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Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....he plaintiff. The agrounding of the vessel did not create any obstruction to the movement of the plaintiff’s vessel to his yard as there are wide spaces in the coast or offshore. The alleged claim of the plaintiff is false, malicious and frivolous and they are the creation of the enemies o......994 (From the Judgment and Order dated 26-1-94 passed by the High Court Division in First Appeal No. 215 of 1990) Judgment: Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a co...... investment in the said partnership business. Accordingly, his profit in that partnership business came down to Taka .15 lakh. The trial Court relied upon the Order Sheet dated 5-6-84 in the said money suit (Ext. 11), the photocopy of the Order Sheets dated 19-6-84 and 23-6-84 in that suit (Ext...Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....ner of the disputed building. Md. Nasim never possessed the disputed building as he had no ‘interest therein, Respondent No. 1 fraudulently obtained the sale deed from the said Md. Nasim and claimed the disputed building as his own. As the whereabouts of the original owner Md. Yahiya were ......heir. Md. Nasim was a national and permanent resident of Bangladesh and he used to possess the disputed building. Md. Nasim contracted to sell the disputed building on 18-1-72 to respondent No. 1 for a consideration of Taka 8,000.00 and after receiving the entire consideration money sold the di......o possess the disputed building. Md. Nasim contracted to sell the disputed building on 18-1-72 to respondent No. 1 for a consideration of Taka 8,000.00 and after receiving the entire consideration money sold the disputed building to respondent No. 1 by executing a registered deed of sale on 10-9..Category: Property Law | Date: | Hits: 89
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....omise were to the effect that the defendants would pay to the first plaintiff. Ministry of Defence a sum of US. $ 2.4 million (US $ 24,00,000) in full and final settlement of the plaintiffs’ claim, that the payment would be made by transfer into a certain specified account of Bangladesh Ba......h Naval Frigate BNS Osman and caused extensive damage thereto. On 14 August 1991 Ministry of Defence of the Government of Bangladesh and Commodore Commanding BN flotilla as plaintiffs brought the aforementioned suit against the vessel, her master, agents and others for recovery of US Dollar 23,9......iffs’ claim, that the payment would be made by transfer into a certain specified account of Bangladesh Bank, whereupon Bangladesh Bank would furnish written confirmation of the receipt of the money of the Attorney General, and that the ship would be entitled to be released and allowed to l..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
.... Gazipur. Admittedly, the said holding originally belonged to Shakir Mahmud and Zakir Mahmud. The plaintiffs who are respondent Nos. 1-5 filed the suit for declaration of title and partition. They claim 2.971/2 acres out of the disputed land by way of inheritance. 3. The contesting defend...... Md. Seyed Ziaul Karim, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 190 of 1997 (From the judgment and order dated 26 January, 1997 pass......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......Judgment July 4th, 1996 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent. Criminal Petition for Leave to Appeal No. 54 of 1996. (From the Judgment and order dated 20 November 1995 passed b......thing in law precluding a criminal case on account of a civil suit pending against the petitioners on the same facts. The criminal case stands for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is al..Category: Anti-Corruption Laws | Date: | Hits: 75
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....roperty on the basis of her title being Title Suit No. 35 of 1985 which, however, she was obliged to withdraw. The plaintiff could never come into possession of the property. Hence the suit. While claiming damage, compensation and mesne profit she herself gave out in the plaint that the suit bui......First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara Begum as plaintiff brought the same against the appellants, Government of Bangladesh and Additional Deputy Commissioner (Rev) Dhaka for realization of a sum of Taka 83,61,000.00 (Taka eighty three lacs and sixty one thousand) for ......n the said land; the image of the buildings for willful non-repairing, non white-washing and hazardous use and occupation by the persons inducted by the defendants in the Houses, if assessed with money value would come to Taka 20,00.00 since the plaintiff is to demolish the same after recove..Category: Property Law | Date: | Hits: 72
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....f Pay which will determine the appellant’s entitlement to counting his previous service for the purpose of determining his seniority, because he cannot under the new dispensation refer to or claim any right arising from the National Grade and Scale of Pay introduced on 1-7-73 which “......ber 8th, 1996. Cases Referred to- Chairman, T&T Board vs. Mostafizur Rahman (Civil Appeal Nos. 158 and 159 of 1979) and AFM Badiur Rahman vs. Shamsuzzaman and ors. (Civil petition for Leave to Appeal No 255 of 1991). Lawyers Involved: Abdur Rab Choudhury, Advocate ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......dvocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Aftab Hossain Advocate-on-Record-For the Respondent No. 2 Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 166 of 1996. (From the Judgment and order dated 13-8-96 passed by the Hi......tion in taking cognizance of the case. 3. Under section 23 of the Immigration Ordinance, 1982 it is an offence to demand or receive or attempt to receive, for himself or for any other person, any money or other valuable thing, if the person is not a recruiting agent, punishable with imprisonment..Category: Criminal Law | Date: | Hits: 149
