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Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)

....the opposite party No. 1 to 4 did not challenge the said order in any Court. 5. Bivash Chandra Biswas, learned Advocate-on-Record, appearing for the petitioner submitted that the petitioner claims the land comprising 0.01½  acres of land of B.S. Plot No. 7440 is larger in area...... Judgment September 16, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 792 of 2006. (From the judgment and order dated the 25 day of May, ......n the submissions of the learned Advocate-on-Record for our inter­ference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ..

Category: Civil Law | Date: | Hits: 94

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....d from plot No. 455 and 0.6 decimals of land from plot No. 546, Afazuddin Mullah and Karim Mullah transferred 0.25 deci­mals of land to Nizamuddin by kabala dated 24.02.1947. Plaintiff gave up claim in respect of 0.12 ½ decimals of land of Karim Mollah in favour of those defendants. ......wyers Involved: A. K. M. Shafiqul Alam, Advocate, instruct­ed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. None represented-For Respondents. Civil Petition for Leave to Appeal No. 604 of 2006. (From the judgment and order dated 10.03.2004 passed b......d to Fazal Mollah and Karim Mollah in equal share. Karim Mollah died leaving behind Malek Mollah and others. Money Suit No. 163 of 11933 was filed against them and share of Karim Mollah was sold in money Execution Case No. 286 of 1993 and it was purchased by defendant No.5 in the behami of Charu..

Category: Property Law | Date: | Hits: 21

Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)

....om­mitted error of law in not appreciating that the respondents were appointed under the petitioners as tappers purely on contractu­al basis and under the terms of the contract they cannot claim to be the permanent workers. 9. It appears from the letter of appoint­ment of the ......). Not Represented-Respondent Nos.1-14, 16-49 (In Civil Petition No.1204 of 2005). Not represented- Respondent Nos.1-8, 10-33 (In Civil Petition No.1205 of2005). Civil Petition for Leave to Appeal Nos. 1203-1205 of 2005. (From the judgment and order dated 04.04.2005 p......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..

Category: Labour and Industrial Law | Date: | Hits: 65

Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)

....d in Title Suit No.244 of 1966 on 31.07.1973. The judgment-debtor of those two decrees have not come forward to depose before the Court at the trial. One Bidhan Chandra Sana, son of Nilkrishna Sana claiming him to be attorney of the present petitioner filed the suit on 22.11.1993. it appears from...... Nawab Ali, Advocate-on- Record-For the Petitioners. S. R. Khoshnabish, Advocate-on-Record-For Respondent No. 5. None represented- For Respondent Nos. 1-4, 6-16. Civil Petition for Leave to Appeal No. 245 of 2006. (From the judgment and order dated the 28th November, ...... sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..

Category: Property Law | Date: | Hits: 23

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....t any nexus with the statement of accounts and several exhibits produced for proving the liabilities of the respondents and as such the plaintiff-appellant bank is entitled to get a decree for the claimed amount" which on the face of it, is without any reason and basis and therefore committ......Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005......k sanctioned loan to defendant No.1 on Murabha investment basis for a sum of Tk. 20,14,087.00 for machinery and the defendants accepted the sanction letter which is fixed for repayment of the loan money together with profits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the..

Category: Banking Law | Date: | Hits: 97

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....ing the transfer was made in September 1958, and it was not until August, 1959, that evacuee properties generally were vested in the Government by notification and so became available for transfer to claimant refugees and others. A Provisional Transfer Order was issued in favour of Ata Ullah Malik, ...... Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under sec......ng to which is entered into on or after the twenty-sixth day of July 1949, if the agreement was entered into before the said date in respect of which more than twenty per centum of the consideration money remained, on the said date to be paid by the vendee to or to the account of the vendor; (a..

Category: Property Law | Date: | Hits: 28

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... Mahbubey Alam, Senior Advocate, instructed by Syed Mahbabar Rahman, Advocate-on-Record-For the Petitioner. Fakhrul Islam Advocate-on-Record-For the Respondent No. 2. Civil Petition for Leave to Appeal No. 751 of 2006. (From the Judgment and order dated 6th March, 2006 pass......led by the petitioner himself being Title Suit No. 14 of 1999 before the Subordinate Judge. The President of the Waqf Estate and its Committee in collusion with his fellow men has been taking away money from the Waqf Estate without maintaining any proper account inspite complaint to the office o..

Category: Trust/Waqf Law | Date: | Hits: 173

Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)

....e respondent No. 3 and how the petitioner's right to enjoy light and air can be effected. Further both the petitioner and the respondent No. 3 are the lessee of the Government land under RAJUK and to claim an amount of light or air it must be enjoyed without interruption for sixty years. Creation of......ed by Amir Hossain Chowdhury, Advocate-on-Record-For the Petitioner. A. F. Hassan Ariff, Senior Advocate, instructed by Ataur Rahman Khan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 588 of 2000. (From the Judgment and order dated 23rd May, 2000 passed by ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is disĀ­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..

