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Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......rlier suit is illegal and not binding upon the plaintiffs and not related to ‘Ga’ schedule land of the plaint and that for a declaration that defendant No. 1 has not acquired any right, title and interest over 90 decimals of - ‘Kha’ schedule land and further declaration that the plaintiffs a..Category: Property Law | Date: | Hits: 101
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......rs of Yasin Ali is admittedly not in possession of the suit land which created doubt about the genuineness of Ext. A and that Ext. 1 the kabala by which plaintiff Nos. 1 and 2 have purchased the interest of Sajjad Ali's 8 annas share and " Ext. 1(a) a deed written by Abdul Aziz who used to..Category: Property Law | Date: | Hits: 76
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......bsp; an administrative body may, in a proper case, be bound to give a person who is affected by their decision an opportunity of making representations. It all depends on whether he has some right or interest, or, I would add, some legitimate expectation, of which it would not be fair to deprive him..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......ision case, which was discharged on contest by the judgment and order appealed from. 3. Leave was granted virtually to consider as to whether in view of the decision of this Division that interest in a monthly tenancy is heritable and the fact that the ex parte decree obtained in O.C. Su..Category: Procedural Law | Date: | Hits: 83
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ...... property. The Court of appeal below also found the suit land originally possessed by Baisnab was succeeded by his son Abhoy charan and Anada and thus Jituram or his successive heirs neither have any interest nor had possession in the suit land. Apart from PWs. supporting the possession of the pla..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......espect of the suit property showing Romesh Chandra as executant. In fact Romesh Chandra had no right, title or possession in the suit property. The plaintiff could not claim any right, title and interest or possession in the suit property on the basis of said forged and collusive kabala and the..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......st the judgment and order dated 23.08.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for decla..Category: Property Law | Date: | Hits: 63
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......s of fact arrived at by both the courts below. 6. Mr. T. H. Khan, learned Counsel, appearing on behalf of the respondent No. 1 submits, inter alia, that Amir Ali, the predecessor in interest of the plaintiffs was admittedly the owner of the property and that there being no evidence..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......n disturbing the concurrent finding of fact arrived at by the Courts below holding that the claim of title on the basis of the award over the suit land have no legal value creating any title and interest over the suit land and that the plaintiff on the basis of alleged purchase from Jalal Ahmed..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......nt of Bangladesh acting through the Ministry of Communication asked the Chief Engineer of the respondents to cancel the contract dated 3.9.1990 for construction of the flyover in the greater national interest and to communicate the same to the appellant. The Chief Engineer by his letter dated 2..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ....... He argued that admittedly the appellant being outside Bangladesh for six years it is necessary for the Government to form an opinion that his residence outside Bangladesh is prejudicial to the interest of Bangladesh before treating the property as an abandoned property. In the facts and ..Category: Civil Law | Date: | Hits: 128
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......ey Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of certain undelivered goods and for compensation at the rate of 20% thereon, in total for a sum of Tk.5,77,500/- and interest and costs at the rate of 20% per annum till realization. The defendant in its written state..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......e plaint with Abdur Rahim and Nur Ali by a registered patta being No. 2515 dated 7.7.1896 on acceptance of a registered kabulyat being No.2516. Abdur Rahim and Nur Ali are common predecessors-in-interest of both plaintiffs and defendants. After taking settlement Abdur Rahim possessed southern 1..Category: Property Law | Date: | Hits: 66
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......hich practically gives the principal relief, either in entirety or substantial part of the relief sought in the case without taking into consideration the balance of convenience, the Public interest and lots of other considerations. 11. The learned Counsel for the appella..Category: Employment/Service Law | Date: | Hits: 109
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......nning the affairs of the Bank but in fact they are helping the persons who are in the helm of the affairs of the Bank and this shows that the action of the contemner-appellants are detrimental to the interest of the Bank and they are also deliberately and intentionally bent upon to frustrate the ord..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... petitioner herein to repay the said outstanding loan by 14.8.1998 and further directing that in default, the respondent herein will be entitled to recover the said outstanding amount along with interest and costs by sale of the mortgaged properties. 4. The present petitioner being aggri..Category: Property Law | Date: | Hits: 110
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......peal before this Division. 5. Leave was granted to consider the submissions that the appellant as was not a party in the dispute case and was also not made party in the appeal and his interest as was affected by the judgment and order passed by the learned Additional District Judge ..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......onsequent thereupon Government becomes the owner of the property. The person whose property is acquired under the Act and consequent thereupon vests in the Government, he is not entitled to claim any interest in the land so acquired. In that view of the matter there was no scope for the plaintiffs, ..Category: Limitation Law | Date: | Hits: 189
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