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Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ...... to the estate, the action may be brought by quite different persons such as creditors, legatees or other beneficiaries although ordinarily the dependents of the deceased will also be the persons interested in the assets of the deceased. In such event both the causes of action may well be combin..Category: Others | Date: | Hits: 124
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......based on the provisions of section 73(1) of the Transfer of Property Act. 9. Section 73 (1) of the Transfer of Property Act lays down that where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears of revenue or other charges of a public n..Category: Banking Law | Date: | Hits: 230
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ...... loans the respondent- Bank filed Title Suit No. 09 of 1989 in the Court of Subordinate Judge in Commercial Court No.1, Dhaka against the petitioners for realization of the said loan along with the interest amounting to Tk. 13,97,690/- and the said suit was renumbered as Title Suit No. 143 of 199..Category: Banking Law | Date: | Hits: 112
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......arty to a arbitration agreement files suit and simultaneously files interlocutory application such as for interim injunction or for appointment of receiver for protection either of the property or interest of the parties, in that event the other party, to face the interlocutory injunction order ..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......ly declared the suit property as enemy property; that the plaintiff by virtue of his purchase and also because of his long possession over the statutory period has acquired lawful right, title and interest in the suit land and hence the suit. 4. The respondent-defenda..Category: Property Law | Date: | Hits: 53
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......oration has been allowed to take action as a retiring authority in place of the Government. Section 9(2) of the Act is as follows: “The Government may, if it considers necessary in the public interest so to do, retire from service a public servant at any time after he has completed twenty-fi..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......mam of the mosque had support of the majority of the people including Mahmuda Khatun the daughter of the waqif and the rightful claimant to Mutwalliship and therefore he thought it would be in the interest of the Waqf Estate to appoint Moulana Abdul Mannan as Mutwalli. Accordingly, he ordered th..Category: Trust/Waqf Law | Date: | Hits: 209
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......Anti Corruption to serve notice under section 94 and 160 Cr.P.C. only for the purpose of enquiry to determine the truth of the information received or as about offences connected with community interest, that is, offences in the schedule to the Anti Corruption Act." arrive..Category: Criminal Law | Date: | Hits: 58
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ...... the pre-emptors that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Miah and that Kulsuma Bibi and Rahima Bibi being not the sisters of Ilias Miah they did not acquire any right, title and interest in the land that belonged to Ilias Miah, that transfer by Kulsuma Bibi and Rahima Bibi to ..Category: Property Law | Date: | Hits: 55
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... Balaram died leaving son Narayan Chandra and widow Beloka Sundari. Narayan Chandra died some time after the death of his father leaving his mother Beloka Sundari. Beloka Sundari thus acquired life interest in the property of Narayan Chandra. 5. It has been averred by the..Category: Property Law | Date: | Hits: 47
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ........................Respondents Judgment December 4, 2001. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Aut..Category: Others | Date: | Hits: 130
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......pers and documents. In course of the arguments the learned Advocate for the plaintiff-respondents Mr. Mahbubey Alam submits that in the context of the pleadings of the parties, it is necessary in the interest of justice to incorporate in the plaint certain new facts on the title of the plaintiffs wi..Category: Procedural Law | Date: | Hits: 114
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ...... The Constitution of Bangladesh, 1972, Article 102 Petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved terming the sam..Category: Constitutional Law | Date: | Hits: 199
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......der:- "30.01. Without prejudice to other provisions contained in these Rules an employee who displays negligence or indolence or who knowingly does anything detrimental to the interest of the Bank or contravenes instructions issued to him in connection with his official wor..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......7. It has further been observed in the background of the facts of the reported case "Such person not claiming any title under certificate-debtor as such could not be treated as a person whose interests had been affected by the sale. Thus the application for setting aside the sale having bee..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......atullah P. S. Case NO. 10(2)88 under Section 18(A). And Sections 3 and 4 of the Explosive Substance Act was filed against the petitioner. It was stated that the action has been taken in the public interest. That there is no case pending against the petitioner being Fatullah Police Station Case N..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......respondent is a servant of the People's Republic of Bangladesh whose service is controlled by the Bangladesh Service Rules but the respondent violated the service rules and acted against the public interest and hence Government took legal action against him under the provision of Government Serv..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......tiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed mortgage deeds, relating to immovable properties and that other facilities like 'interest free Blocked Account' were also made available to the petitioner and that the petitioner a..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......d not owe any amount to the Bank, i.e. plaintiff of the Artha Rin Adalat case and that auction purchasers in the Execution Case No. 96 of 1991 by their purchase have not acquired any right, title and interest in the land belonging to the appellant. 11. The contention of the appellant is that Res..Category: Civil Law | Date: | Hits: 130