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Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence 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. ......ion which call for no interferÂence 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. ...... statement were that the suit as framed was not maintainable. Defendant No.1 got .308 acres of land by way of inheritance from his mother Delwara Khatoon and constructed a pucca building with his own money. Defendant No.1 giftÂed his share and building to his wife. Defendant No.7 by registered deed..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. ......y default and they set up a chemical industry on the said allotted plots by constructing a factory building and importing machinerÂies and other sophisticated equipments from abroad by spending huge amount of money from their own source. 4. The petitioner and his partner entered into an agre......and they set up a chemical industry on the said allotted plots by constructing a factory building and importing machinerÂies and other sophisticated equipments from abroad by spending huge amount of money from their own source. 4. The petitioner and his partner entered into an agreement of h..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 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.......ared without lawful authority on the following averments. The writ petitioner No.1, a private limited company, obtained loan from respondent No.3, Hong Kong and Shanghai Banking Corporation Limited amounting to Tk. 14,85,00,442/- with an annual interest at the rate of 15%. The Company failed to re...... 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...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 disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......, the judgment debtors failed to repay the said loan and the outstanding loan stood at Tk. 18,37494/- on 30th April, 2003. The bank thereupon instiÂtuted the instant suit for realization of the said amount by selling the mortgaged propÂerty covering an area of .35 acres of land of C.S. Khatian No....... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..Category: Property Law | Date: | Hits: 28
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......nt contested the suit by filÂing a written statement contending that Korban Ali, the owner of the suit land took loan from Karam Ali Sheikh and for nonÂpayment or said loan Karam Ali Sheikh filed a money suit and obtained an ex parte decree against the heirs of Korban Ali on 08.01.1923; that on 23..Category: Property Law | Date: | Hits: 26
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. ......under Pre-emption proceeding the Pre-emptee-Petitioner caused much improvement on the purchased land and has excavated pond, raised land and conÂstructed house and thereby incurred expenditure of an amount of Tk. 1,22,5007. 6. The Miscellaneous Pre-emption Case Nos. 3 of 1991 and 4 of 1991 were ......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. ..Category: Property Law | Date: | Hits: 27
....er he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days on the whole. If he has not jurisdiction to try the case or send it for trial, and considers further detent......ce……………………………………………………………(25)
If the right to be informed of his grounds for arrest and the right to consult a legal practitioner are denied this will amount to confining him in custody beyond the authority of the Constitution. So some amendments in s......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.
..
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 setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......or non-prosecution and that suit was not withdrawn by the plainÂtiffs. As such, the provision of Order XXIII, rule 1(3) is not applicable as the order of non-prosecution of the earlier suit does not amount to withdrawal. Hence the plaintiff is not precluded to file a fresh suit by makÂing out a ne......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..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. ......d observed that unless the tenants name was recorded in the rent roll by mutation, he could not pay rent, that though plot numbers were not mentioned in the receipts other particulars including exact amount of rent were specifically mentioned there and that this fact estabÂlished connection between......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
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....e of Criminal Procedure is highly defective and it is not inconformity with the mandatory requirement of law and as such non-compliance of the mandaÂtory provision of law has vitiated the trial as a whole. 19. He further submits that the High Court Division observed failure to draw attention....... 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. ...... which he stated that his mother Monowara Begum alias Sanowara Begum would work at residence of a Canadian family for 7 (seven) years and they took her to Kuwait. The victim would sent all the earned money to the petitionÂer's maternal grand father and he purÂchased 13 decimals of land at Savar. H..Category: Others | Date: | Hits: 83
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......The appellant and other shop keepers paid the salami against receipts. Thereafter the City Corporation fixed the salami for a shop room at Tk. 1,50,000/- and asked the shop keepers to pay the balance amount by 5 equal installments of Tk. 25,000/- each. The appellant and other affected shop keepers d......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
..
