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Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....espondents Judgment April 27, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to read the plaint in its entirety&h......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to read the plaint in its entirety……………….(11) Lawyers Involved:..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....iscellaneous Case were filed stating, inter alia, that by the 2 separate kabalas of June 25, 1988 the heirs of Khan Bahadur Aman Ali without serving notice to the co-sharer have sold the land of the aforesaid R.S. Khatian to the pre-emptees and fact of purchase was first disclosed to the pre-emptor'......nd Tenancy Act same could be given as it was proved that the pre-emptor is entitle to seek pre-emption and to get the relief prayed for in the Miscellaneous Case and it was not necessary to apply for amendment or a change of description in the cause title. 8. The pre-emptees as against the judgment......Tenancy Act, but the same was rejected on the finding that the application so filed was neither verified, nor supported by affidavit and as such cannot be considered a petition for amendment of plaint of Miscellaneous case. 12. Leave was granted to consider the submissions that High Court Div..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....rol or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant In......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......e of the offence alleged against the petitioners". 6. Leave was granted to consider the submissions that there was no inordinate delay in prosecuting, the accused persons and that there was no complaint of prejudice of any kind and, as such, the High Court Division was in error in quashing the p..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....Act, 1872 (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......t, in default none of the parties would be allowed to file application seeking examination of disputed signature by handwriting expert and also directing the defendant No. 1 to pay Taka 3,000 to the plaintiff as a condition precedent of allowing the defendant's prayer for examination of the dispute..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....hers.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ....... Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....hellip;..(6) Order XXVI, rule 12. Report of the Advocate Commissioner itself without examining the commissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission report then the same is evidence. Lawyers ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......nt and decree dated M‑2‑1990 passed by the learned Subordinate Judge (now Joint District Judge) Kushtia in Title Suit No. 3 of 1985. 2. Short facts are that the petitioner as plaintiff instituted Title suit No. 3 of 1985 in the Court of Subordinate Judge (now Joint District ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
.... February 11, 2004. The Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e Rule obtained against the judgment and order dated July 5, 1995 of the Court of Senior, Assistant Judge, Sadar Comilla, in Small Cause Court Suit‑No.6 of 1992 dismissing the same. 2. The plaintiff filed the aforesaid Small Cause Court Suit seeking ejectment of the defendant‑respondent..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... rule "ei incumbit probatio quit dicet non que negat" the burden of proving a fact rests upon the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportab...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....section 403 of the Penal Code and section 5(2) of the Prevention of Corruption Act, II of 1947 by which the respondent was convicted by the Tribunal and was sentenced to suffer rigorous imprisonment for one year separately under both the sections and to pay a fine of Taka 1000/on both counts, in de......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
.... read with section 374 Cr.P.C. has been made by the Judge (District & Sessions Judge) of Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nari‑o‑Shishu Nirjatan Daman Tribunal) Comilla for confirmation of death sentence awarded to the condemned prisoner Bahar Mia by judgment and order......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ...... Section 190 of the said Code empowers any Metropolitan Magistrate, District Magistrate or Thana Magistrate or any other Magistrate specially empowered to take cognizance of any offence upon (a) a complaint (b) a police report in writing (c) information received from any person other than a police o..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....he deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6-4-1993 is null and void." 2. The suit was filed seeking a decree for permanent injunction against the defendant Nos. 1-5 restraining them from leasing out the land d......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ...... Md. Ruhul Amin J: The plaintiff-petitioner has filed this petition seeking review of the judgment dated August 18, 2003 pa..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... Writ Petition No.5448 of 2002, with 4571 of 2003, 811 of 2003, 3951 of 2002, with 4832 of 2002. Judgment Tariq-ul Hakim J.-All these Rules concern common questions of law and are, therefore, being disposed of by this single judgment. 2. In all these Writ Petitions the petitioners......Provided that this provision shall not affect a licence already issued for any ward;’’ Our findings and observations as stated above remains unchanged and unaffected by the aforesaid amendment. 24. All the Rules in writ Petition Nos.5448 of 2002, 4571 of 2003, 811 of 2003, 3951...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....eal No. 43 of 1998 after obtaining leave from this Court on 28th November, 2001. 2. The respondent Dr. Md. Tofajjel Hossain filed a case under section 4 of the Administrative Tribunal Act, 1980 before the Administrative Tribunal, Dhaka on 28.9.1997 for setting aside an order dated 8.7.1997 of th......se of the respondent who filed the case before the Administrative Tribunal. 4. Mr. Mahmudul Islam, the learned Senior Counsel appeared on behalf of the respondent. He has also submitted that the amendment having been made on 19.11.1997 is not applicable as the respondent filed the case before A......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....isions of order 21 rule 29 of the code of civil procedure can not be availed of by the petitioners. The High Court Division as well as the assistant judge were quite correct in rejecting the prayer for stay……………………….(6) Lawye......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......cution Case. The Execution case was filed pursuant to final decree dated 31‑8‑1998 passed in a suit for partition Title Suit No. 8 of 1959 (Title Suit No. 28 of 1987). 2. The plaintiff‑petitioners have filed the Title Suit No. 96 of 1997 seeking declaration that the de..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....R (Metropolitan Non-General Register) Case No.273 of 2003 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that Officer‑in‑Charge of Boalia Police ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......4 of 1992 against one Abdur Razzak, and another Md. Altaf Hossain Shah, father of 2nd party petitioner Gauhar Jamil Palash, in respect of 1975 Shahasrangsa of land as described in schedule Kha of the plaint of the said suit. It was further alleged in the plaint of the said suit that 1st party opposi..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....ed by the High Court Division in First Appeal Nos, 13 of 1991 and 79 of 1991. 2. The present appellant Amir Hossain filed Title Suit No. 7 of 1986 against the respondent Md. Amir Ali and others for a decree for specific performance of contract and the respondent Amir Ali filed Title Suit No. 6......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......misrepresentation has no basis. Mr. Khandker Mahbubuddin Ahmed, after taking us through the deposition of D.W.1, the defendant and also the written statement filed in Title Suit No. 7 of 1986 and the plaint filed in Title Suit No. 112 of 1988 has submitted that there was no allegation of any fraudul..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
.... Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Proforma-Defendant-Respondent No.5. ......ted to be represented by General manager and misdescription, if any, could not make Plaintiff out of court and the substance and not the form of suit was required to be gone into by learned Judge and amendment sought by Plaintiff in this respect was refused by learned Judge and dismissal of suit on ......and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment dated August 16, 1998 followed by a decree dismissing plaintiffs suit for a declaration of title and, also, for a decree of permanent injunction Plaintiff..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....tle Execution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and costs. 2. This appeal arose out of the suit for a decree of a bill of Taka 1,37,68,309,47 filed on the averments, inter alia, that the appella......0 filed by the appellant against order No. 12 dated 23‑11‑1999 passed by the Court of Subordinate Judge and Commercial Court No. 2, Dhaka in Title Execution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and ......cordingly, started construction and also received payment. Ultimately, the respondent submitted a bill of Taka 1,37,66,309.47 which was disputed by the appellant. Thereafter, the respondent as plaintiff filed Title Suit No. 1316 of 1992 in the Court of Subordinate Judge and Commercial Court..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registra......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......me in part. (The suit initially was registered as Title Suit No. 92 of 1993 in tile 1st Court of Assistant Judge, Dhaka and the same was transferred to the High Court Division oil a petition of the plaintiff filed under Article 110 of the Constitution). 2. Plaintiff, a registered Co&..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....itions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the s......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......nt. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the suit premises is required by the plaintiff-Bank for installing a branch at the suit premises………….(15) ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
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