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.... It was the further case of the plaintiff that the defendant No. 1 and 2 failed to deposit soletium within the time limit as granted by the Appellate Division and as such they were not entitle to get any deed executed and registered through Court and the decree became infructious. The plaintiff subm......,000/-. It was the further case of the plaintiff that the defendant No. 4 entered into the suit land as a vharatia under the present plaintiff on the strength of an agreement dated 28.02.1997. At one stage the defendant No. 4 started depositing rent with the Rent Controller under section 19 of the p......r case that the present appellants started Execution Case No. 20 of 1985 for Execution of the judgment and decree dated 30.11.1977 passed in other class Suit No. 41 of 1974 (Exhibit-‘ka’) and the proceeding of that case was stayed. It was the further case of the plaintiff respondent that before ..
Category: Property Law | Date: | Hits: 113
.... of 2000 against him (defendant, Surjat Ali). The said Mobarak Hossain and the plaintiff in collusion with each other filed the present suit and created the false sale agreement. He did never execute any sale agreement in favour of the plaintiff nor did he receive any money from him.
4. During pe......f the suit and also for better pleading. The learned Judge rejected their application for acceptance of additional written statement by his order dated 7.2.2011 on the ground that the suit was at the stage of argument, where there was no scope to accept any additional written statement. Challenging ......cept any additional written statement. Challenging the said order of rejection, the petitioners moved in this Court with the instant Civil Revision, obtained the Rule and an order staying all further proceedings in the suit.
5. Mr. Probir Neogi, learned Advocate appearing for the petitioners subm..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....r on, Kartik Chnadra Kundu transferred his share to him (defendant No.1) and in this way he became the absolute owner of the suit land. 4. The defendant’s further case is that he did not execute any sale agreement in favour of the plaintiff. The signature as shown on the sale agreement is not o......sale agreement changed his style of signature to deny its execution in future litigation. The defendant also did not take any ground in the memo of appeal to that effect or take any step in appellate stage for adducing any additional evidence. In such a position, I do not think that the lower appell......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
.... estate; (f) the rent payable at time the record-of-rights is being prepared, as well as the rent determined as fair and equitable according to rules 28-30; (g) the amount payable in respect of any rights of pasturage, forest-rights, rights ever fisheries and the like at the time the record-of......ating therefrom the entire chain of interests of rent-receivers and showing therein only the tenants who will come directly-under the Provincial Government." 14. Rule 61 which speaks about the stage after the final publication of Compensation Assessment-rolls and the above noted provisions of......nd' in section 24 of the Non-Agricultural Tenancy Act has been used in the same sense as the expression 'holding' has been used in section 26F of the Bengal Tenancy Act. In this case arising out of a proceeding under section 24 of the East Bengal Non-Agricultural Tenancy Act, 1949, one of the points..Category: Property Law | Date: | Hits: 85
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
.... cites a decision reported in 35 DLR (AD) 254. 5. Admittedly petitioner is not an heir of the testator and he may be a co-sharer in the property under the Will but for this he cannot claim to have any interest in the estate of the deceased and so to come and see the proceeding before granting of ...... 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.......oner is not an heir of the testator and he may be a co-sharer in the property under the Will but for this he cannot claim to have any interest in the estate of the deceased and so to come and see the proceeding before granting of probate as prescribed in the aforesaid clause (c). Decision of the App..Category: Property Law | Date: | Hits: 70
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....re of the institution of the suit by the plaintiff, purchased the suit land and they are not proper parties for adjudication of the suit. Further stand taken is that the rights of the transferees, if any, are well protected under section 52 of the Transfer of Property Act. It is also stated that the......rees, if any, are well protected under section 52 of the Transfer of Property Act. It is also stated that the alleged transfers are not only pendente-lite but also made fraudulently at a very belated stage when the suit was at the peremptory stage. Further contention is that the learned Assistant Ju......shall be deemed to be an interest entitling the person who procured such attachment to the benefit to sub-rule (1).” Order 1 rule 10(2) runs thus: “10. (2) the Court may at any stage of the proceedings, either upon or without the application of either party, and on such, terms as may appea..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
..../3/92 dated 12.12.92 issued by respondent No. 1, under the signature of respondent No.3. refusing to issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......itioner in both the cases. Thereafter, the petitioner instituted Criminal Revision Nos. 978 of 1991 and 435 of 1992 in this Court under section 561A of the Code of Criminal Procedure for quashing the proceeding of the aforesaid two criminal cases. Both these revision cases are still pending before t..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....st be released. In support of his argument he has cited the decision held in the case of Ramjoy Mondal & others Vs. State, reported in 37 DLR 252 where it has been observed- "Law does not make any provision for deducting or excluding the time consumed by adjournments made at the instance by e......e that a month because of the unavoidable condition (leaking roof) in the Court room. It is further observed that one of the accused persons namely, Mokshed Ali, was absconding and the trial was at a stage when out of 15 PWs only one witness, the Investigation Officer, was left to be examined. 6......., prescribed under section 339C of the Code of Criminal Procedure, the petitioners filed an application under the aforesaid section on 28.7.92 stating that 303 working days had expired; therefore the proceedings of Sessions Case No. 30 of 1991 should be stopped and the accused petitioners be release..Category: Procedural Law | Date: | Hits: 80
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
....MT Dolores by transferring the same to a third party which is now lying at Jetty No.10 of Chittagong Port. The said defendant No. 1 vessel MT Dolores may leave the territorial waters of Bangladesh at any time. He has submitted that the principal defendant opposite parties have no other moveable and ......ing Master’s letter written to him on 11.6.94. 3. In the circumstances, I am not satisfied that it is just and proper to arrest/attach the defendant No. 1 vessel at Jetty No. 10, at this belated stage, as security for the plaintiffs aforesaid claim. In the circumstances, the application for ......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)
