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Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)

....he High Court Division observed: “We have also gone through the certified copy of the plaint and it appears that in para 15 of the plaint, the plaintiff has shown several dates of causes of action of the present suit and the last one being dated 6-8-90. The objection......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …&hellip..

Category: Property Law | Date: | Hits: 52

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....ng two separate leave petitions. 2. The pre-emptor’s case, in short, is that, she became the owner and co-sharer of the land of SA Khatian No. 179 of Plot No. 991 by two Kabala deeds dated 12-2-58 and 1-6-76. One Shekhar Chandra Banarjee, a co-sharer of the case holding, sold out ......dra Banarjee, a co-sharer of the case holding, sold out 0.03 acres of land in favour of stranger purchasers, namely, Sree Manik Lal Somaddar and Parimal Chandra Somadder by kabala dated 6-2-89. No notice of the said sale was served upon the Pre-emptor and she having come to know of the sale on 2...... instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner (In both the petitions). Not represented —the Respondents (In both the petitions). Civil Petition for Leave to Appeal No. 578 of 1994 with Civil Petition for Leave to Appeal No. 579..

Category: Property Law | Date: | Hits: 51

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

....ition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the explanation offered, is from the judgment and order dated 17-7-95 passed by a Division Bench of the High Court Division in Writ Petition No. 1436 of 19...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... Judgment July 13, 1997. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 2(b) The court of settlement is not a court for determining the title of the rival claimants, it is for determination whether the case property..

Category: Property Law | Date: | Hits: 58

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

....; or any other trade mark nearer or resembling the trade mark of the plaintiff- respondent which is “ORSALINE” till disposal of the suit. 2. Against the said judgment and order dated 14-11-95 the defendant-petitioners preferred FMA No.24 of 1996 and a learned Single Judge of ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......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..

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

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

.... Md Nurul Huq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Respondents. Civil petition for Leave to Appeal No. 581 of 1995. (From the judgment and order dated 20-8-95 passed by the High Court Division in Civil Revision No. 409 of 1992). Judgment ......f 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 may be dispensed with. ……………….(...... 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..

Category: Tenancy Law | Date: | Hits: 78

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....2), 9 & 13(b) The Oath of Office (Union Parishads) Rules, 1983, Rule 2 The failure of the Chairman and the Members to take oath will be inferred only when the Deputy Commissioner fixes a date of taking oath within 30 days of Gazette Notification of the result and the Chairman or Members......istered beyond 30 days from the date of publication of the names of respondent Nos.5-14 in the Official Gazette. Repelling that contention, the High Court Division discharged the Rule Nisi as already noticed. 3. Mr. S S Halder, learned Advocate for the petitioner relying upon sections 6(2), 9 a......Hossain, Advocate-on-Record — For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record—For the Respondent No. 5. Respondent Nos. 1-4 and 6-14— Not represented. Civil Petition for Leave to Appeal No. 158 of 1994. (From the judgment and order dated 9-3-94 passed by the Hi..

Category: Election Law | Date: | Hits: 110

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....kram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record— For Respondent Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (Rangpu......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......d. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recover..

Category: Property Law | Date: | Hits: 83

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

....ossain, Advocate-on-Record— For the Petitioner. Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 121 of 1998. (From the Judgment and order dated 19 November 1997 passed by the High Court Division in Civil Order No. 4167 of 1997). Judgm...... 51(2) of the Order and that consequently the High Court Division has acted illegally in rejecting the revisional application. 9. For appreciation of the points urged before us it is necessary to notice the relevant provisions of articles 50, 51(2) and 58(a). Article 50 provides as under: �......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..

Category: Election Law | Date: | Hits: 168

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

....e respondent Janata Bank for recovery of taka 33,86,214.99 in the Court of Subordinate Judge and Artha Rin Adalat No.1 Dhaka. The petitioners filed written statement on 21-3-96 and shortly before the date of final hearing (22-4-97) defendant No.4 filled application on 11-3-1997 for leave to deliver ......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..

Category: Civil Law | Date: | Hits: 137

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....t and order 19-8-1996 passed by a learned Single Judge High Court Division in Civil Order No. 265 of 1996 rejecting summarily the petitioner’s revisional application against the judgment and decree dated 13-11-95, passed by the learned Subordinate judge, 3rd Court Barisal in Title Appeal No. 143 o...... she had been possessing the same, which are now being possessed by the plaintiffs. On 8-9-93 the vested Property Authority at the instance of some interested persons of the locality illegally issued notice upon the plaintiffs claiming 1.53 acre out of the suit land as Vested Property and accordingl...... valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, canno..

Category: Property Law | Date: | Hits: 73

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

....ate instructed by ANM Manjurul Hassan, Advocate- on-Record— For the Respondent No.1. Not represented—Respondent Nos. 2 and 3. Civil Appeal No. 29 of 1995. (From the judgment and order dated 23 February 1995 by the Administrative Appellate Tribunal passed in Appeal Nos. 58 of 1990 and......uiry Board to enquire into the charges. The enquiry ended in a report finding respondent No.1 guilty of the charges leveled against nine counts out of eleven. On 24 December 1987, a second show cause notice was issued to him. The reply not being satisfactory respondent No.3, by his order dated 23 Fe......��….. 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..

