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Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....d also for repair of the roof of the house in order to save the building from damage. His further case was that the respondent became an unauthorised occupant of the disputed shop on expiry of the agreement of lease. 3. The respondent contested the suit by filing a written s...... The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide requirement...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....e good grounds of law in the revision which if considered the revision case would have been allowed and the Rule issued there under would have been made absolute. 6. We are in agreement with submission made on behalf of the appellant that the learned Judge of the High Court ......ng pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the revision arising from the decision of the appellate decree is required to be disposed of on merit………………(6) ...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ..Category: Property Law | Date: | Hits: 46
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....iled Title Suit No. 682 of 1976 against the said defendants under section 9 of the Specific Relief Act for their eviction there from. Thereafter on 12-1-1977 defendant Nos. 1 and 2 entered into an agreement for sale of the suit property to plaintiff Khalilur Rahman at a consideration of Taka 75,...... The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable to be impleaded and ev......on in the plaint that Joy Gopal Das obtained a probate was not sufficient to hold that Joy Gopal Das became the 16 annas owner of the suit property and his heirs defendant Nos.1 and 2 had right to sell the entire suit property and, as such, High Court Division acted illegally in affirming the ju..Category: Property Law | Date: | Hits: 64
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
.... that petition filed Civil Appeal Nos. 41 and 42 of 19 challenging the judgment and order of the High Court Division passed in Writ Petition Nos. 1617 of 1991 and 1454 of 1991 stating that an agreement was signed on 8th May, 1973 between the petitioner Company and the Collective Bargaining ...... May 9, 2000. The Code of Civil Procedure 1908 (V of 1908), Order XLVII rule I What the petitioner failed to get in the appeal after a full-fledged argument can not be obtained in a review petition. Recons......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Special Reference No. 1 of 1995, 24 CLC (AD)
....a few observations of mine in spite of the haste with which we are dispatching our opinion back to the President with the humble desire of being a fractional part of this history, having been in full agreement with the exhaustive opinion and answers given by the learned Chief Justice. 82. It has......should be excluded within the meaning of Article 67(1) (b) read with definition of 'Session' and 'sitting' as under Article 152 (1) of the Constitution………………..( 72 & 73) Cases Referred to- AIR 1944 (FC) 173; MacManaway (1951) AC 161; Privilege Act 1770, (1958) AC 331; Allocation ......ps of the Earl of Enre in County Mayor, Ireland. When the Captain raised the rents around the autumn of 1880 the tenants turned on him, under a sponsorship of the Irish Land League. Local shops would sell him nothing, organised marauders destroyed his property and blocked his main and food supplies,..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......man J Halid Hamidul Huq..................Appellant Vs. Nafisa Chowdhury & ors.................Respondents Judgment February 12th, 1995. Cases Referred to- Tirathdas vs. Parmeshwaribai, 1943 AIR (30) Sind 223; (1884) 52 LT 45; (1869) 4 Ch 782; (...... distributed among his children as per Muslim Law. It was alleged that when their father was lying ill the appellant managed to obtain from him a power of attorney dated 11 December 1991 to manage, sell or otherwise dispose of the property of their father. On the same day Mr. Chowdhury cancelled ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....suit therefore will be maintainable, As Ibrahim J, succinctly put it in Sree Hari Sankar Nandi Majumdar vs. Sree Promode Chandra Roy Choudhury, 4 PLR (Dacca) 595, "The dominating idea in this agreement is not that the remedy will be barred but that the right itself will be forfeited". ......adharan Bima Corporation....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictio...... dated 3.11.92 passed by the learned Subordinate Judge, Chittagong in Money Suit No. 2 of 1992, decreeing the suit. 2. Plaintiff‑respondent No.1 Sanjib Kumar Das is a manufacturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kul..Category: Business or Commercial Law | Date: | Hits: 114
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....t of cost of the house. Md. Zahooruddin paid the entire cost of construction and the possession of the disputed property was handed over to him on 29.1.1963. While in possession he entered into an agreement on 19.1.1971 with the appellant for sale of the said property at a consideration of Taka ......Record ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....ree‑ storied building, standing on 14 kathas of land in Kalabagan, Dhanmondi. Through the good offices of Asgar Hossain, negotiations were held and all necessary arrangements made. A written agreement dated 27 April, 1977 was made between the appellant and the respondent. By this Agreement...... University, and through Asgar Hossain the appellant developed intimacy and deep friendship with the respondent, a fact about which there is no dispute. 3. Appellant had been detained in custody as a collaborator from December 1971 to December 1973 and when he was released from custody he......decided to leave the country and reside in the West, such as in England. At about that time, the respondent visited Dhaka; he was looking for a house in Dhaka for purchase. The appellant offered to sell his house; it consists of a two‑storied building and one three‑ storied building, ..Category: Property Law | Date: | Hits: 69
