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Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... to have been given "in normal hand" and that signature in the agreement dated January 23, 1978 "was not put under threat or coercion or application of force", that Ext. A claimed to be original of the first agreement appears to be not the one as evidenced by E...... of defendant No.1's failure to execute and register the kabala and to hand over possession of the property, to have the said reliefs through the Court. 2. The suit was averring specific performance of the contract for sale of the land in suit. 3. The plaintiff filed the suit averr......ant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of t..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
.... as the conclusion reached by Badrul Haider Chowdhury J. Without duplicating the lines of arguments in his judgment adopted by him, I would like only to add a few words on the question of conflicting claims as to jurisdiction of the two important departments of the Government, the Customs and Anti-C......gmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling..............(48) The Customs Act, 1969 (IV of 1969), Section 156 O......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....Execution Case, the petitioner hereof on 05.02.2006 filed application under section 57 of the Artha Rin Adalat Ain, 2003 praying for dismissal of the execution case on the ground that the claim of the respondent-bank as made is violative of the provision of Section 47 of the Artha Rin A......nstructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Md. Abdur Nur, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 2119 of 2008. (From the judgment and order dated 04.12.2007 passed ...... 3. Facts relevant in the instant case are that the respondent No.3 bank instituted Artha Rin Suit No. 56 of 2004 in the Artha Rin Adalat, 2nd Court, Dhaka, on 20.04.2004 praying for recovery of money and for foreclosure of mortgage property stating that the petitioner as Managing Director of ..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....urchased the lands from the successors of Md. Torab and Md. Anis and that he also got some land by way of inheritance and accordingly they are in possession of the suit land. The defendant Nos. 1-3 claimed to have purchased a portion of the Suit land and got the remaining portion by inheritance a...... Ahmed, Advocate-on-Record-For the Petitioners. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.2294 of 2008. (From the judgment and order dated 25.3.2008 passed by......ved 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: VI ADC (2009) 862. ..Category: Property Law | Date: | Hits: 41
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
.... of 1996 under Sections 11 and 14 of the Nari-O-Shishu Nirjatan Daman Ain, 1995 and when defendant No.1 refused to pay maintenance to the plaintiff, she was compelled to file the present suit claiming allowance for separate residence and maintenance. 3. Defendant Nos. 1-4 contested t......ondent Judgment April 19, 2009. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 1859 of 2008. (From the judgment and order dated 08.04.2008 passed ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ..Category: Criminal Law | Date: | Hits: 75
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......a Niaz Mohammad, Senior Advocate, instructed by Syed Mahbubur Rahman, advocate-on-Record-For the Petitioner (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 513 and 517-518 of 2008 (From the judgment and order dated 5.12.2007 pas......ale deeds but in fact the opposite party No.2 gifted the said lands to the opposite party No.1 inasmuch as they are real brothers and that the transfers were made without payment of any consideration money and the transfers were made through registered sale deeds in place of gift deeds on the advice..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....land and for further declaration that the rent roll as prepared in respect of the suit land has been wrongly prepared and also prayed for confirmation of possession. The plaintiff Nos.1 and 2 claimed title by way of inheritance and the plaintiff Nos.3 and 4 claimed title on the basis o...... Lawyers Involved: Md. Awlad Ali, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners. Not represented-the Respondents Civil Petition for Leave to Appeal No. 1373 of 2008 (From the judgment and order dated 23.04.2008 passed b......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....ive resemblance to such trade mark. The plaintiff has recently come to know that the defendant No.1 by virtue of being the agent of the plaintiff, applied to various authorities in Bangladesh claiming himself to have the right, title and interest for the Trade Marks Trade Mark "AM......-For the Petitioners. S.K. Saddique, Advocate, instructed by S.R. Khoshnabish, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1552 of 2008. (From the judgment and order dated 24.07.2008 passed ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..Category: Intellectual Property Law | Date: | Hits: 361
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....e defendant No.1 that plaintiff No.1 is his lisencee in a portion of the land, that defendants have no possession in the land in suit, that the dakhilas filed by the defendants in support of their claim of taking settlement have not been proved by the competent independent and dis-interested wit......sif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of the Court of Munsi......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ..Category: Property Law | Date: | Hits: 35
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....gned order allowing the application filed under Rule 42A of the State Acquisition Rules, 1955 in disposing of the appeals, the appellate officer disbelieved the transfers of the case lands made as claimed by the respective writ petitioners; and ordered for substitution of the name of the Bhawal ......p; Not represented-Respondent Nos. 2-3, 5-15 & 17-26 (In Civil Petition No.1452 of 2008). Judgment July 19, 2009. Civil petition for leave to Appeal Nos. 1447-52 of 2008. (From the judgment and order dated 20.05.2008 pas......ides that every manager appointed by the Court shall have power to manage all property which may be committed to his charge, to collect the rents of the land entrusted to him, as well as all other money due to the ward, and to grant receipts therefore; and may, under the orders of the Court, gra..Category: Property Law | Date: | Hits: 67
