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Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
.... liberation beginning from 25th March to 16th December, 1971 Syed Musaheb Ali neither abandoned the said property nor left the country, rather he was in peaceful possession therein. in support of her claim petitioner filed all necessary papers which included Annexures A to O to this petition before ......ing No.3. Bhitar Bari Lane, PS Kotwali, Dhaka corresponding to CS Khatian No.2718, Plot No.134, Ward No.4, Sheet No.50 mouza Sahar Dhaka originally belonged to one Dhum Chand Bashak and on his death aforesaid building devolved on his heirs namely Sakuntala Bashak (widow), Shantash Chandra Bashak (so......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...Category: Property Law | Date: | Hits: 64
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....ed under the Upazila Ordinance were abolished; (b) all the properties, rights, powers, authorities, facilities, movable and immovable properties, cash money, money deposit in bank and all other claims and rights of the abolished Upazila Parishads were vested in the Government; (c) all the......ed to be elected by direct votes on the basis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed and in which effective participat...... government body. However the impugned Ordinance is not inconsistent with those Articles. After a thorough analysis it was found that the Upazila system itself was source of drainage of government money in unproductive activities which negated the welfare of the people and the concept of Upazila..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
.... drums of palm oil and then after about 8 months and few days it reached Chittagong. The owner of the vessel, after the alleged jettisoning, declared general average. The present plaintiff met up the claim of the pro forma defendant No.9 and being subrogee instituted the present suit for the afore......Md. Mozammel Hoque J Sadharan Bima Corporation………….….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queens......me Court of Bengal to hear, examine, try and determine all causes, civil and maritime and "all pleas of contracts" and "all matters and contracts" which in any manner whatsoever relates to freight or money due for ships hired and let out, transport‑money, maritime usury, trespass, injuries, compla..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....t and order of the High Court Division. 11. We have considered the submissions of the learned Advocates of both the sides and considered the matter. Admittedly, 94 decimals of land including the claimed lands of the plaintiffs of plot No.63 of mouza Bisily under P.S. Mirpur, District-Dhaka alon......ssed. Lawyers Involved: M. G. Bhuiya, Advocate-on-Record-For the Petitioners. Md. Nowab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-13. Civil Petition for Leave to Appeal No.1928 of 2010. (From the judgment and order dated 12.07.2010 passed by the ......mo No.L.A.29/72/46736 dated 23.07.1972 ordered that all arrears of acquired land should be paid by 31.08.1972; otherwise all acquisitions should be deemed to be cancelled. That since the compensation money of the suit land was not paid within 31.08.1972 the acquisition of the same land was cancelled..Category: Property Law | Date: | Hits: 65
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......ed: Subrata Chowdhury, Advocate instructed by Md. Amir Hossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the......the defendant and the defendant contracted to sell the suit land to the plaintiff at a consideration of Tk. 25,000/- and according to that contract the defendant, on taking the entire consideration money, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998..Category: Property Law | Date: | Hits: 74
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....s not entertainable but the period for which the petitioner was out of possession assessed valuation at Tk. 4,650.00 being the price of crops for three years and treated the same amount as the amount claimed by the petitioner under Part‑II of the Village Court Ordinance for recovery of the propert......ocate ‑ For the Opposite Parties. Civil Revision No.131 of 1988 (Comilla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered bef......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....structing the bailey bridge, which was all but complete. Suddenly the bridge fell into the river the contractor had to incur an extra cost for the bridge and rejoining the same and submitted his bill claiming the extra cost and refund of the amount deducted on account of VAT. There was a over the co......d of the arbitrator Rule of the Court. 2. Opposite party Chowdhury Syndicate Limited is a private limited Company engaged in construction work on contract under the Government. A tender was called for construction of a 200 foot long bailey bridge over Chandankhali river within Chittagong division......rnment of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27. In this case the plaintiff respondent made a reference to the arbitrator, who made the award in favour of the defendant appeal for payment of money. The plaintiff-respondent instituted the suit on the ground, amongst others, that the award is..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....e loss of the pledge goods has not been ascertained and shown in the statement of account by the pledgee or the plaintiff-Bank. So, the plaintiff-Bank is not entitled to get a decree for the money as claimed by it by brushing aside the admitted loss of the pledged goods." 26. In support of his su......esh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan and another, 7 DLR 134; Pubali Bank Ltd. Vs. Santania Iron and Steel Industries and another, Civil Petition for Leave to Appeal No.644 of 1994 (unreported). Lawyers Involved: Abdur Razzak with Mamun Ali......apital on pledge of its business goods and stock-in-trade along with other mortgaged properties and additional collateral securities, the realisation of loan depends upon the simple principle “take money return the pledged goods” or vice versa, that is, ‘return goods take money’. He submits ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.49 of 1992 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 1,000.00 in default to suffer RI for two months more. 2. ......a Khatun, sister of the victim Sufia used to reside. He further stated that after hearing the sound of altercation he went to the place of altercation and heard that altercation was over an amount of money which was stolen. He further stated that at one stage Khorshed gave threat by uttering followi..Category: Criminal Law | Date: | Hits: 54
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....he recorded tenants of the holding. The learned Advocate further submits that the plaintiffs admit that Alak Jan is a co-sharer to the extent of 2 annas 13 gonda 1 Kara 1 Kranti share and they do not claim any interest under the said Alak Jan. The learned Advocate also submits that the defendants al...... by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted Title Sui......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....idence as to how the contesting defendants possess the suit land. In the facts and circumstances of the case, it must be held that the paper relied on by the contesting defendants in support of their claim are essentially paper transactions for creating a basis of claim in support of the defendants......dinate Judge, Dhaka in Title Suit No.34 of 1970 dismissing the suit.
