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Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......intiff came to know that the suit land is under the possession of the defendants who, on query, told the plaintiff that they purchased the suit land from one Afsar Ali Gazi who having no title and interest in the suit land, had no authority to sell the same and, in fact, the defendants, in conni..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......nd of the facts and circumstances of the case and the findings made by the last Court of fact as well as by the High Court Division the learned Counsel for the appellant submitted that for the interest of justice the case may be sent back to the trial Court to enable the plaintiff to call th..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ...... of authority dated 6.6.2000 for collecting promoter directors to include as Sponsors and to take the decision of the share distribution and to take all other necessary decision and executed in the interest of the Bank at the formation stage with the aim of obtaining necessary approval from the co..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ....../1959-1960 and notice of acquisition was published in the official Gazette on 28.03.1968 and as such the land absolutely vested in the Government free from all encumbrances and the right, title and interest of the original owners extinguished. The allegation that the lands were subsequently de-r..Category: Property Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......y the same to her youngest issue the plaintiff on 1st Jaistha, 1348 B. S. in presence of witnesses and also delivered possession of the same to her immediately divesting herself from all interest and since then the plaintiff has been possessing the same on cultivating the same thr..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......quo;The petitioners have submitted that admittedly 155 women were sent to vagrant home. The question of release of such women is connected with their wishes to stay there and the public interest litigation in such a case is not maintainable particularly without challenging the Vagr..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... receiving salami under section 3 of the said Act. The wide spread and long standing practice of voluntary payment of salami in the commercial world did not make the tenant a non-ejectable one and no interest other than the tenancy right recognized by law could be created on payment of salami so as ..Category: Tenancy Law | Date: | Hits: 180
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......e) Prosecution, Dhaka Metropolitan Police, Dhaka investigated into the case and submitted a report on 24.10.2001 recommending that bail of accused respondent ought to be cancelled in the interest of proper investigation of the case and also for the safety and security of the infor..Category: Criminal Law | Date: | Hits: 31
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......grounds. The appellant had annexed in the writ petition to instances of some other cases where chemical examination of the imported consignments were allowed by the Collector of customs in the interest of a fair hearing to the parties proceeded against. 9. From the Collector of C..Category: Fiscal/Taxation Law | Date: | Hits: 112
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ding to physical possession and measurement was 0.42 acres as described fully in the schedule of the plaint and the same was ejmali. The further case is, that Moulvi Mukti Miah, the predecessor-in-interest of the parties to the suit while owning and possessing the 16 annas share of the suit land..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......e suit was then fixed for peremptory hearing on different dates but the defendant did not appear and the suit was ultimately decreed ex-partes for Taka 6,50,30,034.18 to be paid within 90 days with interest @ 14% from 1-4-1997. The defendant filed an application under section 151 of the Code of C..Category: Civil Law | Date: | Hits: 115
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......anga town. The appellant having failed to repay the loan as per terms of the loan agreement the suit was filed by the respondent No. 1 against the appellant for realisation of the loan amount with interest. The suit was contested by the appellant and others. On 15-5-1999 the appellant filed an ..Category: Banking Law | Date: | Hits: 157
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......o function as Mutawalli. In that affidavit-in-opposition the Administrator of Waqfs categorically stated that the members of the Third Group were effectively engaged in acting prejudicially to the interest of the Waqf Estate. 7. Against this general backdrop the petitioner in Writ Petitio..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ceiver is the discretion of the court and can not be claimed as a matter of course without allegations of wastage or destruction of property, it requires to be proved that not merely the plaintiffs interest but for the interest of all the parties in the suit the property concerned needs to be pro..Category: Property Law | Date: | Hits: 36
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......68 of 2002 affirming the judgment and decree dated 23.11.2001 passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No.135 of 1997. 2. The facts, in short, are that the predecessor-in-interest of the respondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third Court of..Category: Property Law | Date: | Hits: 75
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......in the suit land. He, thus, contends that the decisions referred to in the judgment of this Division are not applicable because the decision reported in 16 DLR (SC) 281 is related to acquisition of interest of the rent receiver and the decision reported in 25 DLR (HC) 476 relates to acquisition ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... dated 28-7-1987 of the learned Subordinate Judge (now Joint District Judge), Bagerhat passed in Title Suit No. 94 of 1982 decreeing the suit. 2. Late Kawsar Ali Shaikh, the predecessor in interest of the appellants, filed the above Title Suit No. 94 of 1982 for specific performance of c..Category: Property Law | Date: | Hits: 41
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......ty Act, 1948 (XIII of 1948), Section 5(7) Once the property is acquired and gazette notification is published under section 5(7) of the Emergency Requisition of Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by su..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... an order was passed under section 16 of the Criminal Law Amendment Act, 1908 declaring the Jamaat-i-Islami, a political party, unlawful. The respondents' case was that the order was necessary in the interest of public peace and tranquility as well as the security of the country because the Jamaat w..Category: Constitutional Law | Date: | Hits: 170
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......a written objection, denying all allegations and stating that the testator was not in possession of all his property and the appellant is in possession therein. The respondent did not acquire any interest or possession. 3. The learned District Delegate allowed the prayer of the respondent for..Category: Property Law | Date: | Hits: 80