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....apacities at different places. He was Private Secretary to the Minister of Forest, Fisheries and Live Stock from October, 1973 to 9-11-75. He also served as Private Secretary to the Minister of State for Labour and Industrial Affairs from April, 1979 to August, 1979. Thereafter he was appointed Cont......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....he Petitioner. AY Salehuzzaman, Deputy Attorney ‑ General For the Respondents. Writ Petition No. 3030 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This petitioner prays for issuance of Rule Nisi calling upon the respondents (1) Secretary, Ministry of LGRD & Co‑op......ommissioner shall dispose of the said appeal within 7 days under Rule 2(4) after giving the appellant an opportunity of being heard. From the copy of the Union Parishad Laws Manual it appears that an amendment has been made in sub‑rule (4) of Rule 2 providing a further appeal to the Divisional Com......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ..Category: Election Law | Date: | Hits: 137
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....petitioner Agrani Bank impugned the order dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur in Money Execution Case No.21 of 1993 rejecting an application for review. 2. Briefly stated, the facts are that the petitioner Bank instituted Money Suit No. 2......e provisions of the Code of Civil Procedure to make the suit ready for hearing, as for instance the issuance and service of summons after filing of the suit, the provision of substituted service, the amendment of the plaint, the provision of striking out or addition of parties under Order 1 rule 10(...... is not maintainable against an order passed by the Artha Rin Adalat, we are inclined to act under section 151 of the CPC Code and make that Rule absolute with a direction to the Adalat to return the plaint for presentation before the proper court. In the case of Islami Bank Bangladesh Limited Vs. A..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....gment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his le......n those cited cases cannot be made applicable for the simple reason that the fact of dispossession by the defendant government during the pendency of the suit has not been brought on record by way of amendment of the plaint and no evidence led as well except a feeble statement by PW 1 on re‑examin......illegal, void, malafide and of no legal effect, for permanent injunction restraining the defendants from interfering with his peaceful possession in the suit land and for further declaration that the plaintiff with his structures in the suit land was entitled to continue with his leasehold right on..Category: Property Law | Date: | Hits: 122
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....dent No.1 instituted the suit seeking declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder was given work orders for development of certain area earmarked as D-1, D-2, E-1, E-2, E-3, F-1 and F-2, Section 2, Mirpur......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......h of the High Court Division in First Appeal No.276 of 2004. 2. Respondent No.1 instituted the suit seeking declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder was given work orders for development of certain ..Category: Civil Law | Date: | Hits: 73
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
.... Rahman J.- Civil Revision No.605 of 1985 is at the instance of the plaintiff‑petitioner while Civil Revision No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a simple question fa......s a clear answer to the contention of Mr. Huq. Although a defendant was not under legal obligation to file a written statement within the prescribed period as contemplated in Order 8 rule 1(1) before amendment but after amendment it is a mandatory provision of law. On this point a reference to the c......Advocate ‑ For the Opposite Party. Civil Revision No.383 of 1985 with Civil Revision No.605 of 1985. Judgment AM Mahmudur Rahman J.- Civil Revision No.605 of 1985 is at the instance of the plaintiff‑petitioner while Civil Revision No.383 of 1985 at the instance of defendant No.88 petiti..Category: Property Law | Date: | Hits: 79
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
.... by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Zainal Abedin, Advocate-on-Record-For the Respondent No.9. Not represented-For the Respondent Nos.1-8 and 10-13. Civil Petition for Leave to Appeal No. 638 of 2009. (From the judgment and order dated 18th January, 2009 passe......le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ...... arrange alternative land in the same quantum for the opposite parties and till such arrangement is made to allow the opposite parties to remain in the suit plot. 2. The respondents hereof as the plaintiffs filed Title Suit No.199 of 1997 in the Court of Assistant Judge, 2nd Additional Court, Dh..Category: Property Law | Date: | Hits: 70
....e-on-Record-For the Petitioner.
M. A. Mannan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.8
Not Represented-For Respondent Nos.1-7.
Civil Petition for Leave to Appeal No.432 of 2009.
(From the judgment and order dated 31.7.2004 passed by the Hi......ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......81 in the Court of the Subordinate Judge, Satkhira against the petitioner and 11 others for declaration of title to the suit land and confirmation of possession therein alleging, inter alia, that the plaintiffs acquired title to the suit land on the basis of settlement from the landlord Narendra Nat..
