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Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......ed 31.5.1994 passed in Other Suit No.5 of 1988 is illegal, collusive, fraudulent not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that one Ayenuddin, the predecessor-in-interest of the plaintiffs was impleaded as defendant No.18 in Other Suit No.5 of 1988 though he was..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......o. 23 of 2005. 2. The Rupali bank Limited instituted Artha Rin Mortgage Suit No. 69 of 2003 in the Court of the Artha Rin Adalat, Narayangonj, for realization of a sum of Taka 18,37,494/- with interest against the respondent Nos. 3-6 stating that on the basis of the application of the judgmen..Category: Property Law | Date: | Hits: 28
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......7 and 18,19, 20 and 21 along with khas khatian No. 1 and schedule of sale deed had shown that Cadastral Survey Khatian No. 17 meant for transfer of 2.63 acres of land and pre-emptee-petitioner got no interest in respect of case holding. The Pre-emptor-respondents are co-sharers by way of inheritance..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......sale. The certificate sale under Sub-Section (3), we have already observed, corresponds to rent decree in some cases, and the purchaser acquired in absolute right in the holding, except the protected interest described in the proviso to the sub-section (3), but with the right to annual the incumbran..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......lowed and the impugned judgment and decree are set aside. Both the suits are decreed. In Title Suit No.16 of 1992 the plaintiffs do get a decree declaring that the plaintiffs had right, title, interest and possession in the suit land described in Schedule 'A' of the plaint and a decree for de..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ...... the suit lands appertain to CS khatian Nos. 18, 77, 133 and 138 belonged to Hossain Biswas, Ebad Ali Mondal, Sobhan Mondal, Khorshed Mondal, Jamat Ali Mondal and Hamid Mondal who were predecessor-in-interest of the plaintiffs-respondents and defendants-appellants. The plaintiffs are in ejmali posse..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......or proceeding which is wanting in bona fides and is frivolous or vexatious. The Inherent power of the High Court Division, an extraordinary power to be exercised in extraordinary circumstances in the interest of justice, is generally exercised where no other remedy is available for obtaining justice..Category: Anti-Corruption Laws | Date: | Hits: 195
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......nt in Miscellaneous Appeal No.86 of 1987 arose out of the suit and came to know about the suit. The said ex parte decree is not binding upon the plaintiffs. The defendant No.1 has no right, title and interest in the suit lands, who forcefully dispossessed the plaintiffs from the 'Ka' schedule lands ..Category: Property Law | Date: | Hits: 18
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......being a Debuttar Property and the appellants being not owners, Shebaits or next friend of the Deity have got no locus standi to contest the suit and prefer the appeal as they have no right, title and interest and possession in the suit land. He then submits that having regard to the facts that the C..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......into the shoes of the original monthly tenants at a monthly rent of Tk. 70/- under original landlady Sm. Provabati Charterjee (said to be dead) and the petitioner having acquired the right, title and interest of said Provabati Chaterjee by auction purchase on 14.03.1955, the plaintiffs/respondents a..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......on Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No. 1 for exemption of interest. 2. Facts of Civil Appeal No. 103 of 2004 in brief, are that the respondents of the ..Category: Banking Law | Date: | Hits: 98
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......ions in accordance with law. The petitioner is admittedly guarantor for loans taken by the companies and the said loans became over due. The petitioner, as directors of the companies has subsisting interest in the companies and the companies are admittedly defaulter borrowers and so the name of th..Category: Business or Commercial Law | Date: | Hits: 216
....ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......memo No. Shakha-5/AP-1M-26/83 (ANG-SHA)/110 dated 02.03.1986 but the defendants delayed the offer for a long time without giving any answer at the investigation of some corrupt employees and some interested persons who were conspiring to give offer letter to another person. On 30.11.1994 the p..
Category: Property Law | Date: | Hits: 23
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......and that the suit plot No. 752 consists of 27 decimals land, which on mutual partition said Afsin Matbar and Babar Ali have been possessing exclusively in open assertion of their right, title and interest therein and subsequently said suit plot of 27 decimals fell in the saham of Afsin Matbar ..Category: Property Law | Date: | Hits: 37
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......ise statement in para 18 asserted as under:- "It is stated that the writ petitioner is ready and willing to pay an amount of Tk.7,07,03,900/- in order to meet the plea of appellant that government interest is involved." 19. At the time of argument the learned Counsel of the respondent writ pet..Category: Limitation Law | Date: | Hits: 154
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......and was owned by Md. Kalim and possessed by Reza Mohammad and Md. Nazeem. By amicable partition Reza Mohammad became absolute owner in possession of land of Chak No.33 and after him, his successor-in-interest i.e. the plaintiffs and proforma defendant Nos.41 to 135 got the same. During the last sett..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......az delivery of possession was a condition precedent which finding is not tenable in law. In case of heba-bil-ewaz delivery of possession is not essential inasmuch as heba-bil-ewaz is a transfer for interest likes sale. 13. We find substance in this appeal and accordingly the same is allowed..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ...... custody the respondent No. 5 kept the house in question in the year 1975 also filed another application in the Court of Settlement under section 7(1) of Ordinance No.54 of 1985 claiming title to and interest in the house in question on the basis of bainapatra alleged to have been executed by the re..Category: Property Law | Date: | Hits: 31
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......h the legislative device and policy as adopted and has been indicated in sub-section (5) of section 3 of the VAT Act is that the Board in order to fulfill the objects of the section in the public interest by notification in the official gazette shall declare the vatable goods and class of goods ..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......their agencies, particularly through Bangladesh Embassy in Malaysia, collected price of CDSO which was at US$ 574 per metric tonne and taking into consideration the international market price and the interest of the importers, business communities and consumers, the Customs authorities fixed the i..Category: Fiscal/Taxation Law | Date: | Hits: 86
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