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......ustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment October 31 st, 1994 Case Referred To: Care Shipping Corporation vs. Latin American Shi......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... 27 February 1983 (Annexure‑B). 4. As per this approved plan the appellant proceeded very far in its implementation; it purchased 65 bighas of land, got into possession of another 150 bighas by agreements with the owners, prepared and allotted 250 plots and made commitment for allotment of 413......smissed. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑For the Appellant. AW Bhuiyan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. ...... Kartripakkha), shortly the Kartripakkha, respondent No.2, for a no objection certificate. It wanted to develop the area as a housing project in association with the owners of the land with a view to selling plots of land therefrom to intending purchasers among the members of the public. The Board o..Category: Property Law | Date: | Hits: 79
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....into a contract with the appellant on 21-4-76 for sale of 1.09 acre of land for a consideration of Taka 2,75,143.00 by executing a bainapatra on that date and receiving Taka 50,000.00 as advance. The agreement was that the vendors would execute and register deeds of sale on receipt of the balance of...... Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter litis of his suits has the liberty to pursue or not to pursue any one of the two Suits. And the two suits being inextricably linked tog......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....d the amount of duty that may have become payable in consequence of withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion of a contra agreement for the sale of such goods or opening of a letter of credit in respect thereof.” ......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others…………………&helli...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......n Abdul Kader alias Mostafa Kamal & others……….. Respondents (In Civil Appeal Nos. 77 of 1993 & 17 of 1996] Judgment May 12, 1996. Cases Referred to- Jang Bahadur vs. Principal, Mohindra College AIR (38) 1951 Pepsu 59; Hamdard Dawakhana ......e the point at issue in these appeals we may now turn to the facts of the case which are nearly common. The writ-petitioner-respondents are engaged in the business of publication, distribution and selling of books including ‘note-books’ for primary and secondary schools upto class VI..Category: Intellectual Property Law | Date: | Hits: 279
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......der and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-Respondent Judgment June 16, 1996. Lawyers Involved: Md. Nawa...... as bargadar of Balaram. After the death of Balaram’s father-in-law Mohendra, the vendor Balaram being a permanent resident of Bilbillash under Thana Bauphal, District-Patuakhali, proposed to sell the proceeding land along with his other lands to different persons of the locality including ..Category: Property Law | Date: | Hits: 60
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
.... and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain and his wife Begum Shamsun Nahar, inducted the defendant in the disputed premises under an agreement dated 14.8.69 with effect from 1.8.69 at a monthly rental of Taka 135.00 as per English C......d subsequently the said Begum Shamsun Nahar died on 17.1.83, leaving husband Mirza Murshal Hossain and a son and a daughter, the respondents; that the defendant is a defaulter and he has defaulted to pay rents of the disputed premises from September, 1975; that the plaintiffs required the suit p......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....mandatory injunction directing the defendants to send his minor son Md. Ibraaz Syed to his residence at No. 405 E, Road No. 27 (Old), Dhanmondi Residential Area, PS Dhanmondi, Dhaka in terms of the agreement dated 21.8.94 entered into by and between the plaintiff and defendant-respondent No.1, i......vision No.4002 of 1994 rejecting the plaint of Title Suit No. 354 of 1994 after setting aside the judgment and order dated 23.11.1994 passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631, a learned Single Judge of the High Court Division held that a wife is not entitled to past maintenance in the absence of a prior written agreement. She can be allowed maintenance from the date of institution of the suit till three months......on Judgment here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... 18. It will not be fair to say that the learned Judge of the High Court Division was unaware of the aforesaid principle. It is true that emphasis was given to the terms of the tender notice and the agreement entered into between the parties and other circumstances on record but at the same time it......ssain and others…………………………Respondent (In Criminal Appeal Nos.15-17 & 18 of 1992) Judgment June 30, 1993. Result: All the appeals are dismissed. Cases Referred to- Mobarik Ali Ahmad Vs. State of Bombay, PLD 1958 (Supreme Court) (India) 115; Emperor Vs. Kan......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....ontradicting, varying, adding to, or subtracting from the terms of a written contract. Proviso (2) to section 92, however, provides as follows: “Proviso (2)—The existence of any separate oral agreement as to any matter of which a document is silent, and which is not inconsistent with its ter......orted in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
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