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Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....e petitioner No.1 that he would not file any case for pre-emption, a shalish was held and in that shalish the pre-emptor executed an 'Angikarnama' in favour of pre-emptee petitioner no.1 and also assured that he would not file any case for pre-emption. The pre-emptor knew about the transfer ......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......t of learned joint District judge, Kurigram for hearing and disposal. Accordingly the said miscellaneous Appeal was heard and the learned appellate court affirmed the judgment and order of the trial court by its judgment and order dated 12.10.2002. Thereafter the pre-emptee petitioner No.1 ......Case is also Reported in: VI ADC (2009) 312. ..Category: Property Law | Date: | Hits: 33
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....t-appellant) seeks leave to appeal against the judgment and order dated 25-07-2007 passed in Civil Revision No. 1837 of 2003 by the learned Single Judge of the High Court Division making the Rule absolute by setting aside the judgment and decree dated 30-11-2002 passed in Title Appeal No. 251 of......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......red on receiving the consideration money and now the plaintiff cannot pray for a cancellation of the registered kabala deed and thus the suit is liable to be dismissed. 4. The trial Court on consideration of the materials on record decreed the suit by judgment and decree dat......ip;…………………….Respondents Judgment March 20, 2008. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. ..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... Bimalendu Bikash Roy Chodhury J.- This appeal by leave arises out of the judgment and order dated 6 January 1992 passed by a Single Bench of the High Court Division, Dhaka making the Rule absolute in Civil Revision No. 268 of 1989 and thereby reversing the judgment and decree dated 1...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......s void and not binding on the plaintiffs. 5. Being aggrieved the contesting defendants preferred Title Appeal No. 14 of 1987. The appellate court while reversing the decree of the trial court did not even advert to the aforesaid reasoning of the trial court; nor did it discuss a...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ......Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....tion was not an abandoned property was squarely upon the claimant and the government had no obligation to disclose the basis of treating the property as an abandoned property. Leave was also granted to consider whether the High Court Division fell into an error in holding that the prop......h oral and documentary, may make such decision as it deems fit. In the instant case, the Court of settlement made inquiry to ascertain genuineness of the deeds of agreement. The Court of settlement called for the relevant file of Housing and Settlement Department and found that the signature of ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- ..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
.....................(9) Lawyers Involved: Syed Mahmood Hossain, Advocate appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. In person- the Respondent. Civil Appeal No. 50 of 1996. (From the Judgment and Order dated June 1,19......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......ing herself as P.W.I and the defendant examined 6 witnesses including himself as D.W. 1. After the close of recording evidence a kabinnama, marked V was produced on behalf of the plaintiff. 5. The trial Court on consideration of the evidence held that the plaintiff could not prove the talk, solem...... appeared with the leave of the Court) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. In person- the Respondent. Civil Appeal No. 50 of 1996. (From the Judgment and Order dated June 1,1995 passed by the High Court Division in Civil Revision No. 1471 of 1994). ..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....etting aside the order dated 6.4.97 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The re......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......ery much alive and has been residing abroad at present and that her son as her legally constituted attorney has been conducting the aforesaid Misc. Case. 3. Hearing both the parties the trial judge by an order dated 6.4.97 allowed the plaintiffs prayer for personal appearance of defen......, Advocate instructed by Md. Nowab Ali, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 5 of 1998. (From the Judgment and Order dated 27-7-1997 passed by the High Court Division in Civil Order No. 2929 of 1997). ..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....peal by leave by the plaintiff appellants is from the judgment and order dated 20.7.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2199 of 1993 making the rule absolute. 2. The relevant facts are that the plaintiff appellants got a contested decree of permane......ant appellants could not explain the delay, specially for the period from 1.1.92 to 8.1.92, and that they also failed to show sufficient cause preventing them from appearing in the appeal when it was called on for hearing. Being aggrieved defendant No. 4(ka) - petitioner respondent No. 1 moved the H......High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...............Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....ing out the guard placed thereat. On being directed in writing he refused to vacate the quarter. Then he was placed under suspension on October 15, 1976 and a departmental proceeding was also initiated against him for breaking office discipline. He challenged that order in Title Su...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ...... statement and denied the material allegations of the plaintiff and asserted that for violation of office discipline the plaintiff was legally removed from service. 4. The trial Court in dismissing the suit held that the plaintiff had illegally occupied the University Qu......l) Present: Mustafa Kamal J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Dhaka University represented by its Vice-Chancellor, Dhaka University, Dhaka and another..........Defendant- Appellants. Vs. Syed Md. Ismail.......................Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....appeal by leave, at the instance of the plaintiff, is directed against the judgment and order dated 10 August 1994 passed by a learned Single Judge of the High Court Division making the Rule absolute in Civil Revision No. 123 of 1988 (252/88) and thereby setting aside the order dated 13 Augu...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......tion had not been dismissed by the learned Assistant Judge but was ordered to be put up in the suit itself after restoration. The learned Advocate also submits that it was never agitated before the trial Court that Khairunnessa was survived by a daughter Jubaida Sultana and so the revisional cou...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Badruzzaman.......................,.....Appellant Vs. Begum Shamima Naz Siddique and others..............Respondents Judgment December 7, 1998. Lawyers In..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
..... Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment and order dated July 16, 2001of a Single Bench of the High Court Division in Civil Revision No. 232 of 1999 making the Rule absolute upon setting aside the judgment and decree of September 15, 1998 of the 3rd Court of Addition......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......onstructed in the said land and the same was handed over to the Agricultural Department and some portion of plot No. 685 is in occupation of the local Primary School for more than 20 years. 5. The trial Court decreed the suit in preliminary form upon declaring title of the plaintiffs in respect...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....hy;ing no subsisting right to the suit fisheries has no prima facie case for injunction. Secondly, whether the question of convenience and inconvenience for granting temporary injunction was also against the plaintiff in as much as no irreparable loss or injury would be suffered by him, whi......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......mmissioner, Netrakona most illegally invited the impugned tender. 4. After the filing of the suit the plaintiff filed an application for temporary injunction against the defendants. The trial Court initially passed an ex parte order of ad interim injunction and ultimately by its judg......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and others...........Appellants Vs. Jahangir Alam and others..............Respond..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....ficials have preferred this appeal, on leave, from the judgment and order dated 3.2.94 passed by a learned Single Judge of the High Court Division in Civil Revision No. 1588 of 1989 making the Rule absolute and setting aside thereby the judgment and decree dated 1.8.89 passed by the learned District......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......e of their alleged purchase and they had no locus standi to maintain the present suit for declaration that the temporary lease granted by the Government to defendant No. 1 is illegal. 4. The trial court decreed the suit holding, inter alia, that although the Government had acquired the suit.........Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....of the interest at the rate of 18% till realization. Section 34 of the Code of Civil Procedure provides that payment of interest is discretionary but should not be refused in the absence of proper reason and in exercising discretion it must be reasonable. The rate of interest should also be equi......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......nded excess payment the same was not accepted. The present appellant denied the claim of the plaintiff as made in the plaint. 4. After examination of both oral and documentary evidence the trial Court decreed the suit directing that the plaintiff is entitled to an amount of Tk. 6,35,24,85...... Mainur Reza Chowdhury CJ Mohmmad Fazlul Karim J Syed JR Mudassir Husain J Dhaka City Corporation ...........Appellant Vs. M/s. Abdul Kader (Pvt.) Ltd. and others....Respondents Judgment April 15, 2003. Result: The appeal is ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....87) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and till realization of the decre...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......k an appeal to the High Court Division, F.A. No. 91 of 1987, against the said decree on the ground that interest on the decretal amount pendente lite and till realization was wrongly refused by the trial Court. By the impugned judgment dated 1-4-90 a Division Bench of the High Court Division dism...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment No..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....appeal by the plaintiffs, following leave, is from the judgment and order dated 5.12.91 passed by a learned single judge of the High Court Division in Civil Revision No. 469 of 1985 making the Rule absolute and setting aside thereby the judgment and decree of affirmance dated 31.5.85 passed by the l...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274........ 5. The Trial Court decreed the suit believing the evidence of P.Ws and Ext. 1 series, the dakhilas holding, inter alia, plaintiff’s right, title, interest and possession in the suit land the trial court further held that the contesting defendant could not prove his alleged oral gift of the ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifudd..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....out supplying police force to him, handed over to him a photocopy of the memo No. Sec. 10/A-P— 1.14/ 84290 dated 21.4.1997 issued by proforma respondent No. 2 addressed to the appellant No. 1 and also the Memo dated 22.4.97 issued by the appellant No. 1 forwarding the copies of the Memo dated 21......cuting Court, then the executing Court on 24.4.97 referring to the Memo dated 22.4.97 issued by the appellant No. 1 passed an order staying further proceeding of the above execution case and also recalled the process relating thereto the proforma respondent No. 2 by issuing the aforesaid memo date...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....decree of permanent injunction in Other Suit No. 26 of 1983 of the Court of Senior Assistant Judge, Cox's Bazar void, fraudulent and not binding upon the plaintiff stating that unless the amendment sought for is allowed the suit would be rendered not maintainable and would be an stumbling block in...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......lication summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at all consider the appellant's contention ......Civil) Present: Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Shamsul Haque... .....................Appellant Vs. Salenullah and others.......Respondents Judgment January 4, 2003. Lawyers Involved: M. G. ..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....was put under suspension with effect from 20.9.90 vide ext. 2 under sub-Rule 1 of the Rule 46 of the WASA Employees Service Rules of 1990 (hereinafter referred to as "the said Rules") and so the WASA was required under sub Rule 2 of Rule 46 of the said Rules to serve the copy of the ch......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......with effect from 4.4.91. 5. Respondent then filed the above-numbered title suit for declaring the order of his dismissal from service as illegal and for other consequential reliefs. The trial court decreed the suit and the decree was affirmed by the lower Appellate Court and the High ......vil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman........................Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....nt No. 1, contested the suit; but it was decreed by the Subordinate Judge by a judgment dated 31 August 1983. By this decree the plaintiffs' lease upto 1391 B.S. was held valid and that he would also get renewal of the lease for the next three years, from 1392 to 1394 B.S. Plaintiffs' further pr......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ppeals Nos. 259 and 269 of 1983. These appeals were disposed of by the Additional District Judge, First Court, Sylhet, by a judgment and decree dated 13 December 1983. By this appellate decree, the trial Court's decree was modified to the extent that plaintiffs' lease period was restricted ......ate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant App..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....m about the occurrence whereupon they all came to the place of occurrence. On being asked by the Chief Officer the plaintiff lodged an F. I. R. with Daulatpur RS. The S.I. of Police Nazrul Islam also lodged an F.I.R. under section 409 of the Penal Code read with the Special Powers Act, 1974 impl......ng the suit as if it were an appellate authority sitting on appeal over a domestic tribunal and further substituting its own finding for that of the defendant-appellate which was wholly uncalled for and without jurisdiction. The High Court Division not having found any illegality or ir......ereof was considered by the authority to be unsatisfactory. As such the plaintiff was removed from service by order dated 26-1-83. The appeal filed by the plaintiff was dismissed. 5. At the trial the plaintiff examined 3 witnesses including himself and the defendant-appellant examin......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah..Category: Employment/Service Law | Date: | Hits: 69
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