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Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....No. 1 of 1992 seeking preemption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed holding by purchase. It was the case of the pre-emptors that......d the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a colorable transaction upon showing exchange of 'ka' schedule land in favour of pre-emptee for 'kha' schedule land in favour of the respondent No. 4. It was the positive case of the pre-empt......urement P.Ws 2 and 4 having said that there was in fact a sale and not an exchange between Mosharraf Hossain and Sree Partha Banik and most importantly there is an element of exchange of money as consideration instead of exchange of land with land and having considered all the evidence..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......991 (Civil Revision No. 139 of 1989, Comilla) making the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the G......dation award is made. This view was also expressed in the case of Bangladesh vs. Barekunnessa 4 BLC (AD) (1999) 130. In the instant case it was evidently found by the Court below that compensation money was deposited in the civil deposit which sufficiently indicates that award was made by the Co..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....e Division Bench presided over by Mr. Justice Mahmudul Amin Chowdhury on 3.12.1997 and the Hon'ble Court was pleased to reject the application observing, inter alia, that while the learned Advocate claims to have not been Present in Dhaka on 7.2.1996, he being in Noakhali but in the order book da...... leave is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number aris......or realization of Tk. 5,86,701.66. The said suit was transferred to the 4th Court of Subordinate Judge, Dhaka and the suit was numbered as Money Suit No. 4 of 1990. The suit was for realization of money for supply of stones to the appellant. The defendant-appellant contested the suit by fil..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
....n possession of the land in suit since 1356 B.S and that during R.S operation defendants managed to get the land in suit recorded in their names and on the basis of the said wrong recording raised claim in respect of the land in suit and also threatend the plaintiff to dispossess from the land i......Huq, Advocate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 632 of 2002). Judgment &nb...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....gladesh Textiles Mills Corporation reported in 41 DLR 138 that:- "The petitioner is an employee of a statutory Corporation. He is not a government servant. He cannot claim a second opportunity to show cause as a matter of right. But if his Service Rules or Regulat......to remote areas and it was not possible to stop pilferage of power, and further a sum of Tk. 21,43,940,63 paisa remained outstanding with the Government offices and many consumers are not traceable for which another sum of Tk.4,77,181.54 remained outstanding. Thereafter, on 21.8.1996 the appellan......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
.... Tk. 1,80,000.00 as damages as he could not utilize his import license for 16 import periods because of refusal by the defendant-appellant bank to supply L/C authorization. The plaintiff respondent claimed that he is further entitled to get mesne profit which he assessed at Tk. 1,00,000.00 on acco......ion Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of imported goods or price of the goods amounting to Tk. 4, 81,516.00. mes......n favour of the plaintiff respondent. 8. We have considered the pleading as well as the evidence on record and we do not find any evidence on record to show that the plaintiff had ever paid any money either at the time of opening of LIM accounts and/or at the time of demanding for delivery of ..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....m could not be established. Record of rights in the case reflects the correct state of affairs and reliance has been placed by the High Court Division in decision reported 9 DLR 467. 8. The claim of the plaintiff that he took oral settlement of the suit land. The High Court Division has h......rhat in Title Suit No. 396 of 1975 dismissing the Suit. 2. Rakhal Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession there....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..Category: Property Law | Date: | Hits: 26
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......3 and 4 (herein respondent Nos.1 and 2). 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725,92/- (as on 24.6.1996) impleading as many as 7 defendants includin......f fertilizer to the defendant Nos. 1 and 2, they obtained loan from the Bank upon hypothecation/pledge of the said fertilizer and the Bank vacated the said defendants of utilize the loan money on the basis of their agreement of purchase with defendant Nos. 3 and 4. 9. It ap..Category: Civil Law | Date: | Hits: 121
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....sion further held that the court of appeal being the final court of fact was required to see for himself if there is any overwriting in the bainapatra which is the basic document of the plaintiff's claim. In the face of specific finding of the trial court in this respect the appellate court......passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen ...... of the plaintiff with stipulation that necessary sale deed in respect of the suit land would be executed and registered within a period of three years on receipt of the balance consideration money of Tk. 3,000/-. Thereafter, Suresh Chandra Sen died on 10.02.1981 leaving behind as his heir ..Category: Property Law | Date: | Hits: 31
