Judgment search - Chancery Law Chronicles

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Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

....taking into consideration, any prima facie findings or observations made in the interlocutory orders. 8. Khandker Mahbubuddin Ahmed submits next that the plaintiff-respondent having claimed a certain amount as monetary compensation in the suit the Courts below committed an error o......rade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time of hearing of such matters and upon satisfaction of the Court that the......s have passed by since the suit was filed. If the plaintiff is found entitled to compensation at the rate asked for it will reach an astronomical amount and therefore it is poor defence to say that money relief will be adequate for plaintiff. If the Courts are prima facie satisfied that there ha..

Category: Intellectual Property Law | Date: | Hits: 242

Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)

.... in SCC Suit No. 1 of 1988, decreeing the suit for ejectment of a monthly tenant. 2. Plaintiff Sufia Akhter Alam (since deceased) filed the suit for ejectment of defendant No.1 from the suit shop claiming that defendant No. 1, was a defaulter. Her case is that, her mother Rijia Khatun was the ow...... November 16, 1995. The Transfer of Property Act, 1882 (IV of 1882), Section 106 The tenant defendant’s denial of the landlord plaintiff’s title without any valid reason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer of Property Act ma......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..

Category: Tenancy Law | Date: | Hits: 78

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......�…….(4) Lawyers Involved: Abdul Malek Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 92 of 1996. Judgment Bimalendu Bikash Roy Choudhury J.- In a case ......and thereby committed the offence hereinabove. 3. It is contended by the learned Counsel for the petitioner that the signatures of the Petitioner in Ext.3 series as token of acknowledgment of the money from Nurur Rahman Khan were not examined by any handwriting expert and therefore the High Cour..

Category: Criminal Law | Date: | Hits: 95

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....he Returning Officer and the Assistant Returning Officers were impleaded in the election petition in contravention of the provisions of article 50 of the Order. The other ground was that, the reliefs claimed in the election petition were also not in accordance with article 51 (2) of the Order. 5......tion of People Order, 1972, Art. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the elec......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..

Category: Election Law | Date: | Hits: 168

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....nd was born on the 12th August, 1915 according to the horoscope maintained by the traditional Marma Customs. Respondent No.1 has four brothers and not three. His two elder brothers did not submit any claim for the Bohmong Chiefship. The appellant is a matriculate, was a State Minister during the tim......rma and did not enter into the area now known as Chittagong Hill Tracts. The fifth Governor Bohmongree Kong Hia Prue was the Chief of the Bohmong Circle of Chittagong Hill Tracts from 1727-1811. Henceforth all the Chiefs of Bohmong Circle had been living in the Hill Tracts and thereafter there were ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..

Category: Civil Law | Date: | Hits: 203

Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)

....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......��……………..(2) Lawyers Involved: Md. Abdus Sobhan, Advocate, instructed Nawab Ali, Advocate-on-Record — For Petitioners. Not represented —the Respondents. Civil Petition for Leave to Appeal No. 712 of 1997. Judgment ATM Afzal CJ. - The petitioners are defendan......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..

Category: Civil Law | Date: | Hits: 137

Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)

....ff withdraws from his suit without seeking permission to sue afresh as contemplated under rule 1(2), the plaintiff is precluded from instituting any fresh Suit in respect of the subject-matter or the claim made in the suit so withdrawn. The withdrawal of a suit by necessary implication …………....... Md. Sajjadul Huq, Advocate-on-Record — For the Petitioners. Shahab uddin Ahmad, Advocate-on-Record — For the Respondent Nos.1-5. Not Represented— Respondent Nos. 6-39. Civil Petition for Leave to Appeal No. 577 of 1995. (From the judgment and order dated 3 April, 1995 passed by t......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ..

Category: Property Law | Date: | Hits: 77

Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)

....f love and affection made an oral gift of all her movable and immovable property in favour of the plaintiff. But on the basis of wrong recording in the relevant SA record defendant Nos. 1-3 put their claim on the suit land by creating certain false documents. 3. Petitioner No.1 Md. Golam Sarwar...... 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 w......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..

Category: Property Law | Date: | Hits: 74

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......��….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service und......leque, a Fireman, for more than a year on account of his personal grudge and thus harassed a poor employee of the department. The sixth charge established is that he had spent a substantial amount of money towards contingency expenditures for purchasing fuel and maintenance of the vehicles. The seve..

Category: Administrative Law | Date: | Hits: 145

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....hat date at the Uttara PS stating that respondent No.1 had taken her passport and that the children were taken to Noakhali and that if she was given back her British passport she would have no other claim against the respondent. 11. Respondent No.1 alleged that his (former) wife had totally dis......bdul Jalil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....material allegations of the plaint. Defendant No.4 was added as a defendant vide Order No. 17 dated 16-6-76. Defendant No. 4 denied the plaint case of agreement of sale dated 15-11-70 and 31-3-73 and claimed to have purchased the suit land from the owners-defendants at a consideration money of Taka ...... 9 of 1985 reversing the judgment and decree dated 27-6-80 passed by the Subordinate Judge, 4th 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......try without executing and registering the kabala. They returned to the country in 1972 and got themselves rehabilitated. As the defendants were lacing economic trouble they took further consideration money of Taka 1500.00 and executed another bainapatra dated 31-3-73 and promised to execute and regi..

