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Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... 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. ...... 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. ......Case is also Reported in: II ADC (2005) 334. ......1983 for default. He was then again directed to vacate the quarter. He then filed Title Suit No. 445 of 1984 and obtained an order of temporary injunction from being evicted from the quarter in question which was also subsequently dismissed. On 10-9-1985 he was again asked to show cau..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedul......dgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession a......ccordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......ned the claim except .2909 acre of land consumed for the road. Once the land is acquired it vests in the government through the requiring body and it does not matter whether it is used or not and the question of abandonment is unknown to the Emergency Requisition of Property Act, 1948 under which th..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
.... Beki beel and Feni beel are situated within Kionshorgonj District. He got lease of all those beels for 3 years from 1401 to 1403 B.S. Due to certain litigations the Government could not hand over possession of all the beels to him for the said lease period and thereby he faced great loss. In th......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. ......Appellants Vs. Jahangir Alam and others..............Respondents Judgment November 18, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney -General, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Appellants Md. Nawab Ali, ......the learned Judges of the High Court Division failed to notice that the plaintiff's lease of the suit fisheries had already expired on the 30 Chaitra 1403 B. S. and thereby there could be no question of continuation of his lease or restraining the defendants from accepting tender for ..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....lishing Noakhali District Head Quarters, but later on the plan was changed and the Government did not take over physical possession of the said land. The plaintiffs' predecessors had continued in possession of the suit land till it was sold to the plaintiffs. 3. Defendant No. 1 by filing a wr......e, Begumgonj Upazila who decreed the suit and declared that the temporary lease granted to defendant No. 1 (respondent No. 1 herein) by the Government in respect of 10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plai....... of Bangladesh and ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment December 6, 1998. Lawyers Involved: Mahbubey Alam, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the petitioner Sharifuddin Chaklader,......ed the suit alleging, inter alia, that the Government had acquired the suit land. The plaintiffs being in possession are entitled to obtain lease in preference to anybody else. As such the lease in question granted to defendant no. 1 by the Government is illegal and not binding upon the plaintiffs..Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... 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. ...... 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. ......ellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. Cases Referred to- Jagannath Prosad Singh Chowdhury vs. Surajmul Jalal AIR 1927(PC) 1; Jaigobind Singh Vs. Lachmi Narain Ram AIR 1940 (......spondents Civil Appeal No. 53 of 1991 (From the Judgment and Order dated 1-4-90 passed by the High Court Division in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the i..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... 15 Chaitra, 1355 B.S. made settlement of their 1/3 share to the plaintiff at a rental of Rs. 1/- by granting dakila by Haripada as the Karta of the Hindu joint family and inducted the plaintiff into possession therein. Plaintiff demanded partition by metes and bounds but the defendant denied partit......eal No. 265 of 1983 and affirming thereby the judgment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the suit land originally belonged to 3 b...... Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record - For the Appellant Kazi Shahadat Hossain, Advocate, instructe......oduced before the High Court Division was prepared long after the settlement of the suit land in favour of the plaintiff and that Gopalgonj Pourashave was established in 1972 where as the dakhilas in question (Ext. 1) were granted in favour of the plaintiff as far back as in 1948 when registration o..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....ng inter alia that she, having obtained a decree in Title Suit No. 808 of 1985 from the Court of 2nd Sub-Ordinate Judge, (Now Joint District Judge) Dhaka, declaring her title and for recovery of khas possession of the properties as described in the schedule of the plaint, filed Execution Case No. 28......ion convicted the appellant No. 1 on two grounds: first being that earlier on 16.2.1991 the executing court asked the appellant No. 1 for deployment of police force so that the possession of the suit land could be handed over to the respondent No. 1 in execution of the decree but in spite of the abo......llants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... 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...Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....dy within the meaning of Article 98 of the Constitution. In our view as the remedy of appeal provided in sub-section (2) of section 32 is conditioned by the fact that the appellant has to make over possession before filing the appeal, it is not an adequate remedy within the meaning of Article 98. ......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... p. 592; Collector of Customs, Chittagong Vs. A Hannan, 42 DLR (AD) 167; M/s. Mohammad Brothers Vs. The Collector of Customs 16 BLD (AD) 83; Zahirul Islam Vs. National Bank Ltd. 46 (DLR) (AD) 191; Nagina Silk Mills Ltd. Vs. Income Tax Officer 15 DLR (SC) 181. Lawyers Involved: S. M. Zillul H......the constraint upon the appellant to vacate his office of Mutawalli. 5. In the Cases of Nuruaazman Chowdhury (supra) a Division Bench of the Dhaka High Court had the occasion to consider the same question as here in a similar situation. Sattar J (as he then was) speaking for the court answered i..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... plaintiff's suit as it stands after the partial amendment is a suit for declaration of title and partition. A decree for declaration of title could not be given unless the plaintiff's found to be in possession or in suit for declaration of title and partition that the plaintiff's entitled to a ......ge, Cox’s Bazar. The Suit for permanent injunction is essentially a suit for possession upon a finding of possession of the plaintiff, no matter what is the nature or character of title to the suit land. In the instant case, plaintiff's suit for declaration of title and partition would surly be no......cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......; 9. An amendment may be allowed at any stage of the proceeding to alter or amend the pleading in such manner and on such terms as may be just and necessary for the purpose of determining the real question in controversy between the parties. The trial Court disallowed part of the prayer for amend..