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Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e land was exchanged with Moksed but the record of right of the land got by exchange by plaintiffs was wrongly prepared in the name of Moksed, that the heirs of Moksed registered a deed of disclaimer on February 6, 1976 in favour of the plaintiffs and defendant No. 1 as regard the land of P...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Abdul Kashem, Advocate-on-Record—For the Respondent Nos. 1-2. Not Represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 621 of 2007. (From the Judgment and Order dated December 11, 2006 pa......he 'Ka' schedule land belonged to Wazed and Faizuddin and they mortgaged the 'Ka' schedttle land to Karim, that Karim filed Money Suit No.7 of 1950 during the lifetime of Wazed and Faizuddin since money borrowed was not paid by them and obtained decree, that the defendant No. 2 Sharupjan purchas..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land whi......dered for a fresh auction-sale of the said land by order dated 16-6-1969, but no such fresh auction-sale was held by the concerned authority. The plaintiff-respondent No.1 did not receive back his money he paid for auction purchase and he continued to possess the said land he purchase..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....ndari in the benami of Upendra Lal Chowdhury and Prafulla Bala Debt and got delivery of possession through Court. Upendra Lai Chowdhury by registered deed dated 22-9-1922 relinquished his claim in favour of Abala Sundari and Abala Sundari got delivery of possession on 31-5-1923. Praful......sp; December 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by ......vered possession to her. RS Khatian finally stands recorded in the name of Abala Sundari. The suit land was hillock and full of jungle. Abala Sundari converted the same by expending huge amount of money. Abala Sundari while in possession made an agreement for sale with the predecessor of the pla..Category: Property Law | Date: | Hits: 20
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
.... above judgment and order stating, inter alia, that the case property being an abandoned property vested in the government by operation of law and the petitioner completely failed to establish her claim in the case property and further, the case property was not also sold by its original owner ......ab Ali, Advocate-on-Record—For the Petitioner. Md. Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by......ere 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: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....during the subsistence (Kvh©KiZvKv‡j ) f the Emergency. 13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much......tion, since he was, in any respect, not fleeing or running away from the law or the Court, or avoiding process of the Court. 2. It was contended from the side of the appellants that in the first information report offence alleged against the writ petitioner is a cognizable one and, as such, being...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......Record-For the Petitioner. Nawab Ali, Advocate-on-Record-For respondent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the...... fide landlord of suit property and intended to deposit the rent with the House Rent Controller till the dispute is resolved. It was further stated that the petitioner sent the rent of Tk. 150/- by a money order to the Liquidator, Government of Bangladesh on 31.12.1987 but the same was returned back..Category: Tenancy Law | Date: | Hits: 148
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....lding that the fact of previous separation of the brothers prior to purchase of the suit land could not be presumed to be true and the plaintiff failed to prove separate business and the claim of purchase of the suit land out of his own earning and the plaintiff also failed to prove hi......bubey Alam, Senior Advocate (J.N. Deb, Advocate with him) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 406 of 2005. (From the judgment and order dated 16th January, 2005 p......that the plaintiff, within such a short time of starting his private business, could purchase the suit land and observed that the plaintiff failed to prove his business from which he obtained money to purchase the suit land and accordingly dismissed the suit holding that the fact of previou..Category: Property Law | Date: | Hits: 23
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....us evident that the leasing authority, even after satisfactory performance of the lease, has the option not to grant renewal of the lease and thus the petitioners, who are the lessees can not claim renewal as a matter of right and moreover as per clause 1 of the Angikarnama admittedly signe......te-on-Record-For the Petitioners. (In all cases) Hasan Faiz Siddique, Additional Attorney General, Zahirul Islam, Advocate-on-Record-For the Respondents (In all cases) Civil Petition for Leave to Appeal Nos. 1082-84 of 2007. (From the judgment and order dated 3.6.2007 passed......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
....rs in the aforementioned writ petitions approached the Ministry of Land Administration and Land Reforms seeking release of more or less 31 acres of land of mouza Mohakhali of Police Station Gulshan claiming to be the owners of the said land but unauthorisedly possessed by the T&T &...... arising of Writ Petition Nos.1170,1171 and 1172 of 1995, rejecting the review petitions. The review petitions were filed against the judgment dated June 10, 1996 making the Rules obtained in the aforementioned writ petitions absolute and thereupon declaring that the land measuring 29.99 acres w...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....fendants got the share of Wazuddin Pramanik and Moyezuddin Pramanik by amicable partition and thus is in possession of the land in suit upon assertion of the right, title and interest and also claiming title adversely against others for more than 12 years, that S. A. record having been wron......ved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 587 of 2005. (From the judgment and order dated March 14, 2005 passe......is seen that at the time of pattan he was a boy of 6 years "and as such it is hard to believe that he took pattan of the suit land" and that he (P.W. 11) admitted "he did not pay any money on the day of pattan", that in the amalnama Ext. 2 "the names of the landlords hav..Category: Property Law | Date: | Hits: 25
