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.................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform....... 95 and 96 of 2007 facts in short are that Biswajit Dutta (Bhulu),as plaintiff No. 2, instiÂtuted the above Title Suit No. 227 of 1998 in the Court of Joint District Judge, 3rd Court, Dhaka seeking declaration that the power of attorney dated 9.7.1998 executed by Benode Behari Dutta in favour of R..
Category: Civil Law | Date: | Hits: 111
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....cted by Md Aftab Hossain, Advocate-on-Record—For the Petitioner Golam Arshed, Advocate, instructed by Abu Siddique, Advocate-on-Record—For the Respondents. Civil Petitions for Leave to Appeal No. 540 of 2007. (From the Judgment and Order dated March 18, 2007 pass......erim injunction not to proceed with the Title Execution Case No. 9 of 2005 pending before the 6th Court of Senior Assistant Judge, Dhaka. 3. The Title Suit No. 220 of 2006 was filed seeking declaration of title in respect of the property in suit and in the said suit the defendants filed a..Category: Property Law | Date: | Hits: 31
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
....peal is allowed. The Local Government (Union Parishads) Ordinance, 1983 The Union Parishad Election Rules, 1983, Rule 70 It does not appear that the respondent was very much keen or vigilant for participating in the election otherwise he would have made efforts as other persons from other U......iolence created by armed miscreants on the date of filing of nomination paper at the UpaÂzila headquarter, but while fresh election was directed in two of the Union Parishads after setting aside the declaration in favour of the unopposed candidates; the same was not done in his case. It seems the l..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....wer apÂpellate Court. 2. The matter arises out of an acquisition proÂceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. PlainÂtiff-respondents' 6.4650 acres of land had also been acquired and incl......ed and valid notices under section 5(1a) and 5(3) of Act—XIII of 1948 have not been issued or served in L.A. Case No. 63/59-60 in respect of the suit property as per provisions of law; (b) for a declaration that Gazelle Notification No. DA 72/71/355 dated 25.6.73 has no leÂgal basis or validit..Category: Property Law | Date: | Hits: 38
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦.......................Petitioners Vs Messers Business ReÂsources Ltd. & others...................Respondents Judgment March 29, 1989. Result: The petition for special leave is disÂmissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rul......ect in refusing the prayer for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a suit being Title Suit No. 88 of 1988 for a declaration that the lease deed dated 24.2.86 executed by the Siddheswari Boys High School Managing ..Category: Civil Law | Date: | Hits: 130
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....endant Respondent Judgment April 16, 1989. The Code of Civil Procedure, 1908 (v of 1908), Order XXXIX, rule 7 Local Inspection The matter of possession can be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perception and n....... Judgment ATM Afzal J.- The appellants are defenÂdant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the applicaÂtion of the appellants, an A..Category: Procedural Law | Date: | Hits: 94
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....l leave is directed against the judgment and order passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit beÂing Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income T......e is directed against the judgment and order passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit beÂing Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income Tax on ..Category: Employment/Service Law | Date: | Hits: 80
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judgment April 16, 1989. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso to section 42 of the......gment April 16, 1989. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso to section 42 of the Spe..Category: Property Law | Date: | Hits: 35
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
.... Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On appellants own showing he ha......said land to his brothers by registered kabalas without the settlement being finally approved. The appellant brought O.C. Suit No. 141 of 1981 in the Court of Assistant Judge, Natore on 14.3.81 for a declaration that the cancellation of settlement was illegal, etc. and also for permanent injunction ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
.... 6, 1989. Result: Tthe appeal is alÂlowed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXII, rule 3 Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their ...... an order of remand of the First ApÂpellate Court. 2. Facts of the case, briefly, are that the plainÂtiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alle..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....was filed on the ground that the appellant was a defaulter, the proper place to raise the question was the election tribunal. If the respondent chose not to go to the tribunal he ought to have waited for the appellant to hold the office to see whether the disqualification alleged continued to render......peal by leave is from Judgment and Order dated 8 November 1988 passed by the High Court Division, Sylhet Bench in Writ Petition No. 13 of 1988 making the rule absoÂlute and declaring that the act of declaration of the appellant as elected chairman of No. 10 Laskarpur Union Parishad, Upazila Habigan..Category: Election Law | Date: | Hits: 130
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....s Judgment July 21, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehensi....... The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting trial of the case for various reasons and on..Category: Criminal Law | Date: | Hits: 63
....principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying for permanent injunction against the defendants from raising structures and disturbing or affecting ......ants raised some more structures and then the plaintiff on 19th February, 1974 filed an application under Order 6, rule 17 of the Code praying for amendÂment of the plaint by adding a new prayer for declaration of title and recovery of possession for 108’ x 5’ of land east to west covering an a..