Category: Property Law | Date: | Hits: 76
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Nahid Sultana, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos.2-15. Civil Petition for Leave to Appeal No.425 of 2009. (From the judgment and decree dated 4.11.2008 passed by the H......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ...... (From the judgment and decree dated 4.11.2008 passed by the High Court Division in Civil Revision No.2078 of 2002.) Order Surendra Kumar Sinha J. - This leave petition at the instance of the plaintiff is directed against the judgment and order dated 4th November, 2008 of a Single Bench of t..Category: Property Law | Date: | Hits: 87
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....titioners. Ajmalul Hossain, QC, Senior Advocate instructed by Monlavi Md. Wahidullah, Advocate-on-Record-For the Respondent No.1. Not represented-For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.138 of 2010. (From the judgment and order dated 14.01.2010 passed by the H......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ...... dated 14.01.2010 passed by the High Court Division in Admiralty Suit No.12 of 2009 rejecting the application for dismissing the suit being not maintainable since the cause of action as stated in the plaint does not attract the admiralty jurisdiction. 2. The respondents hereof are the plaintiffs ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....rd-For the Petitioners. M.M. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos.2-9. Civil Petition for Leave to Appeal No.2469 of 2009. (From the judgment and order dated 7.5.2009 passed by the Hi......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......in Ali, Kanchan Bibi, Hason Bibi, Asia Begum, Abdul Gafur Hawlader, the predecessor-in-interest of the petitioner Nos. 1(a) to 5(d), Ahmed Ali Talukder, Abdul Aziz Talukder and Adam Ali Talukder (the plaintiffs) instituted Title Suit No.77 of 1987 in the Court of Senior Assistant Judge, Jhalakati fo..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
.... Dhaka on 6.8.1990 in Title Appeal No.319 of 1989 whereby he affirmed the judgment and decree passed by the 1st Senior Assistant Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......t Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on the same date purporting to t..Category: Property Law | Date: | Hits: 87
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
.... in view of section 339C of the Code of Criminal Procedure. We omit the facts of the case as they are not necessary. The pertinent facts are that the learned Sessions Judge received the Sessions case for trial on 26.2.90 and by an order of the same date fixed 4.3.90 for framing charge against the ac......petitioners at least on 13.8.91 when the application was made to him for such an order. 11. The other important question of law that has arisen in course of argument of these rules is, where after amendment of section 339C of the Code of Criminal Procedure by virtue of Act 12/92 to the effect tha......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....tion the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judge, Jhenaidah in Misc. Case No.26 of 1988 arising out of Title Appeal No.84 of 1988 rejecting the prayer for restoration of the said title appeal to its file and number. 2. Facts giving rise to this Rul......ied. The sole heir of defendant No.2 was already on record as defendant No.1 and the sole heir of Defendant No.5 was substituted as defendant No. 2(ka). Thereafter, appellant filed an application for amendment of memorandum of appeal and the prayer for amendment was allowed vide order No.3 dated 25....... this Rule may briefly be put thus: Plaintiff petitioner filed Title Suit No.113 of 1983 in the Upazila Munsif Court at Moheshpur for declaration of title to the land described in the schedule of the plaint. 3. Defendant Nos. 1‑5 who figured as opposite parties appeared in the aforesaid suit an..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....stract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......iples of a legal marriage, termed the living of the appellant and the respondent together as husband and wife “adulterous relations”. 18. Mr. Wadud Bhuiyan, learned counsel submitted that the plaint is totally silent as to the date, place and presence of witnesses of the marriage and the app..Category: Family Law | Date: | Hits: 318
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....…………Opposite Parties Judgment February 16, 1993. Result The Rule is made absolute. Lawyers Involved: Miah Abdul Gafur, Advocate ‑ For the Petitioners. Jagodish Chandra for L Gomej, Advocates - For the Opposite Parties. Civil Revision No. 316 of 1989. Judgment ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......t AM Mahmudur Rahman J.- This Rule is against the order passed by the Subordinate Judge, 3rd Court, Dhaka on 7.3.89 rejecting the application filed under Order 11, rule 15 for a direction upon the plaintiffs to file the document referred to in the plaint in Court for inspection of the defendants...Category: Property Law | Date: | Hits: 55
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....ion, Housing and Settlement (H & S). The said SA Aziz then executed a registered deed of lease in favour of the Government being lease deed No.2818 dated 19.5.60 whereby he took lease of his land for a period of 99 years. He then built the disputed house on the said land. Thereafter, SA Aziz die......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....3. The case of the plaintiff is that on 1.4.1957 the said Parash sold some lands to him by a registered sale deed Ext. 1 in repayment of the sum of Tk. 600.00 borrowed from him to meet expenses to perform puja, etc. and executed the said kabala by putting his thumb impressions as he could not put hi......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567....... Appellant. SS Haider with Bivash Chandra Biswas, Advocates ‑ For the Respondent No. 3‑7. Appeal from Original Decree No. 34 of 1976. Judgment Kazi Ebadul Hoque J.- This appeal by the plaintiff is against judgment and decree dated 20.2.75 passed by the District Judge, Jessore in Prob..Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....Abdur Rouf, Chairman and others………………………Opposite Parties (Civil Revision No.713 of 1993) Judgment June 27, 1993. Cases Referred to- Narayan Sankar Vs. Secretary of State for India, 30 Bombay 570; Rani Harsamukhi Sinha Vs. Moharaja Sashi Kanta Acharjee, 7 DLR 473; Ramkis...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......inst the order passed on 16.2.1993 rejecting his application under Order 7 rule 11 of the Code of Civil Procedure, and the Rule issued in the other Revision Case No.713 of 1993 at the instance of the plaintiff Kazi Mosharraf Hossain is directed against the order passed on 24.2.1993 rejecting his pra..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....nt and decree dated 30.6.67 passed by the Subordinate Judge, 4th Court, Dhaka in Tide Suit No.68 of 1956 allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acre......intiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acres of land described in 'Ka' schedule of the plaint after amendment of the plaint on remand of the suit as per judgment and decree dated 19.2.64 passed by a D......es. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acres of land described in 'Ka' schedule of the plaint after amendment of the plaint on remand of the suit as per judgment and decree dated 19.2.64 ..Category: Property Law | Date: | Hits: 57
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