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Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....at the petitioner was the owner of the said land bill. In the last ROR operation the said land was wrongly recorded in Khatian No.1 in the name of the government as khas land. The opposite party No.1 claimed title in the said land on the basis of settlement which created cloud over the title of the ......he petitioner in Title Suit No.92 of 1983. 2. The petitioner instituted Other Suit No.650 of 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ...... Jute Mills Company Ltd. He was dismissed from service by the Respondent‑company on the allegations, inter alia, that prior to Eid‑ul‑Azha holiday the petitioner received money from the company for disbursement to its employees and staffs. But after payment of salaries he kept with him Tk. 5,8......pondent 4, the Crescent Jute Mills Company Ltd. He was dismissed from service by the Respondent‑company on the allegations, inter alia, that prior to Eid‑ul‑Azha holiday the petitioner received money from the company for disbursement to its employees and staffs. But after payment of salaries h..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....tedly could not participate in the bid as they were allegedly obstructed by the armed miscreants for submitting the tender to the authority. The plaintiffs‑respondents have therefore no prima facie claim or authority to collect tolls from the suit Hat for the year 1398 BS. If they sustain any inju......Abdul Bari Sarker J.- This appeal is directed against the order dated 4.5.91 passed by Mr. Khondoker Rezaur Rahman, Subordinate Judge, Narayanganj in Title Suit No.36 of 1991 allowing the application for temporary injunction under Order 39 rule 1 and section 151 of the Code of Civil Procedure. 2.......ld on 11.4.91, being the highest bidder for Tk. 9,05,000.00 and the bid was accepted by the Upazila Parishad on 22.4.91. The appellant paid Tk. 2,40,000.00 on the date of bid and he deposited balance money of Tk. 6,66,000.00 on 22.4.91 and he was put in possession of the Bazar on that day. The appel..Category: Civil Law | Date: | Hits: 74
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....‑appellants submits that the 1st appellate Court acted illegally in reversing the judgment without assigning sufficient and cogent reasons, that trial Court, by cogent reason decreed the plaintiffs claim for declaration of title and confirmation of possession. It is further submitted that the lear......by Additional District Judge, Faridpur, in Title Appeal No.323 of 1969, reversing the judgment and decree passed by Munsif, Goalundo, in TS No. 84 of 1968. 2. Plaintiff‑appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the sc......that the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akbar Ali vide Ext. ‘A’ is inactive and inoperative document inasmuch as no consideration money passed and as such the sale deed Ext. 'A' was not acted upon and that Roushan Ali continued to..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....cedure of the Code of Civil Procedure when specific provision is made to transpose the plaintiff or defendants in their respective positions. Since plaintiff Nos. 2‑9 have conflicting and divergent claim to title with the plaintiff No.1 they could be placed in the category of defendants and not as......the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession the...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....ssession when the decree being executed is one for joint possession. It only requires that a copy of warrant be affixed in some conspicuous place on the property and the substance of the decree be proclaimed by beat of drum or other customary mode at some convenient place. There is hardly anything i......vil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. ...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....gard to him) did not contemplate the suspension of an employee, and that such suspension did not amount to reduction of rank within the meaning of that Article… in our opinion, the plaintiff cannot claim a notice on the ground of natural justice in such cases (or suspension). We have also held tha......ihar and another, AIR 1955 Pat. 131; Kali Prosanna Roy Chowdhury Vs. State of West Bengal, 56 CWN 492; Shanton Vs. Smith, 1895 AC 229; Gould Vs. Staurt, 1896 AC 575; Venkot Rao Vs. Secretary of State for India, 64 IA 55; Mian Mohammad Hyat Vs. Province of West Pakistan, PLD 1964(SC) 321 = 16 DLR (SC......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
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Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....e course the contract was successfully completed and the coins were delivered to Bangladesh Bank and the payment in terms of the LC was duly received by FNMT. Thereafter, the writ-petitioner as agent claimed its due commission, which was refused by the writ respondent No.1 and in the meantime there ......T. 3. Facts stated in the writ petition are that the writ petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign supplier. The writ respondent No.3 published a notice inviting tenders from the reputed Mi......d. 9. Section 219 clearly provides that in the absence of any special contract, payment for performance of any act is not due to the agent until the completion of such act; but an agent may detain moneys received by him on account of goods sold, although the whole of the goods consigned to him fo..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
.... Where on the day so fixed the opposite party appears and the applicant does not appear the Tribunal may make an order dismissing the application: Provided that where the opposite party admits the claim of the applicant or from the materials on record it is found that the relief claimed by the ap......l instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad Morshed, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....ll their shares in Paper Converting and Packaging Ltd. and other properties mentioned therein in favour of respondent No.1. (c) The litigations filed by the petitioner No.1 against respondent No.1 claiming Tk. 33,37,712.00 and Tk. 3,39,48,00.00 in the third Court of Subordinate Judge, Dhaka being......h Chowdhury Kamaluddin Hossain, Advocates ‑For the Respondents. Company Matter No. 10 of 1987. Judgment Mozammel Hoque J.-This is an application under section 38 of the Companies Act, 1913 for rectification of the share register of the company respondent No.2 in respect of the shares of t......ayment of Taka ten lacs would be made within 30.7.86 as it was fixed in previous agreement. It is further stated that the petitioners fulfilled all terms of the aforesaid agreement. They withdrew the money suits filed against the respondent No.1 and duly transferred their shares in favour of the res..Category: Company Law | Date: | Hits: 159
