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Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....d a second application for amendment of the plaint on 8.6.1988 out of which the present appeal has arisen. In the said application the plaintiff, inter alia, alleged that inasmuch as he had already claimed recovery of possession upon payment of ad valorem court fee on the value of his claimed sh......3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
.... the plaintiff as he was bargader of the plot; The plaintiff mutated her name and has been paying rent to the government (vide Ext. 8 series); Plaintiff has been in possession; The defendants claiming them as the successive heirs of said Cherag Ali and others tried to make obstruction as to......hy;sideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for declaration of her title in the suit land being 26 decimals out of 30 decimals land o......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....istration of the above deed of conveyance regarding jurisdiction of the Sub-Registrar can not be challenged; since the property in question stood transferred to Standard Bank on 19.8.1965 the claim of the respondents for mutation of their names has no legal basis and respondents are at firs......te Md. Salahuddin, son of late Md. Serajuddin, filed the above Writ Petition No. 2465 of 1992 stating inter alia that after his father late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin an......65 and obtained the certified copy of the deed of conveyance only on 4.8.1993 i.e. after issuance of the Rule on 13.7.92, there is something fishy in the above deed of conveyance; the balance money due against the lease having not been deposited before execution of the deed of conveyance da..Category: Property Law | Date: | Hits: 35
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....ons on fulfillment of which the duties on the imported goods would have been assessed in special manner or in other words there was no pre-condition on fulfillment of which the importer could have claimed assessment of customs duty on the imported goods in special manner/way, or that importer co......ssing customs duty and other rates on the imported goods on the basis of SRO dated October 28, 1993 fixing enhanced tariff value subsequent to the opening of the Letter of Credit by the respondent for importing the goods so assessed. 3. Facts stating which the writ petition was filed in ...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....pondent No.2, National Bank Limited, Motijheel Branch, Dilkhusa Commercial Area, Motijheel, Dhaka as plaintiff filed a Money Suit No. 84 of 1990 in the Court of Subordinate Judge, 3rd Court, Dhaka claiming an amount of Tk.5, 52, 60,832.43/- The said amount according to the plaintiffs bank arose ...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For Respondent No.2. Not represent -Respondent Nos.1, 3. Civil Petition for Leave to Appeal No. 1228 of 2007 (From the judgment and order dated 25.04.2007 passed b......ector including Managing Director is not liable for the debts and liabilities of the company as per law enunciated in case of Saloman Vs. Saloman and Co. Ltd. (1887) A.C.22. 6. The aforesaid money suit was renumbered as Money Suit No. 523 of 1990 and subsequently renumbered as Money ..Category: Civil Law | Date: | Hits: 106
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....le of schedule 'Gha' property has been executed by the defendants with the plaintiff and the letters of intent have been issued which are offer letters, on the basis of which, the plaintiff cannot claim for Specific Performance of Contract; that the plaintiff has accepted the cancellation of let......Petitioner. T.H. Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos. 1-3. Not represented- Respondent Nos. 4-14. Civil Petition for Leave to Appeal No.1751 of 2007. (From the judgment and decree dated the 6th day of Sep...... the plaintiff had submitted a tender on 20.07.1992 amounting to Tk. 6, 02, 51,000.00 and as per the terms and conditions of the tender the plaintiff had deposited Tk. 60, 25,100.00 as earnest money in the Government Treasury. The plaintiff had been the highest bidder in respect of the prop..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ithout objection, he cannot now return to BARI. He further submits that the GP Fund of the writ petitioner having been transferred to the University as per request of the University, he cannot now claim to be an employee of BARI. He lastly submits that the writ petitioner as Senior Assistant Dir......ioners. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 272 of 2009. (From the judgment and order dated 20th April, 2008 passe......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... with him) instructed by Muhammad Nawab Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 92 of 2004 (From the judgment and order dated 30th October, 2002 passed in Civil Petition for Leave to Appeal No. 2164 of 2001) Judgment MM Ruhul Amin CJ.- This appeal, by leave, is di...... 37/50-51 is illegal and unlawful and further for a decree to direct the defendants by mandatory injunction to release the suit property in favour of the plaintiffs by receiving back the compensation money. 3. The summons was duly served and the defendant entered appearance and took several date..Category: Limitation Law | Date: | Hits: 241
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......spondent Judgment July 27, 2007. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent Civil Petition for Leave to Appeal No. 498 of 2004. Judgment &nb......on 19.9.1981 in favour of the plaintiff-petitioner to sell the suit land at Tk. 60,000.00 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner out of the said consideration money as earnest money stipulating therein the condition that on payment of the balance amount of T..Category: Property Law | Date: | Hits: 36
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....nt to application of a double standard. The learned Advocate representing the opposite party-appellant conceded before the Tribunal that he "has no legal stand to disagree and deny to the claim of the petitioner". Accordingly by judgment and order dated 6.1.1993 the applicatio...... was opposite party No. 3 in the original application, being aggrieved by the said concurrent decision, obtained leave to appeal from the same. 2. The respondent filed case No.129 of 1991 before the Administrative Tribunal, Dhaka under section 4(2) of the Administrative Tribunal Act, 1980......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....ression of any fact in obtaining the sanctioned plan. 8. Leave was further granted to consider whether the High Court Division failed to consider the fact that respondent No. 4 has only claim in the property to the extent of 1/5th of her deceased fathers share, of total land of 1.20 a......against the judgment and order dated 3.6.97 passed by a Division Bench of the High Court Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was......n on 16-11-89. Upon the appellants application the plan was re-sanctioned on 9-2-93. While the appellant constructed the multi storied building up to the 4 floor after investing huge amount of money respondent No.4 again objected to RAZUK against the sanctioning of the plan, whereupon witho..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......; Syed JR Mudassir Husain CJ. - This appeal arises out of leave granted by this Division on 17-42002 in Civil Petition for leave to Appeal No. 366 of 2002 against the judgment and order dated 9-2-2002 passed by a Divis......respondent No. 2 continued to press its demand but the appellant refused to entertain the request and in that situation the respondent No. 2-SABINCO filed the aforesaid suit for realization of money with interest and costs. 4. The summons of the suit were duly served upon the appellan..Category: Others | Date: | Hits: 95
