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Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
....dence out of consideration. In a suit for permanent injunction question of title is gone into incidentally. The primary matter in a suit for permanent injunction, required to be proved by the party seeking decree of permanent injunction is the possession of the land in suit. In the ins......ion on consideration of the evidence on record arrived at the finding that the plaintiff proved her possession in the land in suit and the defendants did not produce any paper relating to payment of rent. On the aforesaid findings the High Court Division made the Rule absolute. 6...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ..Category: Property Law | Date: | Hits: 21
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....those of dated 6.04.98 passed by the learned Senior Assistant Judge, Chowddagram, Comilla in Partition Suit No.135 of 1995 decreeing the suit. 2. The respondent Nos.1-4 instituted the above partition suit on the averments that the suit land originally belonged to Fosi Gazi and after his d......l court on consideration of the oral and documentary evidence arrived at the finding that exhibit 'Kha" shows that the landlord obtained a decree in respect of the suit land for non-payment of rent and Hamid Ali, by depositing the decretal amount with costs in the execution case, ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....waj' (consideration) did not pass, the heba-bil-ewaj deed shall remain valid and the executant may seek relief for realization of the ewaj, as in the case of sale deed for non-payment of entire or part of consideration money, the executant may seek relief for recovery of money. A heba-bil-ewaj d......f law. Even if the 'ewaj' (consideration) did not pass, the heba-bil-ewaj deed shall remain valid and the executant may seek relief for realization of the ewaj, as in the case of sale deed for non-payment of entire or part of consideration money, the executant may seek relief for recovery of mon......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ..Category: Property Law | Date: | Hits: 26
Mosammat Namiran Nessa Vs. Aftaruddin & othÂers, 2007, 36 CLC (AD)
.... for a declaration that the Wasiatnama dated 25.10.1976 executed by Namiran Nessa is illegal, void, inoperative, fraudulent and not binding upon the plaintiffs and also for a preliminary decree for partition stating, inter alia, that the land of S.A. Khatian No.305 of Mouza West Jagatber belonged......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....handpur in Title Appeal No.60 of 1989 affirming the judgment and decree dated March 19, 1989 of the Court of Assistant Judge, Faridganj, Chandpur in Title Suit No.581 of 1984 decreeing the suit in part. 2. The suit was filed seeking declaration that the judgment and decree dated September......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ..Category: Property Law | Date: | Hits: 20
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
....d. 5. The High Court Division disposed of the application upon observing "It appears that this application of the petitioner involved disputed facts which should be resolved between the parties themselves. So we direct both the parties to form a joint team with the competent persons ......hy;tioners and also seeking declaration that by the insertion of interest in clause 16.1 of the Contract Form B of the respondent No.1 so far the same relates to "In case of default in making payment on interest at the rate of 1% per annum above the existing lending rate of the Commercial B......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ..Category: Others | Date: | Hits: 92
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....3 dismissing the same. The Miscellaneous Case was registered upon an application filed on November 6, 1983 under Order IX, rule 13 of the Code of Civil Procedure (CPC) seeking setting aside of the ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit was filed ......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702...Category: Limitation Law | Date: | Hits: 171
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....ve heard Mr. AQM Shafiullah, the learned Counsel for the petitioner, and perused the judgment of the High Court Division and other connected papers. 4. The Artha Rin Adalat upon hearing the parties and considering the materials on record, by the impugned order dated 30-5-1999 rejected the......urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......pondent Habib Bank Limited. In that application it was stated that the property of Mrs Maria Yousuf was mortgaged to the Uttara Bank Limited, by depositing the title deed against the house building loan granted to Mrs Maria Yousuf and that property is not liable to be attached in execution of a d..Category: Civil Law | Date: | Hits: 80
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....and the Government circular dated 22-5-1986 cannot override the law. The learned Attorney-General further submits that the above circular is inter-ministerial correspondence between two government departments having no statutory and binding force. He further submits that after compensation is paid ...... of the writ petitioner-respondents. 4. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that the land in question were acquired on payment of compensation money to the owner and, as such, the ownership of the previous owner having ......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ..Category: Property Law | Date: | Hits: 32
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....he property. The learned Counsel further submitted that the suit being a suit for declaration of title and recovery of khas possession, the High Court Division erred in holding that "In this particular case the opposite parties plaintiff's have long uninterrupted possession and also have ......t in Title Appeal No. 130 of 1999 which are Exhibits 'Ka' and 'Ka(1)' series of the Third Court in OC Suit No. 81 of 1986 (Shree Sudhir Chandra Das vs Amena Khatun) of the Zamindari period showing payment of rent to the Zaminder by Dil Mohammad himself for the year 1351 BS on 5-7-1351 BS Exhibit...... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ..Category: Property Law | Date: | Hits: 25