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....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. ......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. ...... This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......appropriated goods. (iii) That the High Court Division acted wrongly in finding fault with the authority for not verifying the disputed signature of the respondent in the indent in question vis-a-vis the evidence of the six witnesses before the domestic enquiry committee. ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....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. ......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. ......ssees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ey General has also contended that the compromise is collusive and that by a compromise between the parties the Court's decree cannot be set aside. In view of the broad fact that the compromise in question in this case is not binding upon the Government the contentions as to Court's jurisdi..Category: Property Law | Date: | Hits: 32
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman…………..........ng the suit contended in its written statement that no dacoity was committed in the TCB's godown in the night following 8-11-81 and that the plaintiff had misappropriated the DANO milk food in question. The I.O. having inspected the place of occurrence came to the finding that there was no ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......tafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswas & ors........Respondents Judgment July 22, 1998. Lawyers Involv...... adjournment of the hearing of the same. 8. It appears that during the transitional period of setting up Benches of the High Court Division outside the capital the case record of the Rule in question was transmitted once from Dhaka to Rangpur and then from Rangpur to Dhaka but no notice of..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....ohatullah was survived by his two sons Mohammad Ali and Harop Ali and one daughter zelaton. Accordingly they became the owners of the disputed land by way of inheritance and have been in possession of the same. Zelaton's name was not recorded in the S.A. Khatian as she used to live wit......in the court of Assistant Judge, Kazipur within the district of Sirajganj. 2. The plaintiff brought the suit against several defendants to have his title declared in respect of certain land measuring 2.59 acres fully described in the schedule to the plaint. This land originally belon............................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Akram Hossain Amin,......ld the decision of the trial court. 6. The unsuccessful defendants thereafter moved the High Court Division with a revisional application marked as Civil Revision No. 8110 of 1991 calling in question the propriety of the decision of the appellate court. After hearing the parties a learned..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....n the Court of Senior Assistant Judge, Keranigonj for permanent injunction against the present respondents as defendants so as to prevent the said defendants from creating any obstacle in the possession of the plaintiffs in the aforesaid plot No. 759 comprising an area of 27 decimals and Pl......udge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule property" including plot No. 759 bearing an area of .35 arces in Mouza M...... ATM Afazal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ......................s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......ule under the schedule 'ka of the plaint is null and void and not binding upon him. Her case was that the suit property originally belonged to Ali Amjad and Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predecessor of others who sol......aid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......ng been affirmed by the High Court Division in Civil Order No. 2840 of 1993 passed by the High Court Division on 27-6-1993 and as such defendant respondent was barred under law to agitate the same question by filing a second application for rejection of plaint under Order 7 Rule 11 of the Code&n..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different pleas and died leaving behind the defendant......High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......dered the point fro another angle and held that as no notice was served upon the defendants after restoration of the Misc. Case filed under Order 9, Rule 4 of the Code of Civil Procedure, the question of delay did not arise. 7. Dr. Ahmed Ali, who appeared on behalf of the plaintiff r..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... of the suit land in the S.A. Khatian obtained mutation order in his name vide Miscellaneous Case No. 828 of 1983-84 on the basis of a fraudulent document and threatened the plaintiff with dispossession on 5.12.83. Hence the plaintiff filed the suit for the aforesaid reliefs. 4. The ......e No. 818/1983-84 and the kabala claimed in the said Miscellaneous case is, void, illegal, forged, fictitious and for permanent injunction restraining the defendant from entering into the suit land and disturbing the plaintiff's peaceful possession in the suit property contending, inte...... the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ..Category: Property Law | Date: | Hits: 37
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136....... II ADC (2005) 136.......ity under section 25 of the S.C.C. Act to reverse the dei.ree of the trial Court upon the finding that the plaintiff could not prove his case of due service of notice of termination of the tenancy in question. 8. The trial Court on consideration of both oral and documentary evidence decreed the s..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....m served notice under section 106 of the Transfer of property Act. 3. Respondent contested the suit by filing written statement stating that the appellant on receipt of Tk. 3,00,000/- as value for possession the two shop rooms leased out by the agreement fixing the monthly rental at Tk. 700/-. It......nt submits that the order of remand by the High Court Division has occasioned failure of justice as a long drawn process would be necessary to get the final decree to the prejudice of the appellant-landlord. He further submits that the respondent-tenants having had admitted deposit of rents for th......s. Ed. This Case is also Reported in: II ADC (2005) 134. ......fault and decree was made on both the courts, and whether the High Court Division fell in error to rebind the suit on the face of admission by the respondent that he deposited rents for the months in question on 24.3.1991 and whether the High Court Division acted illegally in raising the question re..Category: Tenancy Law | Date: | Hits: 172
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