Category: Administrative Law | Date: | Hits: 145

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

....n Civil Appeal Nos. 59 of 1995). Ozair Farooq, Advocate-on-Record—For the Respondents (In Civil Appeal Nos. 59 of 1995). Civil Appeal Nos. 56 to 59 of 1995. (From the judgment and order dated August 30, 1995 passed by the High Court Division, Dhaka in Writ Petition Nos.1582, 1583, 1584......e in village Durga Daulatpur P.O. Deotibazr PS Begumganj. District Noakhali and that he had no intention of ever returning the children to her to custody. 7. On 10-5-95 she received a copy of the notice of divorce dated 9-5-1995 issued by respondent No. 1 under section 7 of the Muslim Family Law......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 ..

Category: Family Law | Date: | Hits: 250

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

...., Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Not represented—Respondent Nos. 2-4. Civil Appeal No. 38 of 1996. (From the Judgment and order dated 23-2-95 passed by the High Court Division in civil revision No.577 of 1987). Judgment L......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ...... 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..

Category: Property Law | Date: | Hits: 86

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

.... The Limitation Act, 1908 (IX of 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitat...... 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..

Category: Procedural Law | Date: | Hits: 154

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

.... Judgment June 26, 1997. Result: All the appeals are dismissed. The leave petitions are dismissed. The Constitution of Bangladesh, 1972, Article 55 (4) and 133 (i) Notifications dated 10.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders......y an order of the President so that the Members of the Committees and the candidates are equally bound by them. The fact that the candidates were aware of the guidelines is almost like saying that no notice of a suit need be served upon the defendants since they are aware of the suit. The guidelines......……………Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secre..

Category: Constitutional Law | Date: | Hits: 185

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....d by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal Petition for Leave to Appeal No. 201 of 1995 (From the Judgment and Order dated 4-5-95 passed by the High Court Division is Criminal Revision No. 203 of 1991). Judgment ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ...... Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal Petition for Leave to Appeal No. 201 of 1995 (From the Judgment and Order dated 4-5-95 passed by the High..

Category: Procedural Law | Date: | Hits: 120

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

....uddin Chaklader, Advocate-on-Record— For Respondent No. 4. Not Represented—Respondent Nos. 1-3, 5-10. Civil Petition for Leave to Appeal No. 392 of 1997 (From the judgment and order dated February 5, 1997 passed by the High Court Division, Dhaka in FMA No. 15 of 1996). Judgment......tiff, by an order of the same day i.e. 14-11-95, directed the principal defendant Nos. 1-5 to furnish security or bank guarantee for the amount claimed in the suit within 7 days of the receipt of the notice or to show cause why, they would not furnish such security or bank guarantee. 6. It appe......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..

Category: Procedural Law | Date: | Hits: 134

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

....hority as a witness with a prayer for issuance of summons to it. Another prayer was also made for local inspection. Both the prayers were heard together and the learned Subordinate Judge, by an order dated 28 October 1996, rejected the same. Being aggrieved defendant No. 3 moved the High Court with ......ocal inspection. He has, however, urged that the petitioner a right to summon a witness to produce document under Order 16, rule I of the Code of Civil Procedure but the High Court Division failed to notice the same and thus committed an error of law in refusing to entertain the revisional applicati......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..

Category: Property Law | Date: | Hits: 82

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....� For Respondent No.1. B Hossain Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 2. Civil Appeal No. 96 of 1994. (From judgment and order dated 12 January, 1993 passed by the High Court Division in Writ Petition No. 310 of 1990.) Judg......allegation under the provisions of the Government Servants (Discipline and Appeal) Rules, 1985, briefly, the Rules of 1985. The enquiry officer submitted his report on 30-11-89, the second show cause notice was served upon the respondent on 11-12-89 and then he was ultimately dismissed by the Direct......78 under the Bangladesh Shilpakala Academy Act, 1974 (No. XXXI of 1974) which has since been repealed and substituted by the Bangladesh Shilpakala Academy Act, 1989 (Act No. XXII of 1989) which is in force. On 18-5-79 the respondent tendered his resignation in protest against certain misdeed of the ..

Category: Employment/Service Law | Date: | Hits: 145

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

.... Mvi. Md Wahidullah, Advocate-on-Record—For Respondent No. 4. Ex-parte—Respondent Nos. 1-3, 5-9. Civil Appeal No.13 of 1999. (From the judgment and order dated 3-8-1999 passed by the High Court Division in Admiralty Suit No.48 of 1996). Judg......ls for the aforesaid goods supplied by him from the defendants who in spite of promises did not pay the same. After coming to learn that the vessel may leave Bangladesh at any time plaintiff issued a notice on 2-12-1996 demanding immediate payment of the dues with 20% interest but defendants paid no......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..

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

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