....‑appellant brought the matter to the notice of the local SDO by filing a petition who then referred the same to the Chairman of the Arbitration Council of the locality but the Chairman did not take any step in the matter. The plaintiff was therefore obliged to file the present suit being Title Sui......will be shelter less with his family and to procure suitable land inside Municipality and to construct house for his residence, a good amount of money will be which he has no means to procure at this stage. It is therefore contended that hardships of the respondent will be greater than that of the d......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...Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....more than one year after it was submitted. 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 any lawful authority and of no legal effect. The respondents in the writ petition took the matter be...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......fect from 08-3-1990. However, his resignation letter was not accepted there and then. 3. He resumed work on 09-3-1990 and continued in his service thereafter. On the other hand, a departmental proceeding was started against him for being absent from the office on 08-3-1990 and a show cause no..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
.... Special District Judge by the impugned order refused to comply the order of the District Judge. 8. The point for determination whether the learned District Judge is empowered by law to transfer any appeal from the Court of Special District Judge to any Court subordinate to it. 9. The above ......of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Judge may at any stage, (a) transfer any suit, appeal or other proceeding pending before it for trial or dispos......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147...Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....rry) to the satisfaction of all concerned. But at one stage, the Deputy Commissioner, Panchagar (respondent No.3) verbally instructed him to stop extraction of stone from the quarry without assigning any reason whatsoever. This verbal order of the respondent No.3 came as a bolt from the blue to the ......work order dated 7-2-2006 was issued in favour of the petitioner. Pursuant to the said work order, he started extracting stone from the Mohal (quarry) to the satisfaction of all concerned. But at one stage, the Deputy Commissioner, Panchagar (respondent No.3) verbally instructed him to stop extracti......judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....matter in one way will not allow the parties to reagitate the matter at subsequent stage of the proceeding." 8. Secondly, the impugned order is not a speaking order inasmuch as without assigning any reason the learned Judge of the Court below passed the impugned order which cannot be sustained ......of his contentions, the learned Counsel refers the case of Md. Emdadduddin Sk Vs. Atiqur Rahman reported in 1989 BLD 253 =42 DLR 416 wherein it has been held: "The principle applies as between two stages of the same litigation to this extent that a Court having at an earlier stage decided a mat......en two stages of the same litigation to this extent that a Court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter at subsequent stage of the proceeding." 8. Secondly, the impugned order is not a speaking order inasmuch as without assignin..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....DLR (AD) 1; Indian Supreme Court, AIR 1973 SC 588; State of Maharashtra Vs. Lok Shikshan Sanstha, AIR 1994 SC 2311; State of UP Vs. UP University Colleges Pensioners' Association; Tariq Transport Company, Lahore Vs. Sargodha-Bhera Bus Service, Sargodha, 11 DLR (SC) 140; Mian Fazal Din Vs. Lahore Imp...... 38. In the first place, we are to determine as to whether the petitioner has the locus standi to file the Writ Petition. In other words, we are to determine as to whether he can cross the threshold stage vis-à-vis the impugned Warrant of Precedence. 39. In Judicial review, the Court is c......ase of Mian Fazal Din Vs. Lahore Improvement Trust reported in 21 DLR (SC) 225, the Pakistan Supreme Court took somewhat liberal view stating- "......the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense; but if is enough ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....spondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or given opportunities ......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......it and since then, they had been receiving the honorarium till stoppage of the same during 2003 by the BNP-Jamaat alliance Government and the respondents most illegally reopened the so-called medical proceeding with a view to deprive the petitioners from the benefit though legally granted honorarium..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....to file a petition under section 28 of the Local Government Ordinance, 1976 for transfer of the election petition to another Tribunal and erred in resorting to recounting of ballots without examining any of the Election Officers to prove that the gunny bags containing ballot papers were received i......by the Tribunal along with the point of interpretation of section 28 of the Ordinance. Counting of Votes, as has been provided in rule 48 of the Union Parishad (Election) Rules, 1976, is an important stage in the whole process of election held under the Local Government Ordinance, 1976 and the rul......Leave was granted to consider the point on the interpretation of section 28 of the Local Government Ordinance, 1976 (hereinafter referred to as the Ordinance) as the Tribunal refused to adjourn the proceeding of the Tribunal. On this question leave was granted in Civil Appeal No.112 of 1977 and th..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
.... This Case is also Reported in: 31 DLR (AD) (1979) 276.......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.......b-section (1) of section 111 of the Ordinance the Controlling Authority exercises control ever the activities of the Municipal Committee. The section empowers the Controlling Authority to quash any proceedings taken by the Municipal Committee; suspend the execution of any resolution passed or or..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....appellant was directed by an order dated 16.9.78 to discontinue the business of LMD work and also to delete Clause 3(36) of the Memorandum. This order was passed by the Ministry of Commerce without any notice to the appellant. 6. The appellant unsuccessfully challenged the said order dated 16.9......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......inciple of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceeding or in any party to the proceeding. The frontier of natural justice with the progress of..Category: Business or Commercial Law | Date: | Hits: 208
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....application for staying holding of auction sale and opposite party No.1 having appointed as receiver by Bankruptcy Court, filed another application stating that Industrial Development Leasing Company of Bangladesh filed Bankruptcy Case in Bankruptcy Court against opposite party Nos.2 and 3 as ......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......s not applies generally but to a particular or specified subject or a class of subject. 11. Under section 109 of Bankruptcy Act, the learned District Judge has power to transfer and withdraw any proceeding pending in subordinate Court to himself or to any subordinate Court hut it relates only t..Category: Procedural Law | Date: | Hits: 126
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