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Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)

....re 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: VI ADC (2009) 142. ......ner to pay the decreetal dues, to make the decree final and direct sale of mortgaged properties and also to pass a personal decree against the defen­dant petitioner in respect of the shortfall amount after sale of mortgaged properties. The petitioner contested the suit by filing written stat......re 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: VI ADC (2009) 142. ..

Category: Civil Law | Date: | Hits: 106

Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)

....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......ing the material allegations in the plaint contending, inter alia, that the plaintiff-petitioner executed and regis­tered the aforesaid kabala deed dated 01.08.1987 on receipt of consideration money from the defendant-opposite party tendering possession to him. Hence the suit was liable to b..

Category: Property Law | Date: | Hits: 21

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....re 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: VI ADC (2009) 121. ......ions and also their misappropriation of the rents and then the Government, after negotiation, granted lease of the above premises to the petitioners for a terms of 5 years on releasing substantial amount as salami; the petitioners thus instead of remaining as the tenants of the two Trade Unions ......was decided that the unused premises of Shilpa Bhaban should be allotted to the Boiler Department which was previously located at Purana Paltan for which the Government had to spend huge amount of money as rent and later on, out of the four rooms, two were allot­ted to the police deployed in..

Category: Civil Law | Date: | Hits: 84

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ......o, jack fruit, bel, coconut, banana etc. and has been possessing by enjoying usufructs and after expiry of lease period again defendant No.1 took oral lease on payment of Tk.400/- as yearly selemi money from the heirs of aforesaid owners' the owner Gurudas Datta is still alive and living in Indi..

Category: Property Law | Date: | Hits: 26

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......a view to comply with the direction given in the said letter the Executive Engineer, Project Division of the office of the respondent No.1 sent a cheque being No.CANO.T32612 dated 18.11.1964 for an amount of Tk. 28,844.00 to the RAJUK with a forwarding letter, vide Memo No.2226 dated 19.11.1964 a...... in the said Bank; the authorized Bank duly received the said cheque and RAJUK intimated the respondent No.1,vide Memo No.OB/DIT/1/1248 dated 03.12.1964 that the cheque had been encashed; the lease money was deposited and the possession of the allotted land was handed over to the respondent No.1..

Category: Property Law | Date: | Hits: 28

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......he suit was adjourned on 19.8.1982, 21.9.1982 and 22.11.1982 and it was ultimately taken up for hearing on 23.1.1983 and decreed ex parte on 15.2.1983. Then on depositing the balance consideration money on 6.9.1983 the appellant filed Execution Case No.30 of 1983. Subsequently the above executi..

Category: Civil Law | Date: | Hits: 71

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ...... Parishad or of the state on he ever became physically or mentally incapacitated from performing his functions or he was never guilty of misconduct or responsible for any loss or misapplication of money or property of the Union Parishad within the meaning of Section 12(1) of the Union Parishad O..

Category: Criminal Law | Date: | Hits: 32

M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)

....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......ondent filed Mortgage Suit No.33 of 1991 in the Court of learned1st Artha Rin Adalat, Chittagong against the petitioner and others for realization of Tk.73,63,612.50 which was subsequently made an amount of Tk.67,90,120.06 as per banks subsequent account statement submitted and a preliminary dec......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..

Category: Property Law | Date: | Hits: 37

MA Sattar and others Vs. State, 2008, 37 CLC (AD)

....or trial of offences punishable under the Prevention of Corruption Act, 1947 as per the schedule to the Act and therefore the Special Judge was authorised under section 9 of the Act to confiscate the whole or any part of the property of the accused. 19. Section 9 of the Criminal Law Amendment Act......48,70,900 to DIT (RAJUK) by corrupt or illegal means or by otherwise abusing their position as public servants had obtained for themselves or the appellants and others pecuniary advantage of the same amount and the appellants have committed the offence of abetment as they have obtained pecuniary adv......o four plots i.e. Nos.49, 49A, 49B and 49C. Plot No. 49 with an area of 12 kathas was allotted to accused Shahinoor Islam, Aftara Begum and one Sadeque Hussain at a total price of Taka 23,33,600. The money was depo­sited on 18-9-1989, possession of the land was delivered on 19-9-1989 in favour of t..

Category: Anti-Corruption Laws | Date: | Hits: 294

Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)

.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ...... defendant petitioners submits that the defendants have been in possession of the suit land since long and they started construction of a 5 storied building on the suit land and have invested huge amount of money and it is a settled principle of law that the possession of the suit land is vital ......t petitioners submits that the defendants have been in possession of the suit land since long and they started construction of a 5 storied building on the suit land and have invested huge amount of money and it is a settled principle of law that the possession of the suit land is vital in respect..

