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Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 1......f litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. 3 was filed by the owner of the property seeking a declaration that the cancellation of the agreement of sale is valid and binding, whereas Title Suit ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
.... Rokanuddin Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-Record —For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record —For Respondents. Civil Petition for Leave to Appeal No.1703 of 2010. (From the judgment and order dated 21.01.2010 passed by th......the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 executed by the defendant No.12 in favour of..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
.... decree passed, that cannot be executed and no Court can pass a decree which is unexecutable. 3rd party petitioner has to be added as necessary party 3rd party petitioner has two legal arms for addition of party, one, implead by inheritance and another by way of added as party in the insta......or the petitioner on the ground that statement upon which petitioners wanted to be added as party if allowed will convert the suit form specific performance of a contract to a suit for declaration of title, which is not permissible in law as the Appellate Division of the Hon'ble S..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001 making the Rule absolute. 2. The respondents herein as writ-petitioners filed the said writ petition before the High Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the R......irection to implement the Government decision to declare the petitioners as Second Class Gazetted Officers, the High Court Division erred in law in travelling beyond the terms of the Rules making the declaration that they (writ petitioners) are 2nd Class Gazetted Officers since their appointment und..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
.... Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and sentenced......pellants complicity or that they tried to develop illicit relation with her. 16. The Tribunal took the statement of the victim Anita Rani, recorded while she was in hospital, Exhibit-5, as dying declaration observing that though the victim denied that she made such statement at the trial, her..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....Judge, now Joint District Judge and Artha Rin Adalat, Sylhet in Title Suit No.43 of 1999, decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.43 of 1999 (re-numbered) before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along with others ......s plaintiffs instituted Title Suit No.43 of 1999 (re-numbered) before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along with others as defendants seeking a decree for declaration of title and for a further declaration that three kabalas one dated 18-11-1974 execu..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ation (1) The doctrine of legitimate expectation may arise where the decision of administrative authority affect a person either by altering rights or obligations of that person which are enforceable by or against him in private law or by depriving him of some benefit which he has in th......e decision of the case of Dr. Ashok Kumar Maheshwari Vs. State of UP reported in AIR 1998 SC 966 wherein it was observed that promissory estoppel cannot be invoked for enforcement of a promise or declaration which is contrary to law or outside the authority or power of the Government or person ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
.... upon the defendant/opposite party. In such cases, the second clause of Order IX, 5 rule 13 of the Code "or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing" shall not be attracted,…………………(14 & 15) When the pre-emptor fai......he petitioner submits that the High Court Division erred in law in failing to consider that the process server, who was examined by the petitioner in support of due service of summons, having made declaration in support of his due service of summons the entire onus lied upon the respondents to p..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....Appeal No.160 of 2003 reversing the judgment and decree dated 30-3-2003 and 16-4-2003 respectively passed by Joint District Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petit......al No.160 of 2003 reversing the judgment and decree dated 30-3-2003 and 16-4-2003 respectively passed by Joint District Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petitione..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....hishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that re......d. Rustom Ali as plaintiff instituted that suit against respondent No.2 Shewly Akhter, her brother-in law Golam Mostofa and Mowlana Mufti Md. Osmani, the Marriage Register of Dumni Kazi Office, for a declaration that the registered “kabinnama” dated 11.2.2004 showing marriage between appellant N..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....titioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- record-For Respondent No.2 Not represented-For Respondent Nos.1 & 3-11. Civil Petition for Leave to Appeal No.1239 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a s...... Respondent No.2 Not represented-For Respondent Nos.1 & 3-11. Civil Petition for Leave to Appeal No.1239 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a suit for declaration of title, confirmation of possession and perpetual injunction moves this petition again..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings ......in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of O..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by th...... High Court Division it appears that the plaintiffs-petitioners miserably failed to explain the delay of 5791 clays i.e. more than fifteen years. 9. The plaintiffs-petitioners filed the suit for declaration of title and recovery of possession of the suit land or in the alternative for part..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
.... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery......quo;and/or pass such other or further order or orders as this Court may deem fit and proper”, in no way, gives a Court jurisdiction to give relief to a party or to hold something or to make any declaration or to make observations and recommendations beyond the Rule issuing order; such a langua..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....ck except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements made in......orem court fees…….. (20) Consequential Relief Consequently relief means a substantial and immediate remedy in accordance with the title which the Court has been asked for declaration….. (21) Cases Referred to- Dudu Mia Vs. Ekram Mia Chowdhury, 54 DLR (AD..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....stant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 decreeing the suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession......it No.8 of 1997 decreeing the suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that t..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal before the person designated or authority within 30(thirty) days. In the instant case no one went to t......ict appellant submits that after change of the Government in 2001, the present appellant was illegally removed from his service by RAJUK. Thereafter, the appellant filed Title Suit No.271 of 2004 for declaration with regard that the removal of the appellant was illegal. That on 6-8-2007 the said sui..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....ecree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; এতএব বাদী নিম্নমতে প্রার্থ......pondent. 10. Mr. Omar Foruq submitted that the suit itself is not maintainable in its present form. He further submitted that by filing the instant suit, the plaintiff has virtually sought for a declaration for making the force of the Appellate Division's judgment inoperative. He furth..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....arch 20, 2011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the H......ted 22.07.2004 passed by the Senior Assistant Judge, Feni in Title Suit No.06 of 1998 decreeing the suit. 2. The present petitioners as plaintiffs filed above mentioned Title Suit No.06 of 1998 for declaration of their title and confirmation of possession in schedule "Kha" land and for declarati..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Chunnu Vs. State, 2011, 40 CLC (HCD)
....ash;For the State in both the Appeals [Jail Appeal No.1293 of 2004] Criminal Appeal No. 4714 of 2004 with Jail Appeal No. 1293 of 2004. Judgment Sheikh Hassan Arif J. - Since both the aforesaid appeals have been preferred against the same judgment, they are taken together for hea...... Procedure, 1898; Section 164(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the participation and role played by the A..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
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