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....aintiffs in favour of the defendant on 31 May 1977 and subsequently registered as kabala No. 1382 of 1978 be declared as fraudulent, void and not sustainable in law.” 4. The defendant denied the claim of the plaintiffs in a written statement. His plea was as follows. The defendant and one Ashra...... and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala b......ion of the consideration. In fact, he made no payment of the consideration. Therefore the kabala remained with the plaintiffs. After the conclusion of the requisition case the plaintiffs demanded the money from the defendant but he did not pay the same and, on the other hand, wrongfully occupied the..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....subsequent darbar for extension of time was not justified inasmuch as if the demand for reconveyance within the stipulated time was not proved, no amount of darbar could bring back the plaintiffs claim for reconveyance to life. Thus I am of the opinion that the plaintiffs suit was barred inasm......rise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in ......esponding to 1 June 1957 and on the same day the defendant executed an agreement for reconveyance in favour of the plaintiff undertaking to reconvey the said land on repayment of the consideration money by the month of Magh 1365 BS. Some time afterwards the plaintiff executed and registered anot..Category: Property Law | Date: | Hits: 60
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......sed Non-Government High School under the Board of Intermediate and Secondary Education, Rajshahi. Respondent Nos. 1-9 as teachers and respondent Nos. 10-11 as daphtaries of the said school moved the aforesaid writ petition. Their case is that the school was completely damaged in 1980 due to flood. I......ed 22-9-86. The grievances of writ petitioners are, because of the aforesaid anomalies they are not getting their salaries as respondent No. 2 instructed the concerned bank not to allow withdrawal of money against salaries and Government allowances for teachers and other employees of the school and ..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......IuI Huq and another 26 DLR 247. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 249 of 1996 (From the judgment and order dated 4 April 1996 passed b......mber 1974 Hemendra Narayan entered into a contract for sale of the land in suit to the plaintiff for a consideration of Taka 9000.00 and executed a bainapatra on receipt of Taka 7700.00 as earnest money. It was stipulated that the kabala would be executed within one year from the date of the agr..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....wner of the said land and that the construction of the house could not have been completed because of financial difficulties. Defendant No. 1 also approached the said Ministry with an application, claiming that she had purchased the land from Md. Ismail under a registered kabala dated 13 May 19......nd measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. Th......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... mentioned suits for specific performance of the contracts for failure of defendant No. 2 to execute and register the kabalas in time. 6. The learned Munsif disbelieved the plaintiff’s claim and dismissed the suit finding that the plaintiff failed to establish that the purchases in r......ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2...... on payment of the entire consideration. Similarly, he purchased schedules 2-5 lands from different persons by the kabalas dated 10 September 1956, 5 November 1956 and 9 September 1957 with his own money. He took delivery of all the original kabalas from the Sub registry and kept them in his cus..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... Haroon-or-Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed b......ded that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortgagor, as the unexpired period bears to the total period for which the m..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....y the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that 15 acres o......der dated 15-2-86, affirmed by the judgment and orders dated 24-8-89 passed by the Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating,......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ...... Petitioner. Abdus Samad, Advocate, instructed by Md, Nawab Ali, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 p......aid and other Bash Mahals for 1997, the petitioner submitted an offer for the said Bash Mehal (Surma Charra) quoting Taka 2, 63, 39,722.50 and depositing advance of Taka 5,26,795.00 being 2% of bid money and became the highest bidder among six bidders. After opening of the bids the matter was ref..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....n the 8th Baishak 1398 BS the appellant in presence of witnesses refused to repay the same. On 15-12-91 the charge under section 406 of the Penal Code was framed against him. He denied the charge and claimed to be innocent. Subsequently, he did not appear in Court and the trial was held in absentia ......and sentence passed by the Thana Magistrate, Tarali, in CR Case No. 95 (1)92 convicting the appellant under section 406 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for one year. 2. Relevant facts for the purpose of the disposal of the appeal briefly be na......t nor the same have been proved during trial and as such the appellant’s conviction under section 406 of the Penal Code has caused serious miscarriage of justice. Mr. Islam further submits that the money alleged to have been received by the appellant from the complainant as loan upon execution of ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....to hand over possession of the same to defendant No. 2 giving rise to the cause of action for suit. 3. Defendant No. 2 contested the suit denying the allegations of the plaintiff. She claimed title of the suit land to herself. According to her the suit land belonged to her mother, M......8 March 1980 passed by the Subordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defen......endant No. 1 Hemanta Kumar Arang being the owner in possession of the said land entered into a contract with him for sale of the same for a consideration of Taka 45,000 and on receipt of an earnest money of Taka 4000.00 executed a bainapatra on 15 January, 1953 stipulating that he would execute ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... question, not a very difficult one, has been answered correctly. 2. The appellant as plaintiff instituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-respondent. The suit was decreed on 13-6-89 for a......From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-secti......ave is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Division h..Category: Family Law | Date: | Hits: 144
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