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Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)

....e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... No.1 Pubali Bank Ltd. as plaintiff instituted the above Title Suit No. 120 of 1997 in the Court of Subordinate Judge, Artha Rin Adatal No.3, Dhaka for realization of Tk. 9,30,826/- together with 20% interest, stating, inter alia, that the defenĀ­dant-petitioner-firm, M/s. Abul Hossain and Brothers ..

Category: Banking Law | Date: | Hits: 85

Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)

....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ...... thereafter trans­ferred 32.50 decimals of land to Sahara Khatun and accordingly became owner of 71.50 decimals of land out of 97 decimals of land; that the plaintiffs have no right, title and interest over the suit land and they brought the suit upon false averments and as such the suit is ..

Category: Property Law | Date: | Hits: 33

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......d settled there and 1.18 acres of land was taken away by the Government as khas land and that 1.05 acres of land out of the suit plot was set­tled in favour of Amin Madbar, the prede-cessor-in-interest of the plaintiff Nos.1 to 3 and that salami was to be paid in ten equal installments and t..

Category: Property Law | Date: | Hits: 25

State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)

.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......ke  an  order  stopping  further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for spe­cial reasons and in the interest of justice the continuation of the inves­tigation beyond the specified period is ..

Category: Criminal Law | Date: | Hits: 48

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......ad on the suit having belonging to Hari Charan Mistry was there and it has been proved that Sometra Tara and thereafter the plaintiff has been living therein and as the homestaed is pro­tected interest for which the auction sale in rent execution case is illegal and as such the judgment and ..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ......fatullah Mondal on 7th Magh, 1347 B. S. and he transferred the said land by oral gift to his wife Nayjan Nessa and mutated her name and paid rent, that Taresh Haider transferred the rent receiving interest to one Maniruddin Biswas by the deeds dated February 15, 1943 and 28. 4. 1943, that during..

Category: Property Law | Date: | Hits: 28

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......ly, for default of pay­ment of rent, the landlord instituted Rent Suit No. 685 of 1952 which ended on 12.1.1953 on compromise on the basis of which the plaintiff continued to enjoy his raiyati interest and the landlord retained his superior rent receiving interest; on 10.2.1982, when the pla..

Category: Civil Law | Date: | Hits: 83

Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)

....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......o the extent of share to the land in suit as heirs of Hakim Jan Bibi, that Hakim Jan Bibi's heirs by inheritance is not entitled to any land since Hakim Jan Bibi during his life time exhausted her interest in respect of the land she got by inheritance from Omar Ali and thus the successive heirs ..

Category: Property Law | Date: | Hits: 24

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)

....rrived at a correct deci­sion and there is no cogent reason to inter­fere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ...... tenure and re-election of the directors of a banking company; by Bank Company (Amendment) Act 1003 (2003), on 10th March 2003 section 15(Ka ka) was inserted in the Bank Company Act 1991 to secure interest of the depositors and to ensure the proper management of the Banks and by those circulars ..

Category: Business or Commercial Law | Date: | Hits: 78

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

.... cogent reason to interfere with the same. Both the appeals are, therefore, disĀ­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......res being C.S. Plot No. 3871 appertaining to C.S. Khatian No. 1865 of Mouza Baniakhamar originally belonged to one Rakhal Das Bose and his wife. The case of the plaintiff is that their predecessor-in-interest, Baidyanath Chatterjee purchased the suit land from the original owners in the benami of hi..

Category: Property Law | Date: | Hits: 34

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......all the necessary formalities before purchase of the above Plot No.4 and there being no laches on their part it would be unjust and inequitable if they are deprived of their lawful right, title and interest in the said plot; RAJUK having mutated the name of the respondent No.4 in the above plot a..

Category: Property Law | Date: | Hits: 41

A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)

.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......ndant No.3 (the said defendant has been impleaded as respondent No.4 in the writ petition). 2. The plaintiff Pubali Bank filed the aforesaid money suit for a decree of Tk. 78,11,629.36 with interest at the rate of 20% per annum till realization of the same and also for the order to sell ..

Category: Civil Law | Date: | Hits: 105

Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)

....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......essed the suit land by virtue of deed of agreement for sale and after execution of the sale deed he mutated his name and paid rents, taxes and other charges and the plaintiffs have no right, title, interest and possession in the suit land and the trial court, without applying its judicial mind, ..

Category: Property Law | Date: | Hits: 23

Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......se an influential Cabinet Minister and a former Cabinet Minister will be affected as their land is situated contiguous to the existing boundary line of Export Processing Zone- and to safeguard the interest of those influential persons the respondents with a malafide intention have decided to acq..

Category: Property Law | Date: | Hits: 31

Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)

....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......e the plaintiff can be given a declaration that a decree or kabala is fraudulent and not binding upon her, it is not enough for her just to make out a prima facie case that she has right title and interest in the suit property but she has to prove that she had the legal character or the right to..

Category: Property Law | Date: | Hits: 33

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed.  This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......te believed the affidavit of the Deputy Attorney General about the publication of the Compensation Assessment Roll and came to an erroneous decision that the appellant petitioner ceased to have any interest in the 12 annas share of the Jalmohal along with the 4 annas share of the Waqf Estate; th..

Category: Property Law | Date: | Hits: 50

Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)

.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ...... on 11.10.2003. The impugned order is ex-facie illegal and void, because the power under Section 9(2) of the Public Servants (Retirement) Act, 1974 could only be passed in a clear case of 'public interest' by the Government. Only the Government is competent to retire a Public Servant under Sect..

Category: Administrative Law | Date: | Hits: 120

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......ed in India, accordingly the land became vested property and R.S. khatian was prepared accordingly and the vested property authority is enjoying the property and the plaintiff has no right, title and interest in the land in suit, that the plaintiff has created forged and fabricated papers to grab th..

Category: Property Law | Date: | Hits: 29

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

....cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Court of Assistant Judge, Dhaka for parti­tion of 0.65 acres of land out of 1.35 acres of Plot No. 125 of CS Khatian No.53 of Mouza Gajmahal, PS Mohammadpur, District-Dhaka claiming title and interest in 0.02 acre of land, stating to the effect, that 1.35 acres of land of CS Plot No. 125 ap..

Category: Procedural Law | Date: | Hits: 86

ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ice upon you under section 17 of the Bank Companies Act, 1991 (as amended by the Act No. 11 of 1997) through Bangladesh Bank, requesting you to repay the aforementioned outstanding overdue loans with interest within 2 (two) months from the date of receipt of this notice, failing which you will cease..

Category: Banking Law | Date: | Hits: 139