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Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....f by the following one judgment. 2. The trial Court decreed both the suits in part but the lower appellate Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of t......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......rd together and, as such, those are being disposed of by the following one judgment. 2. The trial Court decreed both the suits in part but the lower appellate Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the othe..Category: Procedural Law | Date: | Hits: 129
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....estion the legality and propriety of the judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite p......on the legality and propriety of the judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite party......nd propriety of the judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite party No.1 as plaintif..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......in our jurisdiction is a basic feature of the Constitution and in view of the decision in Anwar Hossain Chowdhuy's case 1989 BLD (Spl)1 = 41 DLR (AD) 165, it cannot be taken away or curtailed even by amendment of the Constitution. 41. Under Article 102 of our Constitution except for an appl......chwartz and Wade commented in "Legal Control of Government" (1972) edition) at 291: "Restrictive rules about standing are in general inimical to a healthy system of administrative law. If a plaintiff with a good case is turned away, merely because he is not sufficiently affected personally..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....he appellant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/- under the East Pakistan Municipal Taxation Rules, 1960 for the year 1970-71 and on the basis of the valuation assessed quarterly tax at Rs.12,786/- for the......two heads together with the tax on land and building and urban properly tax could exceed the allowable 17% of the annual valuation of the holding and (4) and whether it is correct to say that the amendment of the definition of Tax by omitting the word 'rate' from section 3(1)(42) of the Municipa......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....ord—For the Petitioner. Ferozur Rahman, Advocate, instructed by Advocate-on-Record—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of 2009. (From the judgment and order dated 19.04.2009 passed by the ......he enquiry by her servant, she came to know that in her return she wrongly stated 3.06 acres of land in Plot No.544 instead of the suit plot. Hamida Khatun filed a petition to the Revenue Officer for amendment and on 16.10.1979, Miscellaneous Case No. XIII of 1979-80 was started and the notices were......passed by the learned Senior Assistant Judge, Dinajpur Sadar, Dinajpur in Title Suit No.137 of 1986 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the plaintiffs filed the suit against the Government for declaration of their title to the suit land. Th..Category: Property Law | Date: | Hits: 93
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....aka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shi......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shilpa Bank as complainant, filed a complaint petitioner before the Court of Chief Metropolitan Magistrate, Dhaka against the accused petit..Category: Criminal Law | Date: | Hits: 113
....s giving rise to the proceeding are as follows:
The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years of age on 31.1.73. He applied for leave preparatory to retirement in December, 1972 and while he was awaiting for the result of th......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256........ He was granted leave preparatory to retirement on 30.1.73 for six months. The learned Assistant Attorney General contended that proceeding was initiated by the Board after having received some complaints against the appellant some time in December, 1972 and actually a notice was served on 12.1.7..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....espondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play for governing the relationship between the petitioner and the respondents in the absence of any ru......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
....Petitions)—For the Respondents-RAJUK.
Writ Petitions No. 8065 of 2006 & 4116 of 2007.
Judgment
Md. Imman Ali J. - Both these Writ Petitions concern a piece of land, which was acquired for the purpose of development of residential areas by RAJUK in LA Case No.138/61-62. In Writ Petiti......Haider and Faizunnessa Waqf Estate, challenged the action of RAJUK, respondent No.1 evicting the members of the petitioner’s association from the schedule land. Subsequently, by an application an amendment was sought to be made in order to challenge the legality of the LA Case No.138/61-62 on th......After 1950, when the State Acquisition and Tenancy Act came into being, the property was taken over by the government and that was challenged in the civil Court. The suit was decreed in favour of the plaintiffs claiming the land of the Waqf Estate. The matter went on appeal to the High Court and, th..
