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Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....sponsible for the accident. The survey report was sent to all concern and no objection was raised against the survey report. Thereafter the plaintiff by its letter dated 26.05.1999 submitted its loss claim for Tk.33, 98,244.05. The defendant No.1, Shadharan Bima Corporation, instead of making paymen......ord-For the Petitioners. Md. Aminul Hoque, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-5. Civil Petition for Leave to Appeal No. 1198 of 2009. (From the judgment and decree dated 04.03.2009 passed b......e judgment and decree dated 04.03.2009 passed by the High Court Division in F.A. No. 437 of 2001 dismissing the appeal with cost. 2. The facts, in short, are that the respondent No.1 filed a money suit being Money Suit No. 36 of 1993 in the Court of learned Subordinate Judge, 3rd Court, Dha..Category: Business or Commercial Law | Date: | Hits: 186
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....ings of the Trial Court and dismissed the appeal. 8. On revision, the High Court Division endorsed the findings of the Appellate Court and held that is was a case of total ouster of the plaintiffs claim as co-sharer in the suit land. On these findings the Rule was discharged. 9. Being aggrieve......rd-For the Petitioner. Subrata Chowdhury, Advocate, instructed by A. K. M. Shahirul Huq, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1422 of 2009. (From the judgment and order dated 24.02.2008 passed by the......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ..Category: Limitation Law | Date: | Hits: 181
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
....in Civil Revision No.1442 of 2008. 2. Petitioner instituted Miscellaneous Case No. 7 of 1999(Preemption) in the Court of Senior Assistant Judge, Sadar, Noakhali for preemption of the case land claiming as co-sharer as well as holding lands contiguous to the lands transferred under section 96 ......or the Petitioner. M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on record-For the Respondent No. 1. Not represented-For respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1442 of 2008. (From the Judgment and Order dated 21st May, 2008 passe...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..Category: Property Law | Date: | Hits: 33
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....r Class Suit No. 142 of 1977 by practicing fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plaintiff claimed the suit land by inheritance and possession thereon. 3. The defendant No.1 contested ......e Petitioner. Not represented-the Respondents. Civil Review Petition No. 136 of 2009. (From the judgment and order dated 30.07.2009 passed by Appellate Division in Civil Petition for Leave to Appeal No. 1733 of 2008.) Judgment Surendra Kumar Sinha J. - The review ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ..Category: Property Law | Date: | Hits: 21
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
.......8.62 who got possession of the building vide possession letter dated 22.8.62. After taking possession Imam Box started leaving there with member of his family on payment of House rent installments for the building and obtained receipt therefore. While owning and possessing the building, said Im......therein. Further the decree in a suit for specific performance of contract decided the issues involved as to whether there was any contract for consideration between the parties and whether earnest money was paid in terms of such contract and nothing beyond the said issues and title of the parties..
Category: Property Law | Date: | Hits: 21
....arties in the matter of the alleged failure of the respondent to deposit the sale proceeds for those tickets sold from the month of July till the 2nd of September 2002. It also dealt with the counter claim of the respondent, Saudi Bangladesh Services Company Limited, inter alia, for 7% incentive com......ucted by Taufique Hossain, Advocate-on-Record-For the Petitioner.
Ajmalul Hossain, QC, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent.
Civil Petition for Leave to Appeal No. 1839 of 2009.
From the judgment and order dated 05.01.2009 passed by the ......1st 2002. The respondent however, in total violation of the terms and conditions of the agreement, defaulted in paying the said sale proceeds which caused the present petitioner to lose substantial money. The instant petitioner, then formally requested in writing to the respondent to pay the said ..
Category: Alternative Dispute Resolution | Date: | Hits: 207
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......
Lawyers Involved:
Mozaffar Hossain, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 28 of 2008.