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....reement or failure to pay/deposit in D. Hr. Bank sum of Tk. 22, 56, 75, 512, 02 as mentioned in para 5 (a) above that is to say to pay Tk. 21,53,71,800.02 and Tk.1,03,711.00 against bank's claim in Artha Rin Suit No. 29 of 2005 and 56 of 2005 respectively with further costs and charges,......ondent No. 2. Not represented-Respondent No. 1, 3, 5. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Addition Party. Civil petition for leave to Appeal No.1287 of 2008. (From the judgment and order dated 04.06.2008 passed ......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..Category: Civil Law | Date: | Hits: 109
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....olding Nos. 414 or 200. But after execution and registration of the gift deed dated 14.01.1998, the defendant No.1 Md. Maruf Uddin Ahmed filed the aforesaid Misc. (Pre) Case No. 21 of 1998 falsely claiming that although the suit land was transferred by a deed of gift but actually it is a sale de......etitioners. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed b...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
.... as paddy land. He further submits that in view of fact the learned Single Judge of the High Court Division erred in law in making the Rule absolute. He further submits that the pre-emptor did not claim the homestead on the case land in his application for pre-emption and the Court also did......; Lawyers Involved: Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1185 of 2006. (From the judgment and order dated 15-03-2006 passed b......s of the case, in short, are that the opposite-party No.1 as preemptor filed Miscellaneous Case No.149 of 1988 under Section 24 of the Non-Agricultural and Tenancy Act depositing 10% of the kabala money as compensation money against the pre-emptee-petitioner and others on 30-10-1988 for preempti..Category: Property Law | Date: | Hits: 27
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 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) 772. ...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by......y the respondent Nos. 2-5 and possession of the case land was delivered to them within the knowledge, presence and consent of the pre-emptors petitioners and that subsequently for want of money, when pre-emptee respondent Nos.2-5 wanted to sell their portion in the case land to the resp..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....nd other brothers in joint mess he acquired the suit land in the banami of his brother-in-law. Mon Monohar Golder, father of the defendant Nos.1 and 2 in the suit in order to avoid any future claim of other members of the joint family. The suit land was acquired by the plaintiff petitioner ...... Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ..Category: Property Law | Date: | Hits: 32
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....rate saham for 2.05 acres reducing the same from 3.81 acres. 2. The facts of the case, in short, are that the plaintiff filed Title Suit No. 39 of 1991 in the 1st Court of Assistant Judge, Barisal claiming inheritance from Achimunnessa through her daughter Elimunnessa and it was asserted that Ach......t, Barisal in Title Appeal No.77 of 1993 thereby affirming those dated 11.03.1993 passed by the Assistant Judge, 2nd Additional Court, Barisal in Title Suit No.39 of 1991 drawing a preliminary decree for separate saham for 2.05 acres reducing the same from 3.81 acres. 2. The facts of the case, in......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....ity from the date of their ad-hoc appointment with the exception that the ad hoc appointees who failed to get recÂommendation by the PSC for regularization in the first time shall not be entitled to claim senÂiority from the date of the ad-hoc appointment as provided in rule 4(2) (Gha). The senior......the writ respondent Nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ petitioner respondents and other writ responÂdents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter alia, that the w......eat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere technicalities. It is not a substitute for money relief. Nor cannot all wrongs be remedied by judiÂcial review. See article 103(3) barring any..Category: Employment/Service Law | Date: | Hits: 118
....n of the arbitration clause held that arbitration is not an efficaÂcious remedy. The learned Counsel further submitted that the High Court Division failed to notice that the writ petitioner canÂnot claim anything else than damages if the contract has been unlawfully cancelled and that there cannot......eposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Sa......dgment
July 19, 2009.
Result:
The petition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of 12% per annum in Civil Appeal ..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......¦â€¦â€¦....... Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sancti.......3.90 and thus the respondent Tahsilder misappropriated Tk.21,137.81. The defence case appears to be that there being no safe custody in his Tahsil Kachari the respondent Tahsildar, after keeping the money in the safe custody of Jamurki Tahsil Kachari, went home and subsequently he deposited the mon..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......rd-For the Respondents (In all the cases) Civil Review Petition Nos. 110-116 of 2008. (From the judgment and order dated 5.6.2008 passed by the Appellate Division in Civil Petition for leave to Appeal Nos.1630-1636 of 2007). Judgment &......tely failed and so he, on 29.11.1987, served a legal notice upon the petitioners under section 106 of the Transfer of Property Act and then the petitioners remitted 6 months rent at a time through money orders dated 19.11.1987 and thereafter made deposit of 6 months rent at a time with the House..Category: Property Law | Date: | Hits: 48
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