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....f Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litig......rial court and against the judgment and decree, the plaintiffs filed Title Appeal No.20 of 1988 and in the said appeal, an order of remand was passed with a direction to settle the title by necessary amendment against which the present defendant No.3 filed Civil Revision No.1780 of 1990 and this cou......it has been found that the ultimate result of the suit is as clear as day light, such a suit should be properly buried at its inception, so that no further time is lost in a fruitless litigation. The plaintiff cannot be allowed to reopen the same matter afresh after losing upto the High Court Divisi..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....cated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......t Judge, Kashba, Brahmanbaria, in Title Suit No.28 of 2004 dismissing the suit, should not be set aside. 2. The opposite party Nos. 1. Kulsum Banu Bibi, 2. Tara Barm Bibi and 3. Md. Abdur Rahim as plaintiffs instituted the Title Suit No.52 of 1991 in the Court of the learned Senior Assistant Judg..Category: Property Law | Date: | Hits: 112
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 2. Short facts leading to this Rule are that on 03-07-2002, the opposite party as plaintiff instituted Family Suit No.19 of 2002 in the Family Court of Basail, impleading the petitioner as defendant for dower and maintenance total for Tk. 2,70,000/-. 3. The plaintiff's case, put in a nutshell ar...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ...... 31-05-2003 passed by the learned Judge of the Family Court, Basail, decreeing Family Suit No.10 of 2002, in part. 2. Short facts leading to this Rule are that on 03-07-2002, the opposite party as plaintiff instituted Family Suit No.19 of 2002 in the Family Court of Basail, impleading the petitio..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....on 3 of the Arbitration Act, 2001, it is apparent that the intenÂtion of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 a......he purpose stated in the preamble of the said Act. The paramount question raised in the instant application is whether the provision of secÂtion 7ka as inserted in the said Act of 2001 in 2004 by an amendment is applicable to foreign arbitraÂtions. On perusal of the said provision of law it appear......ted in foreign country the suit was filed and thereÂupon the defendants filed an application under section 10 of the Arbitration Act, 2001 for stayÂing the proceedings of the suit and to direct the plaintiff to refer the matter to the Arbitration. The application so filed under section 10 of the A..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....eral meetings may, by ordinary resolution, ratify what has been done. In those circumstances the Court will not allow a minority shareholder to bring an action perusing a matter which it is competent for the majority to approve on behalf of the company..............................................(8......ing for the petitioner, having placed the appliÂcation, submits that the aforesaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful a...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....dgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......f the Judgment and decree dated 14-4-1991 (decree signed on 4-5-1991) passed by the learned Subordinate Judge and Artha Rin Adalat No.3, Dhaka, in Title Suit No.177 of 1999 dismissing the suit of the plaintiff. 2. The facts of the case, in brief, are that the National Bank Ltd., Dilkusha Branch, ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
.... Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional sense as in the case of a ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......se daughters, being defendant Nos.1 and 3, were given in marriage and they used to live at different villages with their respective husÂbands. The other daughter Defendant No.2 and her husband being plaintiff's mother and father respecÂtively and plaintiff himself live at the house of Soleman Ness..Category: Property Law | Date: | Hits: 139
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....scribed sentence to him on the basis of his plea of guilty under the Ain………………………..(11 & 13) There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detainÂing an accused in poli...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......he basis of his plea of guilty under the Ain………………………..(11 & 13) There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detainÂing an accused in police custody at the Police Stat..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....g to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, impleading the opposite parties as defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, colluÂsive,......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......uld not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, imp..Category: Procedural Law | Date: | Hits: 114
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....uce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delivery of the judgment and decree if the suit is sent back on remand to the trial Court for fresh trial giving chance to the defendant to adduce evidence it will give him an indulgence to ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce documentary evidence. Without doing so..Category: Procedural Law | Date: | Hits: 99
....te Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business of manufacture of soaps and chemicals. Th..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....ct. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......…………Respondents Judgment February 12, 2008. Result: The Rule is discharged. The right of appeal is a vested right. Such right cannot be said to be taken away only by subsequent amendment except by express enactment or necessary intendment. Exercise of such right of appeal cann......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......ite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land…………â€..Category: Civil Law | Date: | Hits: 94
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....e by adverse possession as title by adverse possesÂsion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….â......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......s and confined during the time necessary to create a bar under a statute of limitations and it must be adequate in continuity, publicity and extent………………..(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got title by adverse pos..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....(HCD) (1986) 1. ......rs had been able to escape the trial and, therefore, this Court should direct trial of the accused in the interest of justice or at least make some observation as to the necessity of making furÂther amendment in the law authorising the superior Court to interfere in its inherent jurisdiction in cas......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
....f 1984 in First Court of the then Munsif, Dhaka impleading Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No.1107 dated 30.10.1984 issued by Sub-Divisional ......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......isional Engineer, P.W.D. Tejgaon Industrial Area, Tejgaon, Dhaka, First opposite party of Civil Revision Case directing Plaintiff to hand over possession of Suit property mentioned in schedule to the plaint, within seven days from the date of receipt of notice to Authorities is illegal, inoperative,..
Category: Property Law | Date: | Hits: 82
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
.... the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Sui......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......rtition Suit In a Partition Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....e or any other order passed as this Court may deem fit and proper. 2. Pending hearing of the Rule, further proceeding of the above mentioned Sessions Case was also stayed. 3. The relevant facts for necessary purpose of disposal of the Rule are that the opposite party No. 1, Mir Iftekharuddin, ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......oner. Thereafter, legal notice was issued on 24-8-2006 which was received by the accused-petitioner on 27-8-2006. Since demand for payment of the money was not met, the complainant had to file the complaint case on 14-9- 2006. The trial Court after taking cognizance in the matter, proceeded with the..Category: Procedural Law | Date: | Hits: 128
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....o. 10 of 1999 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioners as plaintiffs filed Title Suit No. 10 of 1999 for declaration of title in respect of 8 decimals of land upon declaration of the kabala dated 18-4-......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......Assistant Judge, Bhederganj in Title Suit No. 10 of 1999 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioners as plaintiffs filed Title Suit No. 10 of 1999 for declaration of title in respect of 8 decimals of land..Category: Administrative Law | Date: | Hits: 452
....there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Naray......eported in the Daily Samokal on 15-2-2008 (Annexure-P).
5. During the course of hearing the petitioners filed several affidavits with the view to amending the petition. Essentially the gist of the amendments is that while LA Case No. 90/1965-66 was pending, LA Case No. 5/1972-73 was started for t......he civil Court are pending. In particular, reference has been made to Title Suit No. 809 of 2008 in the supplementary affidavit of respondent No. 5 dated 8-4- 2008. It is specifically stated that the plaint of the said title suit has been rejected under Order VII, rule 11 of the Code of Civil Proced..
Category: Property Law | Date: | Hits: 121
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