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Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....appellants moved this application on the last day before summer vacation and the matter was admitted. By an order dated 23.8.2001 the Court stayed the meeting of the Board of Directors of the Bank scheduled to be held on 25.8.2001 and all other meetings to be held later on. 3. In Matter N......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ....................." 10. It will thus be noticed that under the above provision of law, a contract can be specifically performed against any other person claiming title to the property arising subsequently to the original contract but an exception has been made in the case o..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity 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: 60 DLR (AD) (2008) 9. ......to Rustam Ali and allotted the suit land to her; the plaintiff did not buy the suit land on complying with provisions of law; after the defendant Nos. 1/2 directed the plaintiff to vacate the suit property she agreed to vacate the land on 12-2-86 and Dr. Masudur Rahman, Chairman of the Comm..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......lik Jute Mills Ltd........Respondent Judgment March 14, 2007. Result: The Appeal is allowed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(7) Once the property is acquired and gazette notification is published under section 5(7) of the Emergency Requi..Category: Property Law | Date: | Hits: 46
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......of probate. The Respondent filed an application in the said case for adding her as a party in that case on the allegation that the testator had entered into an agreement with her to sell schedule-1 property and made over possession to her. She further stated that she had already filed Other Suit..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......er from a doctor showing that he died on 6.12.1971 due to heart failure. As the only heir of his father the appellant sold his father's house at 5 Bakshibazar, Dhaka to one Mrs. Sahera Khatun. That property was also treated as an abandoned property, but on an application filed by Mrs. Sahera Khatu..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ...... instituted Title Suit 4o of 1989 in the 2nd Court of the learned Joint District Judge, Dhaka for permanent injunction against the petitioner, the defendant No. 5 and others in respect of the suit property measuring 29.52 acres of land stating, inter alia, that the plaintiff, was Finance Directo..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......er court may be enforced. If the effect of the decision of the appeal were to nullify the execution proceedings, much injustice would be caused in a great many cases. Suppose, for instance, the property of the judgment-debtor is attached, and the property is put up for sale. If in the meanwh..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......he judgment and decree dated 14.8.1991 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The suit was filed seeking declaration that the plaintiff is entitled to hold the suit property as a original lessee and also entitled to get the property mutated in his name and the orde..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ...... of 1988. 2. Plaintiff-appellants in their suit alleged, inter alia, that the suit land originally belonged to one Amar Krishna Chowdhury and others. On 26.3.1936 they let out the suit property to one Protul Kumar Sen by a registered BHARANAMA for 9(nine) years at a monthly rental of..Category: Property Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property measuring 0.70 decimals of land out of 1.62 acres of S.A Khatian No. 1419. Plot Nos. 2..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ....... operation the land in suit was recorded in name of said 3 sons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any property from Jatindra by deed of gift, that the claim of the de..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......arises out of the judgment and order dated 31.07.2000 passed by the High Court Division in Civil Revision No. 664 of 1994 discharging the rule. 2. The appellant challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Mi..Category: Procedural Law | Date: | Hits: 70
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......the cited case it was further held that after the completion of the sale by the registration of the instrument of transfer the purchaser can maintain a suit against the vendor for possession of the property sold notwithstanding non payment of the purchase money. 14. Regarding possess..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......tate, Roy Chowdhury who owned Gouripur Zamindari Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so..Category: Property Law | Date: | Hits: 43
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......nst the judgment and decree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 discharging the Rule. 2. Short facts are that the disputed property belonged to one Abdul Jalil who got the same by way of lease from the Government. While p..Category: Property Law | Date: | Hits: 34
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......uza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. The suit property was correctly recorded in the names of the plaintiffs and subsequently the same was cance..Category: Property Law | Date: | Hits: 37
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......ituted Other Class Suit No. 60 of 1997 praying for permanent injunction restraining the defendant-petitioner from dispossessing or creating any disturbance in their peaceful possession of the suit property stating, inter alia, that the property originally belonged to Ganjela Roy who sold the pro..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relating to the suit property in favour of the plaintiff after accepting the price fixed by the Government for the prop..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ...... the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2..Category: Property Law | Date: | Hits: 32
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