect of land of SA Khatin No.185. In both khatians plot No. 991 is a common plot, but pre-emptor being not ......es-Respondents [In Civil Petition No. 579 of 1994] Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were ......sp; Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were co-sharers by purchase in that holding. Hence, it was ......n Sarker J Fatema Bibi……………………………………………………..Pre-emptor-Petitioner Vs. Sree Manik. Lal Somaddar & others………&he..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....e allegation, inter alia, that on 16 April, 1967 he had fabricated and forged a Kabala, being No. 1342 and got the same registered at the Sub-Registry Office at Mohammadpur in respect of 230 acres of land belonging to Rabindra Nath Roy and others and by using the said forged document he got his name......d in: 50 DLR (AD) (1998) 96. ...... by the Assistant Inspector, District Anti-Corruption Bureau, Gopalganj on 29 September, 1988, the appellant was charged under sections 465/467/471 of the Penal Code with the allegation, inter alia, that on 16 April, 1967 he had fabricated and forged a Kabala, being No. 1342 and got the same registe...... Vs. State………………..Respondent Judgment May 4, 1997. The Penal Code, 1860 (XLV of 1860), Section 471 The punishment being awarded under section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishmen..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....appeal arose out of a suit, Title Suit No. 689 of 1976, brought by the first respondent in the Third Court of Munsif, Jessore, for declaration of title to and confirmation of possession in certain land. The case of the plaintiff briefly, is that the land in suit belonged to one Pagal Rishi. Nima...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Moula and others………………&...... are vitiated by misreading of evidence or non-consideration of material evidence. In the present case important material evidence had been ignored. The learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesa...... The Code of Civil Procedure, 1908 (V of 1908), Section 100 (Repealed) In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consideration of material evidence. In the present case important material evidence had been..Category: Property Law | Date: | Hits: 49
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....rayer for amendment of plaint and returning the plaint to the plaintiff. 2. The plaintiff instituted the suit for declaration of its title to and confirmation of possession in 0.44 acres of land on the northern side of the suit plot comprising an area of 0.82 acres. It was, inter alia, sta......Reported in: 50 DLR (AD) (1998) 86. ...... for declaration of its title to and confirmation of possession in 0.44 acres of land on the northern side of the suit plot comprising an area of 0.82 acres. It was, inter alia, stated in the plaint that on 18-1-1928 the plaintiff Bank got settlement of the suit plot from the landlord Gazendra Nath ......ovember 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....bdur Rouf J.- The plaintiff- petitioner along with his brother respondent No. 15 Md. Tota Mia on 29-3-86 instituted Title Suit No. 65 of 1986 initially for declaration of their title to 5.58 acres of land, which was subsequently raised by way of amendment of the plaint to 9.41 acres by incorporating......d. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......by the plaintiffs), the plaintiff not having exclusive possession and involves question of complicated title, without such relief, the suit cannot proceed. The lower appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 & 9) Lawye......and others………………….Respondent Judgment July 31, 1997. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....ed 27-5-1993 passed by the learned Assistant Judge, Additional 2nd Court, Barisal dismissing on contest Title Suit No.82 of 1992 for declaration of the plaintiff-respondents’ title to 3.90 acres of land and for further declaration that the proceedings taken in the Vested Property (briefly VP) Case...... also Reported in: 50 DLR (AD) (1998) 70. ......s to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, cannot be denied……………(4 & 5) Lawyers......valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, cannot..Category: Property Law | Date: | Hits: 73
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....sore dismissing Title Suit No. 69 of 1988. 2. The predecessor-in-interest of respondent Nos. 1-14 late Razab Ali Molla instituted the aforementioned suit for declaration of his title to the suit land. The case of the plaintiff, in brief, is that the suit land originally belonged to two brothers......d. This Case is also Reported in: 50 DLR (AD) (1998) 67. ...........Respondents Judgment July 29, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of......appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the case on remand to the appellate court for re-hearing the appeal upon proper assessment of the evidence on record. But there may be cases wh..Category: Property Law | Date: | Hits: 74
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
.... Court Dhaka in Title Suit No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands comprising of homestead, orchard, tank, etc. belonged to defendant Nos. 1 and 2 who entered in......52; 2 MLR (AD) 112. ......e of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly held that the lower Appe......jectures disbelieved the unregistered agreements which were proved by reliable and cogent evidence and confirmed the judgment of the trial court. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate–on-Record — For the Appellant. Khandker M..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....10-66 is void, fraudulent, without any consideration and not binding upon the plaintiff. The plaint case is that her son defendant No. 2 on the strength of the kabala dated 17-10-66 recorded the suit land in the name of his wife, defendant No. 1, on the plea that his mother executed and registered t......: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......sed by the Munsif 2nd Court, Kushtia in TS No. 68 of 1977. 2. The plaintiff who is the mother of defendant No. 2 and mother-in-law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-10-66 is void, fraudulent, without any consideration and not binding ......will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitation. ………………(10) Lawyers Involved Md. Nawab Ali, Advocate-on-Record—For the Appellants. Ex-parte — the Respondents. Civil Appeal No. 5 of 1993 (From..Category: Procedural Law | Date: | Hits: 154
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