Category: Property Law | Date: | Hits: 36

M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)

....om Bangladesh Bank. 4. That in view of the facts and cir­cumstances stated above as the Court by a judgment and order dated 02-06-2003 passed in Admiralty Suit No. 12 of 2001 allowed the claim of the Mongla Port Authority and directed Marshal of the Court to pay Tk. 2,35,30,804.94 fro......te, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-Petitioner Hafizullah, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Civil Petition for Leave to Appeal No.1143 of 2004. (From the Judgment and Order dated August 01. 2004 pass......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 199

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

....the outstanding amount. It has also been contended that ingredients of Sections 406 and 420 of the Penal Code are not attracted in respect of the transac­tion in the course of which the amount claimed by the respondent No. 2 has fall­en due since there was no entrustment of any property ......ld pay Tk. 6,00,000/- and the balance amount would be paid in 6 equal monthly install­ments. The accused-appellant failed to keep his commitment as per the undertak­ing and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to th......8 and the accused-appellant replied to the legal notice denying the payment of the amount due. On September 3, 1998 there was salish for the 2nd time and therein the accused-appellant admitted the money due from him and issued 3 post dated cheques of October 25, 1998, November 25, 1998, December..

Category: Criminal Law | Date: | Hits: 32

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

....igh Court Division made the Rule absolute holding that after the suit was fixed for preemptory hearing the defendant petitioner filed an addition­al written statement making a suit for counter claim against the plaintiff/respon­dent No.1 which changed the nature and character of the suit......s, 46 DLR (AD) 174. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner S.R. Khosnabish, Advocate-on-Record-For Respondent Nos.1. Civil Petition for Leave to Appeal No. 800 of 2007. (From the judgment and order dated 8.3.2007 passed by ......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. ...... A. Y. Mosihuzzaman, Advocate instructed by Mr. Md. Nawab Ali, advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1589 of 2006 (From the judgment and order dated 14.05.2006 passed b......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

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....ed deed dated 29.02.1992 and hence forth the (pre-emptee) has been continuously in possession within the knowledge of the pre-emptor and hence the pre-emption petition was barred by limitation. The claim of the petitioner as a tenant holding land contiguous to the case land was also not correct ......ammad Abul Bashar, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1393 of 2006. (From the judgment and order dated 28.11.2005 passed ......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ..

Category: Property Law | Date: | Hits: 25

Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)

....ourt and paid rent and during their possession the S.A. Khatian recorded was correctly pre­pared in their names; that Shashadhar and others did not settle any land in favour of the plaintiff as claimed by them. On 04.06.1943 the plaintiffs were minor, Shashadhar took a loan from Jharu Bachha...... Judgment February 5, 2008. Lawyers Involved Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not rep­resented- the Respondents. Civil Petition for Leave to Appeal No.77 of 2006. (From the judgment and order dated the 3rd August, 2005 ...... hesi­tation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ..

Category: Property Law | Date: | Hits: 22

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. ...... Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners (In both cases). Not represented- the Respondents (In both cases). Civil Petition for Leave to Appeal Nos. 318-19 of 2007. (From the judgment and order dated 5.11.2006 passe......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

Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)

....sed to purchase the said land and ultimately the land measuring .23½  acres was purchased by the plaintiff  by registered deed dated 12.01.1968. In the amended plaint the plaintiff claimed that their predecessor by registered deed dated 29.12.1953 purchased .23½ decimals f......e Petitioners. Not represented- the Respondents. Civil Review Petition No. 122 of 2008. (From the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No.1642 of 2007. Judgment       &nb......ew of the judgment passed by this Court. We find no merit in this review peti­tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ..

Category: Property Law | Date: | Hits: 28

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

....he appellate court and in that view of the matter the impugned judgment is liable to be set aside. 8. It appears that admittedly the plaintiffs are owners of the suit land and the defendants claim to be borgadars under the plaintiffs. The High Court Division right­ly held that the auct...... 7, 2008. Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Civil Petition for Leave to Appeal No.753 of 2006. (From the judgment and decree dated 25.10.2005 passed b......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. ......titioner. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 315 of 2005. (From the judgment and order dated 01.11.2004 passed by...... 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. ......rt Division in First Miscellaneous Appeal No. 613 of 1991. 2. The appellant instituted Title Suit No.153 of 1982 in the Court of Subordinate Judge (now Joint District Judge) 1st Court, Dhaka for specific performance of contract. The above Court having found that the summons of the above su......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

Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)

....to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no notice of the sale was served upon the pre-emptor. It was the pre-emptor's claim that the land so transferred to the pre-emptee is homestead with adjuncts not connected with ......the sale was served upon the pre-emptor. It was the pre-emptor's claim that the land so transferred to the pre-emptee is homestead with adjuncts not connected with agriculture. 2. The prayer for pre-emption was contested primarily on the ground that the Miscellaneous case filed under secti......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..

Category: Property Law | Date: | Hits: 30