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Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......€¦â€¦â€¦Respondents Judgment October 27, 2011. Result: The First Miscellaneous Appeal is dismissed and the Civil Rule is discharged. Lawyers Involved: Md. Harunur Rashid, Advocate - for the appellants. No one appears - for the respondents. First Miscellaneous Appeal No. 260 o......st Miscellaneous Appeal No. 260 of 2002 with Civil Rule No. 9 (F.M.) of 2003. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of a judgment debtor in an ex parte money decree is directed against order dated 10.7.2002 passed by the Joint District Judge, third Cou..Category: Civil Law | Date: | Hits: 119
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....acres from Bibekananda Kar and his co-sharers by a kabala dated 14.1.1971 and inherited .27 acres of land from their father Ayatullah, who had jote right in the suit land. The defendants, under false claim of title, threatened to dispossess them from the suit land, thus the cause of action for filin...................Petitioners Vs. Arif Ullah and others .................Opposite Parties Judgment March 5, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - for either of the parties. Civil Revision No. 9386 of 1991. Judgment Md. Ruhul Quddus J. - ......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....ssed the order of temporary injunction on the reason that the plaintiffs’ predecessors obtained decree in Other Class Suit No. 38 of 1988 which was still in force and that the 1.16 acres of land as claimed by the defendants in B.R.S Plot Nos. 6266 and 6267, and the suit land were not same. The app......ers Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. Civil Revision ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 84
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... purchase over the land described in the second schedule which is within the first schedule land described in the plaint and for khas possession upon removal of all impediments. 3. The plaintiffs' claim is that the land described in the first schedule land along with other lands measuring .69 acr......: Mahbubey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioners. For Respondents—Not represented. Civil Petition for Leave to Appeal No. 1762 of 2009. (From the judgment and order dated 2nd June, 2009 passed by...... preÂpare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....ended that the plaintiff filed the present suit with frivolous allegations for illegally grabbing the suit properly and, as such, the Suit is liable to be dismissed. 4. Added defendant Nos. 13-23, claiming to be yearly lessees under the Government, also filed written statement supporting the case......a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.2...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...Category: Property Law | Date: | Hits: 88
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
....or addition of party and hence this Rule. 4. Mr. Gour Gopal Saha, learned Advocate for the opposite parties, in reply submits that a person can only be added in terms of the said clause (c), if he claims interest in the property in question through the testator and cites a decision reported in 35......ammad Gholam Rabbani J.- This Rule has arisen out of the following circumstances: One Birendra Kishore Dhar constituted a Will in favour of his wife Sreemati Biva Dhar who is opposite party No.1 before us. She filed an application for probate of the Will after the death of her husband and the sam...... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355...Category: Property Law | Date: | Hits: 70
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....iff was obliged to file the Suit for specific performance of contract. In the written statements defendant No.2 Government of the People’s Republic of Bangladesh and defendant No.3 Giasuddin Ahmed, claiming to be a lessee from the Government, denied the existence of any agreement for sale of the s......of the 4th court of learned Subordinate Judge, Dhaka, (subsequently re-numbered as Title Suit No.107 of 1988 of the Court of learned Subordinate Judge, Dhaka) against defendant No.1 A Satter Solaiman for specific performance of contract. Plaintiff Asaduzzaman died on 8-12-1991 (after dismissal of th......-1971 for sale of the suit property to the plaintiff at a consideration of taka one lac and bainapatra (Ext. 1) was executed by A Satter Solaiman on 14-10-1971 on receipt of Taka 75,000.00 as earnest money. It was stipulated that A Sattar Solaiman would execute and register the sale deed in favour o..Category: Property Law | Date: | Hits: 89
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....as to see that a collusive decree is not obtained against the real owner or interested person without impleading him as a party and it may not become final affecting vitally the rights of persons who claim direct interest in the subject matter of the litigation. 21. Coming back to the case, on my......feree-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dat...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ree dated 18.3.1967 passed by Subordinate Judge, 2nd Court, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of the recorded tenant Rahmat Ali whose name was reco......al No. 95 of 1967 affirming the judgment and decree dated 18.3.1967 passed by Subordinate Judge, 2nd Court, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of th......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....to default of the accused in being present before the Court, should not also be considered as working days, otherwise it will be easy for the accused to stretch the trial beyond the statutory period, claim relief under sub‑section (6)(b) of sections 339C of the Code of Criminal Procedure. Such abs......per. 2. The prosecution case, in brief, is that on 16.5.89 an FIR was lodged with the Fakirhat PS by one Md. Serajul Islam to the effect that on the night following 15.5.89 at about 11.00 PM the informant's maternal uncle Motaleb Shikari was shot in the thigh through the open window. Rabeya Begum......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