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....hem Howlader only, so the portion of the judgment of the trial court which has been upheld by the appellate Court, needs some modification and accordingly, it is modified to the extent that the ex parte decree is declared as fraudulent against Abul Kashem Howlader only and the same is not bindin......ures in any documents of the suit, if there be any, were all forged and fabricated and the plaintiff had no knowledge about the suit. That once plaintiff's father Khalilur Rahman for securing the repayment of a debt, executed a Jaisudi-mortgage of 1.25 of 0.25 bighas of land of his share from th......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ..Category: Property Law | Date: | Hits: 102
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....s Involved: MA Mannan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. ASM Khalequzzaman, Advocate-on-Record—For Respondent No. 2. Ex-parte—For Respondent No. 1. Civil Appeal No. 48 of 1998 (From Judgment and Ord......ays as to why he shall not be dismissed from service or otherwise why disciplinary action shall not be taken against him. The allegation made in the charge-sheet was of misconduct for making excess payment of Tk. 57,630 to casual assorters causing serious loss to the appellant company. The respon......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....Republic of Bangladesh stating that she is a law abiding and peace loving citizen of Bangladesh and a political element, being the President of Bangladesh Awami League, one of the two major political parties of the country. She was the Prime Minister of the Government of Bangladesh during the period...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
.... the defendants are occupying the premises in suit as tenant at the rent of TK.400/- per month payable according to English Calendar by the 15th of the next month, that defendant No.1 is the managing partner of the defendant No.2, which is a registered partnership Firm; that the tenant was paying re......4 of the 1st Court of Subordinate Judge, Sadar, Chittagong in Small Cause Court Suit No.3 of 1989. Plaintiff filed the said suit seeking eviction of the monthly tenant on the ground of default in the payment of rent as well as on the ground of bonafide requirement of the premises for her own use and......ough on the record in support of the case of bonafide requirement and evidence being on record that papers are under process for obtaining sanction for making the construction as well as obtaining of loan the High Court Division ought not have reversed the decree passed by the trial Court on the gro..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
.... of 1994 making the Rule absolute. 2. Short facts are that the writ petitioner filed the writ petition stating, inter alia, that he is a citizen and permanent resident of Bangladesh. After partition of India, some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..Category: Property Law | Date: | Hits: 46
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....l Revision No. 899 of 1998 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12.1920 in favour of the defendant......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ..Category: Property Law | Date: | Hits: 25
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....ounsel and perused the paper book including the leave granting order. 5. The learned Counsel submits that the courts below failed to consider evidence of the P.Ws. including P.W.1 and 9 in particular, who categorically stated that victim Saiful had illicit connection with the wife of one......e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 87
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....gh Court Division that the Joint District Judge, and Arbitrator while assessing compensation for the appellants' 11.5750 acres of bhiti land after due and proper appreciation of materials on record particularly Ext.53(Ka) by mistake referred chala land in some places and illegally rejected appel......foresaid application under Section 7(aaa) of the (Emergency) Requisition of Property Act, 1948. Moreover, provisions of both the Acts are pari-materia applicable so far it relates to assessment and payment of compensation. Arbitration Case No.226 of 2000 was started on the said application in whi......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..Category: Property Law | Date: | Hits: 37
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....il Revision No. 4274 of 1994 making the Rule absolute. 2. The plaintiff instituted Title Suit No. 179 of 1990 in the Court of Assistant Judge, Additional Court No.1, Khulna for a decree for partition stating, inter alia, that the land of the said jote belonged to Ismail Sk. Hashem Sk. Jo......ndant was that file they were possessing their .45 decimals of land the plaintiff claimed a portion of it and in order to maintain their possession as such their mother purchased a portion of it on payment of some money as they are minor at that time and obtained a patta on 29.03.1940 and that th......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..Category: Property Law | Date: | Hits: 26
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
.... For ready reference let us reproduce below Sub Sections (1) and (2) of Section 115 of the Code of Civil Procedure:- "115. Revision.- (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has be......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ..Category: Limitation Law | Date: | Hits: 171
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