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Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......dge (now Joint District Judge), Dhaka, impleading Ful Mehar Bibi and thirteen others as the defendants. The suit was subsequently renumbered as Partition suit No. 113 of 1991 on transfer. The Suit land originally belonged to Sheikh Nazimuddin and Abdus Salam, sons of late Raizuddin in equal shar......lowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......s that Ful Meher Bibi was married more than forty years back and since then she had been residing at her husband's house. But the plaintiff respondents fraudulently obtained the ex parte decree in question showing service of summons upon her by hanging at her paternal house instead of serving it..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....ipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from planting any plant in the suit land and/or from in any way disturbing possession of the plaintiffs in the suit land stating, inter alia, that on 04.05.1949 the Bhawal Cou......iled Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from planting any plant in the suit land and/or from in any way disturbing possession of ......der as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......not get a decree for permanent injunction and the further submission that the High Court Division ought to have held that a simple suit for permanent injunction is not maintainable when complicated question of title is involved and the plaintiffs have failed to prove their lawful possession. 6...Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......td..........Appellant Vs. Chairman, Labour Court, Khulna and another……....Respondents Judgment April 19, 1998. Lawyers Involved: Aftab Hossain, Advocate-on-Record - For the Appellant. Faruque Ahmed, Advocate-on-Record - For respond......able of doing service and that he had been illegally discharged from service without giving him any opportunity of showing cause before taking the impugned action. 6. The appellant called in question the said judgment of the Labour Court in the aforesaid writ petition under Article 102 (2)..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ...... Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellants. Md. Aftab Hossa......s uncalled for as there was no such prayer in the suit nor could it be allowed otherwise in the absence of any finding that the respondent was not in any gainful employment during the period in question. Mr. Awlad Ali, learned Advocate, who entered Caveat for the plaintiff-respondent, could ..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....er of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took possession of the same. While in possession of the suit property as a lessee under the Waqf Estate Nawab Khawja Habibullah Bahadur in....... 122 of 1993 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. The short fact leading to this appeal is that defendant No. 3 ......rit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n and use of the suit land after lawful termination vide exhibit 3 but we have already found that the suit has been rightly dismissed by the High Court Division and when the same has been dismissed question of giving compensation does not arise. 17. Having given our anxious consideration of the..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents Judgment July 1, 19...... was made by the competent authority as contemplated in regulation 28 of the Janata Bank Employees Service Regulations, 1981, hereinafter referred to as the Service Regulations. 2. The question arises in this way Respondent No. 1 who was promoted to the rank of Senior Principal Offic..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....f 1969 for specific performance of contract for the suit property snowing defendant No.2 as heir of Sarna Kumari and on the basis of the said bainapatra got an ex parte decree. The plaintiff was in possession of the suit properties through tenants and title of the plaintiff - Government to the p......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......pellate Division (Civil) Present: Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bang......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....he High Court Division made the Rule absolute by a common Judgment and order dated 9.7.1993 holding in so far as writ petition No. 648 of 1987 is concerned that the Government was not found in possession of the building in question and that inclusion of the same in 'ka' list was unautho......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. .........Respondent (In Appeal No. 132 of 1997) Showkat Jong Hasmi............Respondent (In Appeal No. 133 of 1997) Judgment June 10, 1999. Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant (In both the Appeals). Not represented –the...... Rule absolute by a common Judgment and order dated 9.7.1993 holding in so far as writ petition No. 648 of 1987 is concerned that the Government was not found in possession of the building in question and that inclusion of the same in 'ka' list was unauthorized and that in so far as th..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408....... evidence has been over looked by the High Court Division and in that view Dr. Rafiqur Rahman, the learned Counsel for the respondent tenant finds it difficult to deny the bonafide requirement of the landlady. Therefore, both these grounds namely, default and bonafide requirement the plaintiff could......suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......thority for the purpose and as such the plaintiff also could prove bonafide requirement of the premises for the purpose rebuilding. Mr. Mahmudul Islam submits that on both these counts that is on the question of default in payment of monthly rent and bonafide requirement the High Court Division misc..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......d to consider the submissions of the learned Counsel for appellants that the allegations made in the Writ Petition having been denied by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Cour..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Chairman, B.R.T.C. ....................Appellant (In all the appeals) Vs. Nooruddin & Ors. ..................Respondents (In Civil Appeal No. 65 of 1997) Abdul Aziz.......... 1586 and 1587 of 1994 respectively making Rules Nisi absolute. The main judgment was passed in Writ Petition No. 1587 of 1984 out of which arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this common judgm..