....arties. Admiralty Suit No. 15 of 1994. Judgment Mainur Reza Chowdhury J.-This is an application by the plaintiff for arrest of defendant No.1 vessel MT Dolores as security for payment of his claim US $ 24,190.00 equivalent to Bangladeshi Taka 9,67,600.00. 2. The plaintiff submits that de......es‑For the Plaintiff Petitioner. Not respondent-the Defendants Opposite Parties. Admiralty Suit No. 15 of 1994. Judgment Mainur Reza Chowdhury J.-This is an application by the plaintiff for arrest of defendant No.1 vessel MT Dolores as security for payment of his claim US $ 24,190.00 e......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ..Category: Civil Law | Date: | Hits: 99
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....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.......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......due influence and threat. It was further alleged that the plaintiff‑appellant did not enter into any contract to sell out his suit land to the defendant‑respondent on receipt of any consideration money and if there was any such document, that must be false, fraudulent, illegal, void and without ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... papers in support of his contentions. The contemnors filed affidavit-in-opposition and also several affidavits in response to the supplementary affidavits of the petiÂtioner. 5. Essentially, the claim of the contemnors is that they are merely office bearers of the Trust and have no authority to...... passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submitÂted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without ......iod may be deducted from the dues accruing to the petitioner. 38. On the other hand, the petitioner was unjustly saddled with the loss incurred in purchasing the wrapping machinery in 1987-88. The money deducted earlier from his dues was done so illegally. We find from the records that he could n..Category: Employment/Service Law | Date: | Hits: 156
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....of Police. Deputy Secretaries to the Government are national level posts and for that reason, they have been shown at serial number 25 not as being within their respective charges. It is an unfounded claim that District Judges being the highest post-holders in the Bangladesh Judicial Service are on ...... 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. ......is still in seisin of the 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. ..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
.... would not be available, because the levy of taxes was prior to the amendment. Mr. Mostafa Kamal, the learned counÂsel appearing for the Municipality submitted that the Municipality did not base its claim on the basis of the said amendment, because, the ceiling as fixed in Rule 3(1) of the MoÂdel ......he appelÂlant 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......s to costs. Order of the Court. In accordance with the view of the maÂjority, 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
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is perÂmitted 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. ......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......s: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.— (1) Where any cheque drawn by a person on an account mainÂtained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of t..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......oper. 2. At the time of issuance of the Rule, all furÂther proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of ac...... her husband accused No.1 acquired the those properties in the name of his wife or the accused-petitioner herÂself acquired the same in any other way. It is also necessary to ascertain the source of money for the acquisition of those properties. 10. Thus, we find that there is allegation against..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....dministered by a MaÂnagement Board. The appellant filed an obÂjection under Article 15 of the Bangladesh Abandoned Property (Disposal and ManageÂment) Order, 1972 (President's Order No.16 of 1972) claiming that the assets of the Buxly Plaints (Pakistan) Ltd. lying at Chittagong inÂcluding its in......ance of the said object it enÂtered into a written agreement with Buxly Paints (Pakistan) Ltd. on 20.10.71 to acquire all the assets of the said Company at ChittagÂong including the Industrial Unit for a conÂsideration to be paid in serveral instalments, out of which a part had already been paid.......whether the Government of Bangladesh can completely ignore the written agreement under which the appellant entered into the possession of the property concerned on part payÂment of the consideration money which had been agreed to between the parties, and can oust the Bangladeshi Company from posses..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
.... 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted cr...... Ruhul Islam J.- This appeal by speÂcial leave to appeal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High ....... Accordingly the appeal is allowed. The order of the High Court unÂder appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....This appeal arises out of the judgment and order of a Division Bench of the High Court passed in Writ Petition No.536 of 1976 on May 25, 1977. 2. Facts of the case are that the appellÂant-company claim to be owner in possession of the Ramgarh Tea Estate situated at Nalua within P.S. Fatikchari i......o.1/16 of Mouza Ramgarh within P.S. Fatikchari was settled with the appellant company's Ramgarh Tea Estate with effect from April 1, 1945. Upon receipt of Rs. 2504.00 as Salami and Rs. 626.00 as rent for one year from the appellant-company receipt, Dakbilas were granted by the Government to it which......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
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