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Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......nge in favour of plaintiffs was not regularized in this country by the authorized officer of the Government and as such the exchange deed executed in India did not confer any right, title and interest on the plaintiffs as the same was not regularized by the designated officer of the Governm..Category: Property Law | Date: | Hits: 59
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......4 of 2002 held, "this Court finds that in the facts and circumstances of this case the amendments introduced in the Project Proforma by the DPEC operating to the detriment of the petitioner's interest in securing continued employment in the project are products of arbitrary and irrational e..Category: Others | Date: | Hits: 87
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......fice has been burnt; that the plaintiffs have no deed in respect of suit property, if produced would be deemed ineffective and not binding upon the defendants as false deed creating no title, interest in favour of the plaintiff; the defendant having been in possession of the suit land ..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......feree pen-dente lite and opposite party Nos. 1-3 are his vendors who are the plaintiffs of Title Suit No.127 of 1997. The transferee is ordinarily joined as a party to enable him to protect his interest. Whether joined as a party or not the transferee pendente lite by way of right in immovab..Category: Property Law | Date: | Hits: 33
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......reme Judicial Council and the provisions of Article 96(6) of the Constitution found it difficult to support the impugned order of removal. 4. The petitioner claiming to have promoted public interest and cause through public interest and cause through public interest litigations,..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......t. F is not the genuine signature of Barada Kanta Chakravarty, that defendants failed to prove Ext. E by competent witness and that on the basis of Ext. F defendants have not acquired any interest in the land of plot No. 685, that there is no evidence from the side of the defendan..Category: Property Law | Date: | Hits: 40
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......xed for hearing and due to default of any step by him Title Suit No.77 of 1965 was decreed ex parte setting aside the decree dated 26-9-62 of Title Suit No.468 of 1962 which the defendant No.2 had interest to protect and for which he filed written statement in Title Suit No.77 of 1965 long ago t..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......record that at the time of trial in support of the case pleaded in the pleading by the plaintiffs, plaintiff No.3 deposed for all the plaintiffs and he was corroborated by other independent and disinterested witnesses. The plaintiff No. 9 has not taken any exception to the matter of figuring of ..Category: Property Law | Date: | Hits: 46
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ilway. The land was subsequently derequisitioned and restored to the owner, Mrs. Madlena D. Rozario. Although the land was released and restored to Mrs. Madlena D. Rozario but at the behest of some interested persons, the said land was included in the list of Enemy Properties (now vested propert..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......2) of the Companies Act, 1994; Bangladesh Bank issued the BRPD Circular Nos. 8 and 12, both dated 26-4-03 with lawful authority being empowered by section 45 of 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: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ...... the man disclosed his name as Mehdhi and used to come to his shop off and on and that Mehdhi told him that he was linked with an Islamic party and through constant discussion the witness also felt interested in Islamic party and seeing interest, the witness was invited to Mridha Bari situated at ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......he construction works by purchasing the materials from the market at a higher rate on arranging loan of Taka 25,00,000 from the National Bank Limited and loan of Taka 15,00,000 from BCI Bank Ltd with interest @ 18%; after completing major portion of construction works, the respondent No.1 asked for ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......ited by the defendant in its account made a detailed account in the matter and up to 20-2-1998 a sum of Taka 53,44,55,437 was found due from the defendants on account of the bank's dues including the interest and the plaintiff bank being unable to realise the amount instituted aforesaid Money Suit N..Category: Business or Commercial Law | Date: | Hits: 135
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......land or owns lands in the vicinity consequently gets an advantage or benefit corresponding to the burden with which the owner of the property is saddled, even though it does not amount to an actual interest in the properly sold. The crux of the whole thing is that the benefit as well as the burden..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......xpression 'Licensee' has been used just to show the allottees status and legal position and contends that a licensee's right has been given in s. 52 of the Easement Act, 1882. A licensee has got no interest in the land which he is simply permitted to possess by the grantor of the licence, that is,..Category: Property Law | Date: | Hits: 40
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ld them that he had taken lease of both fisheries from the District Fishery Officer (appellant No.1), they were not challenged at all. Inclusion of the adjacent fishery in his Lease Deed was in his interest and in the absence of any suggestion of enmity with anybody it must be held that the incl..Category: Criminal Law | Date: | Hits: 45
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ...... of this period the amount was not repaid in spite of repeated takids. The transaction of loan was denied by the appellant, but on evidence the trial Court decreed the suit for this amount along with interest. The decree has been challenged in the first appeal. In the meantime respondent filed Mon..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......tural land which he was holding since 1939 was not 'comprised in any tenancy'. The question of counting 12 years from 1934 does not arise at all. With the death of Raj Kumar in 1939 his successors-in-interest became simply trespassers………..(14) Title by adverse possession has to be specifica..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ...... the intervention of certain factor and as such even if there had been transfer by Izzatullah Chowdhury by the Ext.A for that there was no revocation of Ext.1 and as such the right, title and interest of Tofazzal Hossain having not been affected by the act of Izzatulla Chowdhury by Ext. A, ..Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......d to establish the said contention, that P.Ws.2 and 3 have proved possession of the plaintiffs in the land in suit, that from the materials on record it is seen that plaintiffs have right, title, interest and possession in the land in suit. 5. As against the judgment and decree of the trial C..Category: Property Law | Date: | Hits: 42
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