(From the judgment and order dated 05.12.2007 passed by t......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....Parliament, that the two members upon their joining the Awami League Cabinet ceased to be members of Parliament. On the other hand, each of the concerned members had tried to defend their position by claiming that Article 70 of the Constitution was not violated by him nor the seat had fallen vacant ......271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney General with Obaidur Rahman Mustafa, Deputy Attorn......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... 31.05.2003 as per the latest Government circular regarding no extension of the post of MLSS of the based “No work No pay”. So after termination the petitioners are not entitled to have any legal claims to the post of the MLSS of the Chemical Laboratory in question. 9. Its further stated ......stitution upon which instant Rule Nisi was issued calling upon the respondents should not be directed to absorb the petitioners in the revenue budget as per the terms and conditions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s c...... ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....oners and BNP took a public stand both in and out of Parliament that the said Ministers could not longer continue as members of Parliament. The concerned members tried to defend their position by claiming that Article 70 of the Constitution was not violated by them nor their seats have fallen ...... by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the o......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....fully, uninterruptedly and without 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 n......tailed in the schedule of the said Notification, which includes the schedule land of the petitioner, as khas waste land situated at different Mouzas of the then greater Rajshahi District as protected forest land with effect from date of the notification contending, amongst others, that the petitio...... 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. ..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....n and since then he has been owning and possessing the same. Aforesaid Babor Ali died leaving behind his two sons, the defendant No.2 Taslim and the defendant No. 3 Matiar as his heirs. The plaintiff claimed amicable partition for his 50 decimals of land to the defendants, who on the first part of......pondents Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 123 of 2009. From the judgment and order dated 52.5.2008 passed by th...... Act, he had been delaying to complete the transaction with false pleas. In January, 2000 the said defendant Nos.10 and 11 proposed him to execute the deed of sale on receipt of the balance amount of money but he finally refused to execute the sale deed in their favour and hence the defendants filed..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....ttlement from 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, t......awyers Involved: Goutum Roy, Deputy Attorney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 165 of 2009. (From the judgment and order dated 26.10.2008 passed by ......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. ..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. ......n, Senior Advocate, Instructed by Mohd. Nawab Ali, Advocate-on-Record-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by ......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 repeated requests of the plainti..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. ...... February 14, 2010. Lawyers Involved: Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 131 of 2009. (From the judgment and order dated 18.11.2007 passed by ......efendant Nos.1 and 2 were minors, who inherited the suit land from their mother. Their father, Taslim Uddin entered into a contract for sale of the said land with the plaintiff at a consideration money of Tk.36,000/- out of which he received Tk.7,000/- as earnest money on 9th September, 1994. It..Category: Property Law | Date: | Hits: 26
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....efused to bring about partition on 01.02.1998; plaintiff had been constrained to file the suit in the Court of learned Assistant Judge, Faridpur. 3. Defendant No.7 put up resistance to the claim of plaintiff on filing a written statement denying all material allegations made in plaint. ......-For the Petitioner. Not represented- the Respondents. Civil Review Petition No. 8 of 2009. (From the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007.) Judgment Md. Abdul Matin J.- This review petit...... 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 gifted his share and building to his wife. Defendant No.7 by registered deed..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....of handing over possession of the affairs of the said Samity to the new executive committee. 7. Mr. Md. Nurul Amin, the learned Counsel appearing for the writ petitioner does not dispute the claim of Mr. Nuzrul Islam Talukder, the learned Deputy Attorney General that the newly elected execu......al, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hague, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.40 of 2010. (From the judgment and order dated 9.12.2009 passed by the......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..Category: Constitutional Law | Date: | Hits: 107
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. ......856 of 2009) Not represented-Respondent Nos. 1, 5 and 6 (In Civil Petition No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 p......and they set up a chemical industry on the said allotted plots by constructing a factory building and importing machineries 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
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 Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......l Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appellate Division in Civil Appeal No. 332 of 2003) Judgment BK Das J.- This petition for review is directed against the judgment and order dated 6.11.2008 passed by the Appellate Divisi......nt contested the suit by filing a written statement contending that Korban Ali, the owner of the suit land took loan from Karam Ali Sheikh and for nonpayment 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
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
.... of the suit lands in Baishak 1350 B.S. corresponding to 1943 A.D. from Nalini and Sarola on the basis of dakhilas and has since been 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......arisal in Title Appeal No.158 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaration of title to the suit lands and further declaration that the decree passed in Title......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. ..Category: Property Law | Date: | Hits: 20
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