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....ing interests held under any wakf, debutter or other religious trusts, had been acquired under sub-section (I) of section 3 of the Act, but the provincial Government had not exercised the right of possession over such interest the mutawallis, shebaits or trustees, as the case may be, holding suc......d Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of different kinds comprising two wakf estates, one wakf lillah created by the great grand fa...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury....... 27-D of 1965. After art analogous hearing of this appeal along with other similar matters the Supreme Court dismissed the appeal on 26 February 1968 holding that the vesting of the properties in question in the Government either under notifications issued under chapter II, or under Chapter V, ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......ge Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. Lawyers Involved: Abdul Wahab, Advocate instructed by Miah Abdul Gafur, Advocate-on-Record - For the Appellants. Sharifuddin Chaklad......in Banlgadesh Bank Sadarghat Branch, Dhaka in the account of the aforesaid money suit, Defendant No. 1 on 30.9.96 filed an application before the trial court praying for transmitting the decree in question to the High Court Division and accordingly corrected the decree was send back to the ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......ove. In these background it is seen that the respondent hurriedly hastened again to impound the passport imposing restriction on free movement of the appellant from Bangladesh for his treatment in England and to re-enter Bangladesh after such treatment in violation of his fundamental right as guar......(2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......n to the detriment to his health. Secondly, as the Writ Petition was filed under Article 102(1) and (2) (a) (i) read with Article 44 of the Constitution for enforcement of his fundamental right the question of alternative remedy does not arise. In this regard he also submitted that where the passp..Category: Constitutional Law | Date: | Hits: 208
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ate appearing on behalf of the appellant submits that the said deed of Heba was created for the purpose to defeat the claim of pre-emption and the Heba deed was never acted upon inasmuch as no possession was handed over to the respondent No. 1. The learned Advocate further submits that sinc......oner filed an application under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. 1 opposed the said petition by filing a written objection. The appellant ...... Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....f the aforesaid case was served upon them. They came to know about the agreement, suit and sale of the disputed land on 29.3.1983 for the first time and the pre-emptee appellant in the meantime got possession of the land and structure from Syed Amzad Hossain, the attorney holder. The pre-em......mptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney failed t......owed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....d June 30, 1980 of the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit N...... the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No. 616 of 1969 of ......here is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......hrough the dakhilas. The courts of fact held that the dakhilas so filed were not proved by the competent, independent and disinterested witness. This aspect of the case reasonable leads one to question the genuineness of the soleh decree obtained in Title suit No. 616 of 1969 or in other wor..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
.... facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the appellants and made over possession of the land and that in 1989 the aforesaid respondents filed an application before the R......Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the......tant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......n 115(1) of Code of Civil Procedure. The High Court Division observed, inter alia,".......................a plaint cannot be rejected under this rule on an objection involving complicated question of facts and law. To strike out plaint at this stage, on any ground, as incompetent or fru..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
.... not parties to the said partition suit but their lands were included in the suit property which was sought to be partitioned, that the respondent (plaintiff of that suit) got no title or possession at all but his claim as to title by settlement was totally false, that he acted in collu......e plaint. Respondent, defendant No.1, Shamsuddin (died since then and has been duly substituted) had filed the previous suit T.S. No.21 of 1965, claiming partition of his 8-annas share in the suit land against defendant Nos. 2 and 4 of the present suit who were principal defendants, Nos.1 t......s Case is also Reported in: 37 DLR (AD) (1985) 216. ......dgment and decree dated 18-11-82 passed by the High Court Division, Jessore Bench in S.A. No. 213 of l973.) Judgment Shahabuddin Ahmed J.—In this appeal by the plaintiffs the. question is whether the decree obtained by, them in their suit for setting .aside the decree of a p..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....d from plot No. 329 and thereby became co-sharers of Sarala Bala Pal. Area of land in Plot No. 332 was 7 decimals, but about one decimal of land was covered up by a public road. While going to take possession they found 9 decimals of land out of 6 decimals of Plot No.332 had already been sold to ...... application of law. 2. Respondents, Pre-emptors filed two proceedings, Miscellaneous Cases Nos. 250 of 1974 and 12 of 1975 in the Court of Munsif, Brahmanbaria, claiming pre-emption of two lands which were sold by two kabalas, one dated 18 December 1973 (Ext. A4) and the other dated 19 ......o Reported in: 37 DLR (AD) (1985) 212. ......ersy between the contending parties was whether the disputed jama was actually separated by an order of a competent revenue authority as claimed by the pre-emptee. Without determining this central question the pre-emption case cannot be disposed of properly. …………&helli..Category: Property Law | Date: | Hits: 35
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