Category: Property Law | Date: | Hits: 27

Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)

....to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......r commercial purpose by the road side and also that the suit land cannot be said unused land. The plaintiffs claimed that they are entitled to get back the unused land by refusing the compensation money they had received together with develop­ment cost as per law. The land claimed by the pla..

Category: Property Law | Date: | Hits: 26

State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)

....ting aside the impugned judgment and decree pass­ing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. .......77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated 26.04.1999 for the claimed amount with interest @ 15% thereon and cost. Being aggrieved by the same respondents pre­ferre...... said Ain for furnishing bank guarantee for filing an application under Order 9 Rule 13 of the Code of Civil Procedure against the ex parte decree and since it is impracticable to deposit huge cash money by chalan and since there is an indication in the law itself that the dec­retal amount ca..

Category: Banking Law | Date: | Hits: 96

Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)

....otment letter dated 30.10.1994 in the joint name was issued and the registration deed of lease was accordingly executed and registered in joint name. 9. The High Court Division observed that "the whole argument of the learned Counsel for the petitioner is that admittedly the petitioner had got t......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... finance corporation as loan was deposited by him in his own name in Islamia Umma Corporation as evidenced from an applica­tion dated 10.06.1996 of the petitioner regarding the said depositing and a money receipt dated 26.01.1995 annexed as Annexure-10 and 10A in affidavit-in-opposition. Furthermor..

Category: Property Law | Date: | Hits: 74

M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......Dhaka-Chittagong High Way close to the acquired land with a request not to acquire their land. Their objection was rejected on due enquiry. The writ-respondent No.5 thereupon deposited compensation money with the Government as per estimate furnished by the Government and thereafter the Deputy Co..

Category: Property Law | Date: | Hits: 42

Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)

....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......ure of other co-sharers without any knowledge of the said respondent Nos. 1-3 or their predecessors. The said Bank filed Artha Rin Mortgage Suit No. 67 of 1995 claiming Tk. 8,50,000.00 as principal amount and Tk. 67,58,557.25 as interest in violation of section 47 of the Artha Rin Adalat Ain, 200......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..

Category: Property Law | Date: | Hits: 19

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......nts Benevolent Fund Ordinance, 1968 (E.P. Ordinance No. III of 1968) and the Government Servant Group Insurance Ordinance, 1969 (E.P. Ordinance No. XI of 1969) and that plaintiffs would get minimum amount between Taka 500/- and Taka 800/- for 15 years from the benevolent fund and group insurance...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..

Category: Employment/Service Law | Date: | Hits: 82

Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)

.... 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) 970. ...... 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) 970. ......plot in Dag No.1643 by way of possessing the said land jointly in equal shares and subsequently Haji Abdur Raquib transferred his 8 annas share to the plaintiff in lieu of appropriate consideration money on 15.12.1960 and as there existed friendly relationship between the plaintiff and Haji Abdu..

Category: Property Law | Date: | Hits: 29

Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)

....t up and wrapper and Registrar shall be at liber­ty to consider the prayer for the peti­tioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......ss-29. 5. The respondent filed the appeal on grounds of opposition, inter-alia, that the appellant has been using the trade mark "Potato Crackers" since 1986 and by expending huge amount of money for advertising the mark it has become the most popular brand in the country and th...... 5. The respondent filed the appeal on grounds of opposition, inter-alia, that the appellant has been using the trade mark "Potato Crackers" since 1986 and by expending huge amount of money for advertising the mark it has become the most popular brand in the country and the petition..

Category: Intellectual Property Law | Date: | Hits: 306

Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)

....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......ulla Bala while constructing his house gifted the suit properties in their favour and deliv­ered possession and thereafter, they completed the unfinished work of con­structions by their own money. Profulla Bala on 24-08-1982 executed a deed of gift and registered on 21-12-1982. After exec..

Category: Property Law | Date: | Hits: 26

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......f the proposed residential building on the premises of first party Mr. Taqui. Out of the consideration money a sum of Taka 10,000 was paid by the plaintiff as earnest money to M Taqui. Out of this amount of Taka 10,000 paid as earnest money a sum of Taka 4,000 was paid in cash and the remaining ......doing private practice. The respondent was then living with the appellant in Dhaka. The appellant was also Professor of Pathology in Dhaka Medical College Hospital and thus he was earning a lot of money. The respondent No.1 also managed a job in the Motijheel Central Government Dispen­sary a..

Category: Procedural Law | Date: | Hits: 173