Category: Property Law | Date: | Hits: 86

Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)

.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......e dated 30-6-79 passed 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 considerati......and defendant No. 1 agreed to purchase the same at the highest market price and that the plaintiff went a Bheramara Sub-Registrar’s Office on her own will and that after receiving the consideration money she executed and registered the kabala. The suit is liable to be dismissed. 4. The trial C..

Category: Procedural Law | Date: | Hits: 154

Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....ly Court Case No.8 of 1991 brought by the plaintiff and respondent Monju Rani Das for her maintenance. 2. The parties to the suit both belong to the Shudra caste of Hindu community. The plaintiff claimed maintenance @ Taka 1000/-per month with effect from 1st Aswin, 1396 BS from the defendant al......n Family Appeal No.1 of 1992 reversing those dated 18 January 1992 passed by the Family Court, Saturia dismissing Family Court Case No.8 of 1991 brought by the plaintiff and respondent Monju Rani Das for her maintenance. 2. The parties to the suit both belong to the Shudra caste of Hindu communi......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..

Category: Family Law | Date: | Hits: 212

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

.... were trying to draw their bills mentioned in schedule I and that the defendants were trying to sell out their properties mentioned in schedule 2 with a view to defraud the creditors and to avoid the claim of the plaintiff. It was alleged that if the defendant sold out their properties and drew the ......ay 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy it...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..

Category: Procedural Law | Date: | Hits: 134

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....said forged Hiba Deed; that thereafter respondent No. 1 came to the complainant and expressing regrets obtained her signature on blank papers for filing solenama in TS 427 of 1989 relinquishing their claim in Senapara Parbata land upon the assurance that the solenama will be filed through Advocate M......laintiff 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......at at this stage respondent No. 1 Mr. Khawja Abdul Gani who is also cousin (Fufata Bhai) unsolicitingly came and offered to help her; that she went to Agrani Bank respondent No. 1 for withdrawing the money but bank authority asked them to obtain a decree establishing her right to the money following..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......e & 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 n......ly rental of Taka 300.00 and that he subsequently entered into an agreement with him for sale thereof at a consideration of Taka 55,501.00 out of which Taka 50,001.00 had already been paid as earnest money. 2. Defendant No. 3, on the other hand, pleads that Kunja Lal left another son named Ranger..

Category: Property Law | Date: | Hits: 82

Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)

....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 plaintiffs claim that defendant No. 1 who needed money for purchase of land at mouza Bangola in order to shift ......sideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been proved. When the trial court gave cogent reasons of its decision, it was obligatory for the Appellate court to meet the same to hold a contrary view. Therefore, the High Court Division...... 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 plaintiffs claim that defendant No. 1 who needed money for purchase of land at mouza Bangola in order to shift his homestead there from proposed to s..

Category: Property Law | Date: | Hits: 88

Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)

....ed 90% of their compensation and only 10% remains to be paid. The Ministry of Land has never issued any order for release of the land of the petitioners. Consequently, the petitioners cannot lawfully claim for release of the land in question. 4. Mr. Abdur Razzaq, learned Advocate appearing for th......Bangladesh, 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 petiti......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..

Category: Property Law | Date: | Hits: 81

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

....possession have been threatening the plaintiffs with dispossession from the suit land. 4. Out of the several defendants, defendant Nos. 2, 3 and 5 who are respondent Nos. 1-3 have denied the said claim in a joint written statement. According to them Abbas Miji was survived by two sons, one Abdul...... learned Single Judge of the said Court, making the Rule 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......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..

Category: Property Law | Date: | Hits: 83

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

.... the plaintiff. So the plaintiff was compelled to file the suit for realisation of the amount mentioned hereinbefore. 3. Defendant No.6, the local agent of defendant No.1 against whom no claim was made in the suit, contested the suit by filing a written statement stating, inter alia, th......l by leave is at the instance of the plaintiff against judgment dated 3-8-1998 passed by the Admiralty Court in Admiralty Suit No. 48 of 1996 dismissing the suit. 2. Plaintiff filed the aforesaid suit for recovery of damages and compensation of US $ 22,631.80 equivalent to Taka 9,50,535......urisdiction the High Court Division was wrong in dismissing the suit.” “That the High Court Division having itself noted the oral evidence of DWI that ‘DW l has stated that the money that was deposited with the bank was furnished by the owner of the vessel” and there bei..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

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