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....their written statement filed before the Administrative Tribunal. The appellant asserted that from the said papers they found that the respondent No. 1 did not participate in the liberation war as claimed by him earlier and there is also nothing on recorded to show that he was associated with th......fter expiry of his leave, he could easily go to Pakistan to join his service there; he was granted two years ante-dated seniority in recognition of his participation in the liberation war but for some unknown reason by order dated 19.3.86 his ante-dated seniority was cancelled and the revie......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....eposited the iron safe there, wherefrom the same was deposited in the then State Bank of Pakistan. Subsequently the appellant received a sum of Tk. 5 lacs from him and relinquished their claim to the ornaments etc. kept in the said iron safe. His further case was that the instant appl......ar of liberation they left Khulna town and during that time Haladhar Chandra Dey left gold ornaments, silver ornaments and bronze ornaments as described in annexure 'A', 'B' and 'C' to the petition for succession certificate in the iron safe in the shop. All these ornaments were taken ......n given various meanings with reference to particular legislation where the definition of debt was required to be given and as such word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement or an amount due or payable from one person to anot..Category: Property Law | Date: | Hits: 39
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....he defendant No. 1 to refund Tk. 12,00,000/- to the plaintiffs and the defendant No. 3. 3. Title Suit No. 50 of 1984 was filed seeking decree for specific performance of contract of sale of land claimed to have been entered into by the defendant No.1 on November 5, 1973 with the plaintiffs and ...... Review Petition No. 165 of 2003. (From the Judgment and Order dated May 18, 2003 passed by the Appellate Division in Civil Appeal No. 77 of 1997) Judgment Md. Ruhul Amin J. - This petition for review has been filed against the judgment dated May 18, 2003 dismissing the Civil Appeal No. 77......ter of the Title Suit No.50 of 1984 and thus defendant No.1 has been put into impossibility to fulfill the contract, that the plaintiffs at no point of time offered the balance of the consideration money for execution and registration of the sale deed, rather they prayed for extension of tune. ..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... to the plaintiffs to dispossess them from the suit land on the plea that the same was enlisted as vested property. 3. The defendant Nos. 1 and 2 by joint written statement resisted the claim of the plaintiffs in respect of the settlement of the disputed property and the possession of......er dated 13.08.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land and that the enlistment of the...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....ed was executed on 01.01.1974. So the partnership firm which commenced on 01.01.1974 that is long after the agreement Ext. Kha with the proprietorship firm can not be a defence for the defendant as claimed by them. 14. The plaintiffs became transferee landlords on 09.04.1973 and the l...... per agreement dated 01.08.1961 with Younus Ali, Sajeda Khatun and Mussamat Zaitun Nessa and one of the terms and conditions of the agreement was that in case of default in the payment of rent for three consecutive months the landlord would have the right to evict the tenant. Md. Younu......ot available and accordingly defendant offered rent for the months of January and February, 1994 on 01.03.1994 but the landlord refused to accept rent and thereupon rent was remitted by postal money order on 01.03.1994 and 06.03.1994 for the respective months and the money orders so sent hav..Category: Property Law | Date: | Hits: 23
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....sion of the same; that for acquisition the plaintiff respondent Abdul Hakim was given compensation money and received the same in full; and he got rehabilitation plot allotted for him. The further claim of the appellants that the plaintiff's suit is barred under Section 14, sub-section (1) of the......the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge, First Court, Dhaka praying for permanent injunction against the defendant Government of Bangladesh and other Government O......cefully. The Government of the People's Republic of Bangladesh Acquired 14.70 Acres of land out of 23.43 acres in L.A. Case No. 13 of 1959-60 and Abdul Hakim (respondent) received compensation money for .92 decimals and hence 28 decimals of land in the share of the said plaintiff respon..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
.... of the names of the parties appalled to have committed such corrupt or illegal practice or illegal act and the date and place of the commission of such practice or act; and the relief claimed by the petitioner. (2) A petitioner may claim as relief any of the following ......Division on 20th and 21st April, 2002 in Election Petition No. 3 of 2001 dismissing the same on the ground of maintainability. 2. The appellant, Giasuddin Quader Chowdhoury, Presented the aforesaid Election Petition No. 3 of 2001 before the High Court Division against the respondent No. ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... 2. The relevant facts, in brief, are that Debendra Chandra Sharma father of the present respondents instituted the Title Suit No. 448 of 1987 in the Court of Assistant judge, Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plai......e purpose of avoiding preemption and to save stamp duty, he, on the advice of The scribe Ashraf Ali (D.W.3) created an exchange deed on 9.3.82 on receipt of taka 18000/00 as consideration money in respect of his schedule 1 (kha) of the plaint that by showing a sham transacting with tha..Category: Property Law | Date: | Hits: 27
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