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....of title, confirmation of possession and further relief of permanent injection in respect of 8 kanis, 10 gandas and 2 karas of land described in the schedule attached to the plaint. The plaintiffs claimed the said land by purchase in between the period February 1982 and November 1984. 2. ......e further case of the plaintiffs was that there were fellow lands and jungle land adjacent to the pattani land and the pattan holders and their heirs made said excess land, "Gunjaish" fit for cultivation and thereby the pattan holders had been possessing land more than their pattani la......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
.... on 29.3.1983 for the first time and the pre-emptee appellant in the meantime got possession of the land and structure from Syed Amzad Hossain, the attorney holder. The pre emptor respondents claimed that the pre-emptee appellant is a stranger purchaser whereas they are co sharers by inheri......he kabala in favour of the pre-emptee appellant, subsequently, when the attorney failed to execute and register a Kabala in favour of the pre-emptee appellant she brought O.S. No. 9 1975 for specific performance of contract and obtained an ex parte decree which was executed and a ......t maintainable and the pre-emptor respondents are not entitled to file any pre-emption case as they themselves transferred the disputed land by disputed kabala. She is in possession, has spent huge money for repair of the structures and for earthwork of the case land. 6. Both the trial cou..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Sectio......at home in the same courtyard along with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the accused started demanding money from his father by selling land for going abroad again and for non compliance he created..Category: Criminal Law | Date: | Hits: 55
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ld part the properties described in the schedule of the plaint to the appellant by a registered Kabala dated 23.12.62 the respondent No.1 instituted O.S. No. 75 of 1963 against her laying claim to a part of the said properties on the basis of the nullified deeds of gift dated 31.1.41 a......the Suit. 2. Mrs. Fatema Khatun (now dead), the mother of the appellant instituted the above Other Suit No. 247 of 1978, where in the respondent No.1 and the appellant were impleaded as pro forma defendant Nos.1 and 2 respectively. Praying for a declaration that the agreement of compromis......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....dent Nos. 2-3 contested the Rule and filed affidavit-in-opposition stating inter alia that while re-employing the respondent No.1 it was specifically mentioned that he would not be allowed to claim seniority on the basis of his previous appointment the case of the 24 employees as cited was ......way, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was no provision for allowing an employee to go abroad ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ch other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,00/- and another for Tk.15,000,00/- and that the complainant presented the cheques o......d the cheques on 10.02.2001 but the cheques being bounced he again presented the cheques on 25.02.2001 but still the cheques were returned unpaid on 26.02.2001 and then the complainant demanded the money sending a notice dated 10.03.2001 giving the accused 15 days time to make the payment but st..Category: Business or Commercial Law | Date: | Hits: 138
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....of Government and as such the expression Government as in the Rules of 1986 means, the president and "as such the president is the appointing authority of the appellant". Although it was claimed by the respondent (in the AAT), the then Secretary of the ministry of LGRD and co-operative......was party in the Administrative Tribunal Case No.135 of 1991 and in AAT Appeal No. 20 of 1997) who was impleaded in the A.T case by name since there were certain allegations in the petition filed before the Administrative Tribunal by the respondent No. 1 Executive Engineer, Local Government Engi......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....pellate court as arrived at a clear finding as to the title of the plaintiff on consideration of the evidence, both oral and documentary, and also as arrived at a finding that defendant No.1 has no claim in the land in dispute other than being a lisencee from his father on the same and as such l......o the plaintiff on December 1, 1977. Plaintiff's Cases is that land in suit is of plot No.1063 (old plot No.1330) as des scribed in the 'kha' schedule. The plaintiff out of the said land has prayed for recovery of possession of 4½ decimals of land possessed by the defendant, responden...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ..Category: Property Law | Date: | Hits: 46
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......ion by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Cha......1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Chandra Das executed an unregistered b..Category: Property Law | Date: | Hits: 32
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... 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: 1 ADC (2004) 306. ......ndent Nos. 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order dated July 13, 1999 passed by the High Court Division in Civil Petition for leave to Appeal No. 129 of 1999 [heard along with C.P. No. 52 of 1999]). Judgment ...... 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: 1 ADC (2004) 306. ..Category: Employment/Service Law | Date: | Hits: 72
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......nbsp; Mohammad Fazlul Karim J. - The accused respondent along with others were tried under section 396/412/34 of the Penal Code with allegations that on 1.10.1986 at about 8 P.M in the night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.3 Subal Kumar Saha and deceased Monsur Ali we......in the night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.3 Subal Kumar Saha and deceased Monsur Ali were returning home in the boat of deceased Entaz Ali with bundles of clothe and cash money from Bumagati hat (weekly) market. At about 8.30 P.M. when they with their boat reached at th..Category: Criminal Law | Date: | Hits: 49
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