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ...... Lawyers Involved: M. Enayetur Rahman, Advocate instructed by Mrs. Sufia Begum, Advocate on-Record - For the petitioners Not represented – the Respondents Civil Petition for Leave to Appeal No. 1054 of 2004. Judgment M. M. Ruhul Amin J. - This petition fo...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ..Category: Civil Law | Date: | Hits: 92
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....etitioners submits that in the F.I.R. the police depicted the present petitioners as victim and it is alleged that they were used for the purpose of prostitution by the two accused. The petitioners claim that they are in no way connected with the allegation made in the FIR. The learned Advocate ......n QC, Senior Advocate and Advocate A.M. Mahbubuddin with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioners Not represented - Respondents Civil Petition for Leave to Appeal No. 807 of 2003. (From the judgment and order dated 29th of March, 2003 ......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....ngenial and healthy atmosphere in the house of the plaintiff since the plaintiff is a low paid private service holder and unable to pay for the daily needs of the minor child and as such plaintiffs claim or the custody of the minor child merits no consideration. 5. The Family Court dismiss......1999). Judgment Md. Ruhul Amin J. - This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and or......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....emo dated 05-07-1998 and 14-03-2003 (Annexure-E and F in the writ petition). 5. The appellant-writ-respondent contested the above writ petition by filing affidavit-in-opposition denying the claim of the respondent and stating, inter alia, that the writ petition is not maintainable inasmuch......oyees of his cadre and grade in the Supreme Court of Bangladesh and those in the Ministry were given pay scale of Tk. 1475-3150/- with effect from 01.06.1991 and the scale of pay was enhanced both for the employees of the Supreme Court and those in the Secretariat to Tk.2250/- with effect from 1......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....t and also under section 10 (1) of the said Act and since the petitioner company intend to introduce new products with the self same mark and filed an application for registration of the mark they claim to be an aggrieved person both within the meaning of sections 37 and 46 of the Trade Marks Ac...... Not represented - the Respondents. Judgment M. M. Ruhul Amin J. - These petitions for leave to appeal are directed against the common judgment and order dated 04.08.2002 passed by a......ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ..Category: Intellectual Property Law | Date: | Hits: 172
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....lling the property at a sum of Tk. 11,75,000/- by taking permission from the court. During pendency of the aforesaid mortgage execution case Other Suit No. 22 of 1998 was filed by some 3rd parties claiming their title over the property and for declaring that the mortgage suit was illegal and for...... Lawyers Involved: Giashuddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not Represented – The Respondent. Civil Petition for leave to Appeal No. 886 of 2003. (From the judgment and order dated 12.03.2003 passed b......on and agreed to sell the mortgaged property to the petitioner at a consideration of Tk.11,75,000/- in 1990 and accordingly the petitioner paid 10% on account of advance out of total consideration money by S.D.R. No.436756 dated 26.07.1999 but the bank, the respondent No.2 did not execute the de..Category: Banking Law | Date: | Hits: 90
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....avour of the Respondent No. 2 i.e. Sonali Bank, Branch at Munshipara, Dinajpur against the petitioner on contest and against the other defendants ex-parte. The Bank filed the Artha Rin Adalat Case claiming Tk. 1,10,84,572/-. 2. The suit was contested by the writ-petitioner by filing writt......6. Lawyers Involved: Najibur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 987 of 2003. (From the judgment passed on May 7, 2003 by the High Co...... 4. The writ petition was filed stating, inter alia, that the writ-petitioner was neither the Director of the Company, M/s. Sun Flower Fabrics (Private Limited), and that he did not borrow any money for the establishment of the said Company and also did not execute jointly or singly any docu..Category: Civil Law | Date: | Hits: 73
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....d paid monthly rents to the plaintiff for the month of January and February, 1998 but stopped payment of monthly rents from the month of March, 1998 and thereby became a defaulter. The plaintiff also claimed that he had bonafide requirement of the suit premises for starting business therein and acco......s Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 ......eath of Md. Yakub Ali, his son Mahbubur Rashid refused to received rent of the suit shop No. 3 and 4 and at the request of the said Mahbubur Rashid rent from the period from 1993 and 1994 was sent by money order and the said Mahbubur Rashid received the said money order and that rent for the month o..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....paid to the plaintiff by the defendant, the landlord, and as the defendant is willing to return only the amount of salami received by her against the said shops and is also agreeable to pay further claim of the plaintiff along with compensation to be decided by way of arbitration, injunction as p...... M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by......e plaintiff, the tenant, is willing to vacate the premises if he is given a total sum of Tk. 20,45,000/- by the defendant, the dispute between the parties remains only in respect of quantum of money to be paid to the plaintiff by the defendant, the landlord, and as the defendant is willing ..Category: Alternative Dispute Resolution | Date: | Hits: 192
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ......t filed the writ petition stating, inter alia, that the appellant is a business firm dealing, inter alia, with auctioning business submitted tender in auction tender sale No. 9/97 dated 30.4.1997 for purchase of 2350 pieces of Toshiba Brand Fluorescent Tube Light and 392 sets of National Brand ......val dated 2.6.1997 (Annexure-"E-1" to the writ petition) and as such the aforesaid approval is illegal and malafide. That it is stated that when the appellant deposited 10% of the earnest money out of his highest bid in sale No. 9/97 has accrued a vested right and when the said sale wa..Category: Others | Date: | Hits: 80
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