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Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)

....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878.  ......it No. 105 of 1998 is not liable to be stayed when the plaintiffs of the Other Class Suit No.15 of 2004 will have the remedy under section 144 of the code of Civil Procedure for getting back their property if it is so held in their suit. 5. Being aggrieved the petitioner filed the present..

Category: Property Law | Date: | Hits: 22

Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)

.... Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) when a winding up order has been made, no suit or other legal proceed­ing shall be proceeded with or com­menced against a scheduled industrial enterprise or any industrial enterprise placed under a Corporation by an order ......enant at a monthly rental of Tk. 150/- under the Dhakeshwari Cotton Mills Ltd. which was subjected to winding up process under the control and management of the Official Liquidator and ultimately the property vested in the Government and the liquidator has been taking steps to sell the suit property..

Category: Tenancy Law | Date: | Hits: 148

Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)

....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......tending that the plaintiff, who is his brother, is a literate man while the defendant No.5 is an illiterate man and that the plaintiff had no other separate source of income except the joint family property and that the defendant-No.5 purchased the suit land jointly with the plain­tiff with t..

Category: Property Law | Date: | Hits: 23

Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)

....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854.  ......siran and two daughters namely, Paglimai and Rahiman Nessa and there­after wife of Badia Sheikh died leaving behind her aforesaid son and daughters, who are the absolute sharers of the schedule property. 3.  Bhula Sheikh, son of Badia Sheikh sold out 90 decimals of land from C.S. ..

Category: Property Law | Date: | Hits: 28

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......Respondents in the respective appeal filed the aforementioned writ petitions stating, inter alia, that the lands shown in the schedule attached to the respective writ petitions are their ancestral property, that they inherited the lands claimed by them and that record of rights have been prepare..

Category: Property Law | Date: | Hits: 56

Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)

....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ...... the landlord Sree Jugal Kishore Mazumdar on April 20, 1943 and the sale was confirmed on August 6, 1943, that auction purchaser Jugal Kishore Mazumdar took possession of the auc­tion purchased property on behalf of the landlord, that the landlord settled the 'Ka' schedule land by amalnama al..

Category: Property Law | Date: | Hits: 25

Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)

.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......o.31 of 1996.1n the execution proceeding the petitioner Nos.1, 2 and 3 filed an application under Order 21, Rule 58 of the Code of Civil procedure which was rejected by order dated 07.10.1998. The property of the judgment debtor was put into auction and the respondent No.2 being the highest bidd..

Category: Civil Law | Date: | Hits: 92

Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)

....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......er of abatement of the above suit as a whole. 2. Short facts are that the respondent No.2, Janata Bank, instituted the above suit for realisation of Tk.22,52,700.48 by selling the mortgaged property. The suit was decreed ex parte against the defendants. On a proceeding under Order 9 Rule..

Category: Civil Law | Date: | Hits: 78

Rani Bilkis Banu Chowdhury Vs. Commissioner of Taxes, Circle -88, Zone-8, Dhaka, 2005, 34 CLC (AD)

.... reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 84. ......hat whether the Appellate Tribunal was right in upholding the order of Appellate Joint Commissioner of Taxes on the facts and under Rule 8(3) of the Wealth Tax Act, 1963 as the capital value of the property has been assessed by the Deputy Commissioner of Taxes as local authority for the purpose o..

Category: Fiscal/Taxation Law | Date: | Hits: 67

M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)

....ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......of Tk. 21.34,822.87 with interest at the rate of 15% per annum with costs. In the Decree Execution case No. 1 of 1998 sale proclamation was issued by the court repeatedly for selling the mortgaged property and the bids offered were not satisfactory. The decree holder bank filed petition before t..

Category: Banking Law | Date: | Hits: 90

Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)

....of the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......9.1988 in favour of the plaintiff and his brothers namely, Mamunur Rashid, Mahbubur Rashid and Mahfuzur Rahman. Subsequently by a deed of partition the said four brothers made partition of the entire property received by them from their father and the suit premises along with other properties fell i..

Category: Tenancy Law | Date: | Hits: 151

Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)

....is no illegality or infirmity in the above decision so as to call for any inter­ference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......is no illegality or infirmity in the above decision so as to call for any inter­ference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ..

Category: Alternative Dispute Resolution | Date: | Hits: 192

Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)

....rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......n East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease deed No.5401 dated 5.5.1956. The writ petitioner took physical possession of the lease-hold property, paid premium and commenced construction of the factory building and workers quarters and ..

Category: Property Law | Date: | Hits: 27

Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)

....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......shed in the national "The Daily Dainik Manab Jamin" on 13.6.2005 stayed till disposal of the rule" and also directed the respondent bank to accord permission for sale of a mortgaged property for liquidat­ing the bank's entire liabilities acquired in the name of Noor Mohammad a..

Category: Civil Law | Date: | Hits: 102

Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)

....tly dismissed the civil revision war­ranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......d that his eldest son, Md. Abdul Latif Mondal (since deceased), required the suit premises for starting his own business therein. The plaintiff issued a notice under section 106 of the Transfer of property Act on 14.1.1998 through his Advocate terminating the tenancy with the expiry of the month..

Category: Property Law | Date: | Hits: 91

Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)

....;                        This Case is also Reported in: V ADC (2008) 768. ...... had the definite knowledge on January 2, 1985. 2. The Miscellaneous case was filed stating, inter alia, that the shop shown in the schedule attached to the Miscellaneous petition is ejmali property of the pre-emptor and the opposite party Nos. 2-15 and the said property was never partit..

Category: Property Law | Date: | Hits: 23

Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)

....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......urther amount of Tk. 13,000/- upon making endorsement on the reverse page of agree­ment, that the defendants delayed the exe­cution and registration of the document taking the plea that the property in suit has been treated as abandoned property and that to get the property out of the ab..

Category: Civil Law | Date: | Hits: 74

Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)

....tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......t No.13 of 1978 and affirmed by this Court petitioners' suit was noth­ing but a contrive to deprive the defendant of the fruit of the decree obtained by him in the S.C.C. suit and for enjoy­ing the property in suit for illegal gain. In our view the suit filed by the plaintiffs are frivolous one an..

Category: Property Law | Date: | Hits: 39

Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)

....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ...... Mahajan only .07 acres of land in R. S. Plot No. 2543 was settled with Nolini Ranjan Dutta on Dar Rayoti and thereafter the Nolini Ranjan Dutta by a registered kabala dated2.5.1969 sold the above property to the plaintiff and the said Nilambor Chowdhury "sold .07 acres of land to one Kali ..

Category: Property Law | Date: | Hits: 29

Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)

.... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ...... absolute the Rule. The writ petition was filed challenging the legality of the judgment and order dated December 30, 1993 of the 1st Court of Settlement, Dhaka in Case No.16 of 1991 relating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Se..

Category: Property Law | Date: | Hits: 24