Category: Property Law | Date: | Hits: 29
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......ed as Other Class Suit No.346 of 2005. 4. The plaintiffs case in short are that Shop No. 19 was allotted to him against his application for allotment dated 14.02.2004 fixing the consideration amount at Tk. 22,63,000/- for setting up a jewellery (gold) show room and accordingly an agreement w......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
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. ......nt till Kabala is registered; that thereafter, plainÂtiffs/respondents father paid a further sum of Tk. 11,000/- in two installments to the said Attorney leaving a balance of Tk. 1000/- that balance amount was refused by the attorney on tender by the plaintiffs/respondents father; that said Attorne......into a sale agreement for purchasing the suit property at a sum of Tk. 15,000/- executed by the Constituted Attorney of defendant No.1 on 22.05.1957 and a sum of Tk. 4000/- was paid to him as earnest money, that Md. Yousuf would continue to pay rent till Kabala is registered; that thereafter, plainÂ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and othÂers, 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. ...... their business in time and thereby they having failed to repay the loan, the appellant instituted Money Suit No.835 of 1975 against them to recover TK. 42,82,543.00 which included the principal loan amount and also the interest and on 30.8.1985 the above suit was decreed on contest with a direction......he respondent No. 1 which is a partnership firm, on 20.3.1974, obtained a loan of TK.37,00,000.00 from the appellant hypothecating the two cargo vessels proÂposed to be purchased with the above loan money and also upon equitable mortgage of the landed properties owned by the responÂdent No.2 but d..Category: Banking Law | Date: | Hits: 98
....sion committed no illegaliÂty in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
...... Tk. 1,65,546/- and when it was detected the plaintiffs authority was offered as loan of Tk.30,00,000/- (thirty lacs) on condition that the loan of Tk. 16,55,546/- will be adjusted and to return rest amount to the petitioner and sanction the same in favour of the defendant petitioner for which the p......sion committed no illegaliÂty in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
..
Category: Others | Date: | Hits: 84
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordÂingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......er subsequently made a repreÂsentation to the Deputy Commissioner offering 30% higher rent from the previous year and as per the provision under the nitimala furnished 10% of the offered lease money amounting to Tk. 10,400/- as securiÂty deposit. 8. The Deputy Commissioner, Kishoregonj as p......titioner subsequently made a repreÂsentation to the Deputy Commissioner offering 30% higher rent from the previous year and as per the provision under the nitimala furnished 10% of the offered lease money amounting to Tk. 10,400/- as securiÂty deposit. 8. The Deputy Commissioner, Kishoregon..Category: Property Law | Date: | Hits: 26
....ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......rier according to the said Money Execution Case.
5. Now if BIWTC makes entire payment which included cost of wheat of Food Department of the carrier, then it will be difÂficult to recover the amount of Tk.66,39,572.30 of Food Department from the carrier.
6. Under such circumstances th......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
..
Category: Others | Date: | Hits: 356
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejectÂing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......earned Senior Assistant Judge upon the application of the opposite parties has been pleased to set aside the order dated 08.02.2007 and thereby dismissed the miscellaneous Case for not depositing the amount of cost. 6. Thereafter the petitioner filed an applicaÂtion under Section 151 of the ......Court rejectÂing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..Category: Property Law | Date: | Hits: 29
.... containing less than 5% alcohol and the two products were thus non-alcoholic within the definition of Section 2(M) of the Act and that the prodÂucts gained tremendous response from consumers in the whole country as a result of which the interested quarters became jealous and made various propagand......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modificaÂtion.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......of the fees/charges under the law and also to grant permit or pass to dispose of the unsold stocks to the licensed dealers.
6. In support of the petition it was submitÂted that mere investment of money and setting up a factory does not acquire the vested right to obtain a Brewery license. Becaus..
Category: Others | Date: | Hits: 144
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. ......09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amendÂing the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to the said tender notice the petitioner p.......30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amendÂing the provisions concerning earnest money at the rate of 5% of the quoted amount instead of fixed amount of Tk.27.00 lacs. Pursuant to t..Category: Limitation Law | Date: | Hits: 154
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