Category: Property Law | Date: | Hits: 36
....ntioned the same figure as his capital in East Pakistan as the one shown by the Income Tax Officer, Sylhet. Again, on the 19th August, 1958, he submitÂted another statement of assets and liabilities for the year ending 31st March, 1958, in which the position was the same. The amoÂunt shown as rese......dy. He had no business in Pakistan before or after the PartiÂtion, except for the Tea Estate. The last senÂtence in this letter reads: "Under the circumstances noted above, my request is to read my declaration in the light shown above."
4. The Income Tax authority treated this as a consolidate..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... Md. Zahangir, Advocate-on Record- For the Petitioners Not represented- Respondent Criminal Petition for Leave to Appeal No. 200 of 2003. (From the judgment and order dated 19.03.2003 8s 23.03......14. In our view the reasons assigned by the High Court Division for believing only eye witness, P.W.2 Maksudur Rahman, the other important witness and P.W.4, mother of the deceased regarding dying declaration of the deceased are well founded. We find no cogent reason to disagree with the learned..Category: Criminal Law | Date: | Hits: 43
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- For Respondents Judgment 27 June 2004 Civil Petition for Leave to Appeal No. 90 of 2003 (From the judgment and order dated 3rd August 2002 passe......de the order dated 30.1.1995 adding the petitioner as a party under Order 1 rule 10 of the Code of Civil Procedure by the Assistant Judge, Galachipa in Title Suit No.90 of 1994. The suit was for a declaration that the order dated 27.11.1983. passed in 24 S.A.P.K. of 1980/81 and subsequent passin..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
.....Zahirul Islam, Advocate-on-Record- For the Petitioners Farooq Ahmed, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No. 1075 of 2005. (From the judgment and order dated 28.06.2005 passed b......inistrative Tribunals Act, 1980 challenging the orders dated 25.02.1988 and 05.04.1988 passed by the Ministry of Establishment and Directorate of National Security Intelligence respectively and for declaration that the present respondent has been in the service of the N.S.I, as an officer absorb..Category: Administrative Law | Date: | Hits: 111
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
.... The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief ...... The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given an..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... 214. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- the Respondents Civil Petition for Leave to Appeal No. 1360 of 2002. (From the judgment and order dated 1st June 2002 pass...... affirming those of dated 25.3.95 passed by the Administrative Tribunal, Dhaka dismissing Administrative Tribunal Case No. 93 of 1992. 2. The petitioner instituted the above case praying for declaration that the order of the rejection of petition for review dated 21.12.91 filed by him is i..Category: Administrative Law | Date: | Hits: 92
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....s Involved: Mvi. Md. Wahidullah, Advocate-on-Record- For the petitioners Not represented- the Respondents Civil Petition for Leave to Appeal No.798 of 2003 (From the judgment and order dated 15.04.2003 passed by ......n are that the predecessor of the respondents as plaintiff instituted Other Class Suit No. 151 of 1995 against one Fazlur Rahman predecessor in interest of the petitioners as defendant praying for declaration that the deed of heba bil-ewaz No. 7565 dated 26.05.1988 in the name of the said defend..Category: Property Law | Date: | Hits: 30
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