Category: Property Law | Date: | Hits: 106
Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)
.... Leave is granted. Lawyers Involved: Faruque Ahmed, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.917 of 2009. (From the judgment and order dated 20.11.2008 passed by the H....../- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......appeal has been directed against the judgment and order dated 20.11.2008 passed by the High Court Division in Civil Revision No.3043 of 2005 making the rule absolute. 2. The present petitioner, as plaintiff, instituted Title Suit No.35 of 2002 in the court of Senior Assistant Judge, Naogaon see..Category: Procedural Law | Date: | Hits: 81
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....2 discharging the petitioners from charge should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. After issuance of the rule the informant Arup Ratan Mandal filed an application for adding him as opposite party No.2 in this case. A......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......able to be quashed. 9. The learned Advocate Mr. M.A. Muntakim, assisting the state representing the informant, mainly submits that sub-section (3) of section 10 of the Ain refers to a report or complaint to be filed by the police and not to an F.I.R. to be lodged by the aggrieved person. He next ..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....4 returning the plaint shall not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted the suit praying for the following decrees mentioned in the plaint as follows: a) Pass a decree against the defend...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......ssed by the District Judge, Dhaka in Civil Revision No.4 of 2008 affirming the Order dated 6.11.2007 passed by the Senior Assistant Judge, Second Court, Dhaka in Title Suit No.2 of 2004 returning the plaint shall not be set aside and or pass such other or further order or orders as to this Court may..Category: Property Law | Date: | Hits: 85
....ipur in Title Suit No.48 of 1986 should not be set aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. This matter appears in the cause list for hearing with the name of the learned Advocate for the petitioner. When the matter is taken up fo......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......petitioner. When the matter is taken up for hearing no one appears on behalf of the petitioner.
3. The facts of the case relevant for the disposal of the Rule, in brief, are that the petitioner as plaintiff instituted the original Title Suit No.48 of 1986 in the second Court of Munsif, Dhaka for ..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....ass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Title Suit No.296 of 1994 before the Senior Assistant Judge, Sadar, Noakhali stating that within District Noakhali under Sudhara......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ...... and order dated 30.4.2002 passed by the learned Joint District Judge and Artha Rin Adalat, Noakhali in Title Appeal No.143 of 1997.) Judgment Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite party to show cause as to why the impugne..Category: Civil Law | Date: | Hits: 103
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
.... Md. Asaduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the ......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......Court Division in Civil Revision No.4014 of 2008. 2. The relevant facts necessary for disposal of this civil petition for leave to appeal, in short, are as follows:- On 22.11.1993 the present plaintiff-respondents filed Title Suit No.66 of 1993 in the Court of the Subordinate Judge, Habigonj..Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
.... Quiyum, Senior Advocate instructed by Haridas Paul, Advocate-on-Record—For Respondent No.4 (In both the cases). Respondent Nos.1-3, 5-33 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos. 797-798 of 2010. (From the judgment and order dated 23.11.2009 passed by......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......single judgment both the Civil Petitions for leave to Appeal will be disposed of. 2. Relevant facts necessary for disposal of these civil petitions are as follows: The respondent Nos.1 to 3, as plaintiffs, instituted Title Suit No.192 of 2000 in the Court of Senior Assistant Judge, Gazipur for..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....y the Order No.24 dated 28.9.2003 passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed T...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......ourt, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh Bank Ltd. as plaintiff filed Title Suit No.27 of 1995 in the Court of learned Joint District Judge and Artha Rin ..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....ecord—For the Petitioners. N. K. Saha, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 1-7. Respondent Nos. 8-25 —Not represented. Civil Petition for Leave to Appeal No. 223 of 2009. (From the judgment and order dated 01.12.2008 passed by the ......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......n-interest of respondent Nos.1-6 and respondent No.7 instituted Title Suit No.85 of 2002 for partition on declaration of title claiming a saham for 1.45 acres of land described in the schedule to the plaint. The plaintiff’s case, in short, is that the suit land originally belonged to Abdul Kader S..Category: Property Law | Date: | Hits: 80
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. Facts necessary for the purpose of disposal of this Rule are as follows‑ The present Petitioner Meher Negar on ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......tioned in the section itself. Moreover, section 6 of the Ordinance lays down the procedure to be followed in filing a suit before the Family Court and it also includes the provision for returning the plaint for presentation in the Court to which it should have been presented. Section 22 provides for..Category: Family Law | Date: | Hits: 215
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....ion No. 2834 of 1993. Judgment Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be ......re which has been worded as follows: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be as may be necessary for the purpose of determining the real question in controve......J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of plaintiffs title in the suit holding can be allowed by amending the plaint under Order 6 rule 17 of ..Category: Property Law | Date: | Hits: 151
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