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State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......g Khilgaon P.S. Case No.30 (6)07 alleging, inter-alia, that on his enquiry he came to know that the respondent violated the Anti-Corruption Commissioner Act, 2004 by concealing the description of his property in his statement of asset. Scrutinizing his statements of asset as mentioned under the "Inc..

Category: Others | Date: | Hits: 98

Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......Directors, or a director, is only to the extent of the face value of the shares he holds, nothing more than that. But if he guarantees repayment of the loan, enjoyed  by the company or mortgages his property to the creditor, to ensure repayment of the loan by the company, then on the failure of the..

Category: Banking Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......hout any objection from any quarter and has been paying rents to the Government; but in the middle of March, 1997 some people from the local forest office, Faikbandha, claimed the suit land to be the property of Forest Department on production of copy of the gazette notification dated 18.11.1961, co..

Category: Property Law | Date: | Hits: 21

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......stant Judge, Sundargonj, Gaibandha, for partition. The case of the plaintiff in short is that Prem Chand Roy, Ram Chandra Roy and Charu Chandra Roy were C.S. recorded owners in possession of the suit property. They gave pattan of the said property to Sakhawat Ali and Babor Ali, who cultivated the sa..

Category: Property Law | Date: | Hits: 18

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ...... the Ministry of Lands with the help of Government's officer collusively. The record of right in favour of govern­ment is absolutely wrong and collusive and the defendant No.4 can not claim the suit property on the basis of alleged settle­ment and the defendant No. 1 has no right, title and intere..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. .......1990 with an agree­ment of reconveyance  executed and regis­tered on the same day. The time of recon­veyance was 3 months. But the defendant did neither hand over physical possession of the said property nor returned the money to the plaintiff as per agreement dated 29.3.1990 in spite of repeat..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......learned Single Judge of the High Court Division has committed illegality in passing the impugned judg­ment in Civil Revision No.5771 of 2001 in not considering that the contract for sale of the suit property was made between the plaintiff-petitioner and on behalf of the minor respondent Nos.1 and 2..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......rade Marks Registry, Dhaka under application No.1713, 1723, 1733 and 1734, in class-30 in the year 1973. The applications were duly advertised in the Journal. As there was none to oppose the right of property involved in the mark, here was no opposition from any quarter and eventually the trade mark..

Category: Intellectual Property Law | Date: | Hits: 273

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......t dated 26.11.1990 and placed plaintiff in possession of gifted land. Defendant No.1 died intestate leaving behind defendant No.7 as his wife, brothers and sisters. Plaintiff inherited .0022 acres of property from her deceased broth­er by way of inheritance. Plaintiff in the above way got .07 ½ ac..

Category: Property Law | Date: | Hits: 22

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......d analogously with Writ Petition No. 4913 of 2008) discharg­ing the Rule arising out of Auction pro­ceeding published in the Daily Jhanakantha on 25.04.2008 by writ respondent No. 4 for selling the property of the petitioner. 2. The facts, in short, are that the petition­er filed Writ Peti..

Category: Property Law | Date: | Hits: 29

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......rule. 2. The short fact is that the petitioners filed the aforesaid writ petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attach­ing the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding i..

Category: Banking Law | Date: | Hits: 84

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. ......n order to execute the said decree, the decree-holder bank instituted Artha Rin Adalat Mortgage Execution Case No.87 of 2004 for realization of a sum of Taka 21,52,387/-. The price of the mort­gaged property was assessed at Taka 8,75,000/-. In order to sell the mortgaged property in auction, notice..

Category: Property Law | Date: | Hits: 28

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..

Category: Property Law | Date: | Hits: 51

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. ......% acres from his sister Zinnatunnessa. The Pre-emptee-petitioner in the above stated way became owner and possessor in respect of .21215 acres of land. The Pre-emptee-Petitioner sold out .17 acres of property by two sale deeds and he remained owner and possessor in respect of. 21215 acres of land as..

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. ......een possessing thereon. The defendant denied the plaintiffs title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. 5. The trial Court on consideration of the evidence on record held that the sale wa..

Category: Property Law | Date: | Hits: 20

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......o has been proclaimed as an offender either under this Code or by order of the Government; fourthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such t..

Category: Constitutional Law | Date: | Hits: 137

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. ......oceeding of Exchange Case No.35/69-70 stated on 24-7-1969 for for­feiting the land of the appellants for the pur­pose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Co..

Category: Property Law | Date: | Hits: 29

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....the defendants ought to have proved Exhibit B by calling for the original volume book but they failed to prove the same. Fazlur Rahman (D.W.1) in course of his cross-examination stated that he had no personal knowledge about the auction purchase and that he made inconsistent statement about the auct......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. ..

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. ......iny for his wealth statement having suspected the statement as not true, made a thorough enquiry and it was said that he had concealed his wealth and submitted a falls return and that he had acquired property worth Taka 2 crore and odd by corrupt means. Accordingly an officer of the Com­mission lod..

Category: Anti-Corruption Laws | Date: | Hits: 195

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......ad boys came to his residence. The peti­tioner's father stated in his confessional statement that on the day there was a quar­rel with his mother and his mother told him that she would give all the property to his sister victim Sadia alias Sufia Begum. He confessed that thereafter he agreed to kil..

Category: Others | Date: | Hits: 83