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....g of the suit the defendants filed the application for dismissal of the suit on the ground of its maintainability. In the application it was contended, inter-alia, that in the plaint the plaintiffs claimed that plaintiff No.1 is a private limited company and it’s Managing Director, Mr. Sirajul......l by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil Revision No.591 of 2006 rejecting the application for amendment of the plaint and making the Rule absolute. 2. The short fact necessary for disposa......veral occasions. Plaintiff No.1 mortgaged all its movable and immovable properties in favour of defendant No.1 as security against the repayment of the loan. Plaintiff No.1 failed to repay the loan money, as a result defendant No.1 attached all the mortgaged properties of plaintiff No.1 through Co..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
.... 7. We have heard Mr. AA Chowdhury, the learned Advocate for the petitioner and perused the impugned judgment of the High Court Division other connected papers on record. 8. The informant as P.W.1 claimed that he gave cheques of Tk. 38, 00,000 to the accused-petitioner Nazir Ahmed for doing bus......nt December 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.142 of 2007. (From the judgment and order dated 7th March 2007 passed by t...... the High Court Division are that the accused Md. Nazir Ahmed used to live in the house of the informant as tenant. The accused along with his wife Mrs. Tahmina Akhter requested the informant to give money for the business of importing powder milk but the informant did not agree to pay the money. ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....and its master and crews or did it occur because MV Zahirabad improperly anchored the vessel in a prohibited area of Chittagong Port as per Port Regulation. 4. Did the plaintiff rightly settle the claim of the owner of MV Zahirabad? 5. To what relief the plaintiff is entitled to? Issue Nos.......s. 2. On 3.9.80, in the late afternoon, when this coaster MV Zahirabad laden with 15000 bags of cement had been waiting in the midstream of Karnafully in the vicinity of Patenga Khal No.14 looking for fair weather in order to sail towards Khulna, the aforesaid vessel MV Hios came there and withou......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
.... Trust, defendant in the suit. 2. Facts leading to this, in short, are that the instant property which are few jute godown at Narayanganj being Municipal Holding No.150/152, BK Road Narayanganj is claimed by both the Bangladesh Mukti Judda Kallyan Trust and also by Nurul Hossain, son of late Abdu......ndatory injunction arose and the subject matter of the present appeal. 3. The order of the learned court below granting mandatory injunction did not give details of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They cla......ter from the Secretary stating that the Government had been pleased to accept the offer and accordingly the ownership of the property concerned is transferred in favour of the plaintiff as the tender money is received in full and he was asked to submit a draft deed of conveyance for formal registrat..Category: Property Law | Date: | Hits: 389
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......ate-on-Record-For the Petitioners. Fida M. Kamal, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No.234 of 2010. (From the judgment and order dated 04.08.2009 passed by the H......o "Dainik Janakantha" on 16.02.1999 and the rest 4.3 kathas was kept reserved for entrance. That the possession of the said allotted land was duly handed over to the lessee upon receiving the lease money. In the review application it was further asserted that the letter dated 12.01.1992 was issued..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....fabricated the so-called unregistered patta dated 10.05.1913. That the said so-called patta is seen to be written after 21/22 years of purchase of the stamps. That the predecessor of the plaintiffs claimed the suit land as their purchased land in Other Suit No.17 of 1957, but failed to produce any......-For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For Respondent Nos.1-19. Not represented-Respondent Nos. 20-75. Civil Petition for Leave to Appeal No. 491 of 2009. (From the judgment and order dated 15.12.2008 passed by the ......d to produce any kabala and never pointed out the existence of patta dated 10.05.1913. That at the time of R.S. operation the predecessor of the defendant Nos.1-4 Abdul Ali went to Rengun for earning money and he entrusted his brohter-in-law Ali Hossain-the predecessors of the plaintiffs to get th..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....arbitrator as per provision of section 9 (b) of the Arbitration Act, 1940. Mr. Mahmudul Islam—the sole arbitrator then entered into the reference and directed both the parties to file statements of claim and written statements and accordingly both the respondent No.1 and the petitioner filed the s......Record—For the Petitioner. Azizul Hnque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the ......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....arose on 21.10.1993 when the defendants along with the bailiff of the Court asked the plaintiffs to hand over vacant possession of the suit property to them and the same was continuing in view of the claim of the defendants. While the suit was at the stage of peremptory hearing, the defendants alo......ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order Syed Mahmud Hossain J.- This application for rev......d and also by applying force got a white paper signed from them with the writing to the effect "১৬,৬০,০০০/ -টাকা বুঝিয়া পাইলাম” though they received no money from the defendants. The defendants demolished the one storied building and the shop rooms s..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....nt decision, the PSC mechanically followed the Government direction and as such, the decision of the PSC was arbitrary and unreasonable as it was the decision of the Government. 3. It is further claimed that as per decision of the Government, the PSC maintained the quota system in the first viv......etition Nos. 513 of 2010.) Not Represented-Respondent Nos. 1-133 (In Civil Petition No. 512 of 2010.) Not Represented-Respondent Nos. 1-48 (In Civil Petition No. 514 of 2010.) Civil Petition for Leave to Appeal Nos. 512, 513, 514 of 2010. (From the judgment and order dated 11.11.2009 pas......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....tra dated 23.6.76 in respect of the suit land in their favour. The defendants' further case is that from the sale deed dated 28.4.87, Annexure 'A' which is the basis of the plaintiff opposite party's claim to the suit land, it would appear that their phupu was in ejmali possession of the suit land w......……………….Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 199......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
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