....eceased Hatem Sikder alleging that the accused-petitioners along with others on 11-9-89 at about 8-00 AM being armed with deadly weapons by forming an unlawful assembly came to cut away jute from the land of deceased Hatem Sikder who tried to resist the accused persons. At this accused Abdul Mannan ...... Case is also Reported in: 50 DLR (AD)(1998) 24. ......death the learned judges rightly believed the same. Merely because PW 4 and 7 are distantly connected with the victim their testimony of witnessing the occurrence cannot be disbelieved on the ground that they were not disinterested witnesses when their examination in chief could not be shaken in cro...... ground that they were not disinterested witnesses when their examination in chief could not be shaken in cross-examination by the defence……….(7) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Petitioners (In both the Petitions..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....era being Complaint Case No. 5 of 1987 against the accused-respondents and others under sections 419/420/467/109 of the Penal Code, alleging that one Mojahar Ali Mollah was the owner of 8.91 acres of land. He died on 10-6-79 leaving behind no issues. After his death his only heir (uncle) Wahed Ali M......so Reported in: 50 DLR (AD)(1998) 23. ......€¦â€¦â€¦Respondents Judgment April 1, 1997. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 45 It has been rightly found by the High Court Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting a...... The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 45 It has been rightly found by the High Court Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print expert………………………..(8) Lawyer..Category: Procedural Law | Date: | Hits: 120
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....cate before the Bangladesh Bar Council alleging, inter alia, that her husband late Mr. Neamatullah gifted her Taka 9 lacs deposited in FDR with Agrani Bank New Market Branch, Dhaka and 43 decimals of land at Mouza Senpara Parbata, Dhaka; that after death of her husband on 13-8-84 her husband’s you......is also Reported in: 50 DLR (AD)(1998) 18. ......for gross professional and other misconduct. 2. Mrs. Rowshan Ara Zabin respondent No. 2 filed a complaint against respondent No. 1 Advocate before the Bangladesh Bar Council alleging, inter alia, that her husband late Mr. Neamatullah gifted her Taka 9 lacs deposited in FDR with Agrani Bank New Ma......aintiff as well as on behalf of his son defendant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15)..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....endant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plain......lso Reported in: 50 DLR (AD) (1998) 14. ......ontract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint which originally belonged to Kunja Lal Shaha. The plaintiff contends that Kunja Lal died leaving surviving three sons Ranajit, Sunil and Benoy, that Benoy being in posses...... & others…………………Respondents Judgment June 26, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it will no..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....t the instance of the plaintiffs. It arises out of a suit, being Title Suit No. 125 of 1981, for specific performance of a contract for sale. 2. The subject matter of the suit is a parcel of land measuring .49 acre owned by defendant No. 1. Jonab Ali who has his homestead thereon. The plain......7 BLD (AD) 328. ......€¦.........................Respondents Judgment August 10, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of consideration and pay......nt August 10, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of consideration and payment towards the same, demand of conveyance and a..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
.... policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petitioner who is seeking for return of the unutilized acquired land from the Government. The CDA with the approval of the Government prepared plots and distributed......8) 11, 1997 BLD (AD) 321. ...... who is seeking for return of the unutilized acquired land from the Government. The CDA with the approval of the Government prepared plots and distributed those to the allottees so it cannot be said that the land is kept unutilized. Mere non-use of the land for years will not give any right to the p......angladesh, 1972, Article 102 The Emergency Requisition of Property Act, 1948 (XIII of 1948), Sections 3 & 5 Inter ministerial communication are merely policy guidelines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petitio..Category: Property Law | Date: | Hits: 81
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....absolute, set aside decrees of the courts below and dismissed the suit. 2. The revision case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07 acres. The learned Munsif , First Court, Chandpur decree...... also Reported in: 50 DLR (AD) (1998) 6. ......ent January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exclusive possession of a specific and separate share of the suit plot wel......t well demarcated by boundaries so as to be entitled to retain their possession against their co-sharers till the legal partition by way of permanent injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- ..Category: Property Law | Date: | Hits: 83
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ...... This Case is also Reported in: 53 DLR (AD) (2001) 17 ......Case No. 1 of 1998 allowing an order of amendment. 2. Appellant and respondent Nos. 2-7 contested the election for the office of Chairman Shaplapur Union Parishad held on 22-12-1997. In that election appellant was declared elected chairman securing highest votes of 2446, respondent No. ...... the amendments can not be struck down. ……………………(11) (ii) The High Court Division should not entertain writ petitions against interlocutory orders passed by the Election Tribunal in the interest of speedy disposal of election petition..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....000. Result: The petiton is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 11, 151 & Order VII rule 11 When the plaintiffs failed to get their title in the suit land declared upto the Appellate Division in their earlier suit they cannot be allowed to proceed wi......ition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......ier suit they cannot be allowed to proceed with the present suit as no fraud was practiced upon the court by the defendants in the earlier suit. Such a suit should be buried at the very inception so that no further time is consumed in a fruitless litigation to reopen the same matter afresh after los......t’s inherent jurisdiction under section 151 of the Code…………………………(12) Lawyers Involved: Syed Ishtiaq Ahmed (Dr. Kamal Hossain, Mahmudul islam, and Rokanuddin Mahmud, Senior Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For Petitioners. ..Category: Property Law | Date: | Hits: 101
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