2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 of 1970 for declaration of title in the suit properly and for a further declaration that the suit property c......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299....... For the Petitioner. Not Represented — the Opposite Parties. Criminal Miscellaneous Case No. 4927 of 1997. Judgment AM Mahmudur Rahman J.- This application wider section 561A Cr.P.C. is for quashment of GR Case No. 3438 of 1997 pending before the Chief Metropolitan Magistrate, Dhaka. ...... with each other took loan of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He gave the aforesaid amount on five instalments. Later on the informant demanded the money lent to the accused persons and the informant was told that repayment would be made through ba..Category: Criminal Law | Date: | Hits: 83
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
.... guardianship and custody of children.” The above section however does not specifically provides for determining the validity of a marriage if it is so disputed by a party in order to resist the claim for dower, maintenance or restitution of conjugal rights. 12. In a suit for restitution of ......waruddin J.- This application under section 115 of the Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family C......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit No.53 of 1990 against the defendant opposite parties for a declaration of their title to the suit land described in the schedule to the plaint and for a ......and on the basis of the deposition of P.W.1, the learned Subordinate Judge decreed the suit ex parte and directed the defendant No.5 (receiver) to hand over possession of the suit land and to pay the money to the plaintiffs vide his judgment dated 28.7.92. 4. Being aggrieved by this ex parte judg..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
.... of 1954 incorporating section 177A in the Sea Customs Act 1878 placing burden of proof "upon the person in whose possession goods were found or from whose premises goods were recovered or the person claiming the ownership of the goods". On an appeal by the government against that decision Supreme C......t Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 ......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ing hue and cry and sent them to Banaripara Hospital for treatment. 4. Only question in this case is whether petitioners are entitled to be enlarged on anticipatory bail. 5. In support of their claim of anticipatory bail petitioners claim that they belonged to the opposition BNP and informant ......site party to show cause as to why they should not be enlarged on anticipatory bail in GR Case No.21 of 1998 pending in the Court of the Magistrate, 1st Class, Barisal. 2. Rule is opposed by the informant by filing affidavit-in-opposition and supplementary Affidavit-in-Opposition. In reply theret......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....ying all the material allegations of the plaint and contended, inter alia, that the plaintiffs have no title and possession in the suit property. It was also contended that the plaintiffs based their claim in the suit property on false and fictitious papers and as such the suit is liable to be dismi......sed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in the Court o......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....through the learned Assistant Attorney-General Mr. Mohammad Mostafa. 8. Mr. Md. Khurshid Alam Khan, the learned Advocate for the appellants, submits that it is a case of no evidence inasmuch as he claimed that none of the P.Ws. have been able to identify the accused appellants in dock nor any inc......)88 corresponding to Ghatail PS Case No. 4(3)88, convicting the accused-appellants and other co-accused under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 2,000.00 each, in default to suffer rigorous imprisonment ......se of the prosecution is that dacoits caught hold of him and asked him to make over cash and ornaments, when his wife opened the almirah and some of the dacoits then took away gold ornaments and cash money from the almirah of his wife and also from the custody of his brother’s wife. The dacoits we..Category: Criminal Law | Date: | Hits: 70
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
....nterim Mutwalli until further order or till the order is set aside by a Court of competent jurisdiction. Though the petitioner was substituted as Mutwalli in place of his father Bashiruddin he cannot claim better status than that of his father and, as such, he is liable to be removed by the Administ...... respondent No.3, Deputy Administrator of Waqfs (1) as official Mutawalli (Annexure-F) should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing the petition and other materials on record, submitted that petitio......, is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479...Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......ossain…………………………………..………..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for specific performance of contract is dismissed. Case Referred to- Associated Provincial Pic......2 to the defendants demanding justice (Exhibits 7, 8, 9) but they did not reply. This witness as the plaintiff prays for a decree for execution of the deed in his favour on receipt of the rest of the money according to the agreement and for delivery of possession. In his cross-examination he denied ..Category: Civil Law | Date: | Hits: 82
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