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Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)

....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 889. ...... Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner (In both the cases) Not represented-Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 392 & 393 of 2003 (From the judgment and order dated 23.11.2002 pass......an agreement on 01.11.1981. At the time of such execu­tion, her close relatives were present. Thereafter, on 09.02.1982 she executed the impugned kabala deeds on receipt of the balance consideration money through cheque and in cash. The defendant purchased the said land in her name by one deed and ..

Category: Tenancy Law | Date: | Hits: 155

Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)

....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......cord-For the Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridus Paul, Advocate-on-Record-For Respondents. Not repre­sented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1564 of 2004. (From the judgment and order dated 11th March, 2003 passe......for which service charge at fixed rate is realizable from the candidates selected for getting employment abroad; the defendant No. 2 since his joining engaged himself in all ill practices to extort money from the Bangladeshi nationals seeking overseas employment and other subordinate officials o..

Category: Employment/Service Law | Date: | Hits: 71

Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)

....y change the nature and character of the suit; the trial Court give the finding of possession of the suit land in favour of the plaintiffs on consideration of the fact that though D.W.4, Aroz Ali, claimed possession of the suit land through their bargadaras Shamsu and Keramat, but none of them w......s......Respondents Judgment April 24, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1283 of 2004. (From the judgment and order dated 8th March, 2003 passed...... 3. The learned counsel for the petitioners submits that the lower appellate court, the final court of facts, having found that the suit land has not been specified and that the consideration money of the deed dated 29.4.1963 having not been passed, dismissed the suit but the High Court Div..

Category: Property Law | Date: | Hits: 25

Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)

....llege authority denied the plaintiffs title in the suit land, Hence, this suit was filed. 3. The leave-petitioner as defendant No.1 contested the suit by filing written statement denying the claim of the respondent-plaintiff No. 1. 4. Upon hearing the parties, the learned Assistant J......d-For Respondent No.1 Not represented-Respondent Nos. 2-4 Civil Review Petition No.6 of 2005 (From the judgment and order dated 03-03-2003 passed by this Division in civil petition for leave to Appeal No. 356 of 2002). Judgment Syed J. R. Mudassir Husain CJ. - This ......e of review.  Hence, we find no ground to review of our judgment. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ..

Category: Property Law | Date: | Hits: 53

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....­ing application before of the High Court Division under section 81(2) read with section 85(3) for condonation of delay and hence the application. 3. An application affirmed by one Li Tze Keung, claiming him as the managing director of the company, was then filed contents of which were however ...... M.A. Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by th......d files of the company from its office and pursuant to the above GD, the police on 10.3.2005 recovered from Sohel some documents including the cheque book maintained with HSBC Bank from where all the money was earlier withdrawn by the peti­tioner; further by a letter addressed to the police Sohel t..

Category: Business or Commercial Law | Date: | Hits: 151

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....bed in the schedule attached to the plaint. Plaintiffs filed the suit stating, inter alia, that their predecessors were the C.S. recorded tenants and that at the time of R.S. survey operation land claimed has been recorded partly in their names and partly in the names of the heirs of the landlor......y leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and there­upon sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further ......ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..

Category: Property Law | Date: | Hits: 19

Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)

....e of die suit land in the banami of proforma defendant No.4 and that the trial court has clearly noticed that the proforma defendant No.4, being a mere benamder of the plaintiff did not contest the claim of the plaintiff; since the trial court as well as the appellate court considering the evide......ioners. Harendra Nath Nandi, Advocate instruct­ed by Prinash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 Not repre­sented-Respondent Nos. 2-14 Civil Petition for Leave to Appeal No. 1303 of 2004.    (From the judgment and order dated 2...... accordingly the plaintiff, through his benamdar the proforma defendant No.4, by several registered kabalas sold some lands in favour of the above defendants on receipt of the entire consideration money which he spent for the education of his son Dr. Badiuzzaman Mallik MRCP; in course of time en..

Category: Property Law | Date: | Hits: 63

Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....f Aminuddin, Jamiruddin and Yasin but Aminuddin in collusion with the survey officials got the land recorded in his name alone, that Aminuddin inspite of record of right prepared in his name never claimed more than 1/3rd share in the land of C.S. Khatinans, that Aminuddin transferred 3¼ d......Abu Siddique, Advocate-on-Record-For the Petitioners Sufia Khatun, Advocate-on-Record-For Respondent Nos. 3 and 9 Not represented-Respondent Nos. 1, 2, 4-8 & 10-49 Civil Petition for Leave to Appeal No.1491 of 2004 (From the Judgment and Order dated January 28, 2004 passed ...... High Court Division of the kind call­ing for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..

Category: Property Law | Date: | Hits: 23

Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)

....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......1993 reversing those of the Assistant Judge, Pangsa, Rajbari, dated 28.04.1993 in Title Suit No. 44 of 1985 dismissing the same. 2. The leave petitioner filed the Title Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contrac......sell the land described in the schedule of the plaint for a consideration of Tk. 3,000.00 and there­upon executed a kabala in fabour of the petitioner on receiving the entire consider­ation money but the defendant-respon­dent  No. 1 on different pretexts delayed the registration..

Category: Property Law | Date: | Hits: 30

Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)

....ing cogent reasons does not require interference by us. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ...... Lawyers Involved: Saidur Rahman, Advocate, instruct­ed by Md. Ahsanullah Patwary, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 230 of 2006 (From the judgment and order dated 16.11.2005 passed by......of F.I.R. lodged by one Assistant Inspector of D.A.B., Bogra alleging, inter alia, that one Abul Hossain Ex. Assistant Director Jute, Bogra Zone, a public servant received Tk.1, 00,000/-being loan money paid by farmers from Md. Khalequl Islam, Ex-J.E.O. Shariakandi and others by granting receipt..

Category: Criminal Law | Date: | Hits: 96

Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)

....e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... instructed by Md. Wahidullah, Advocate-on-Record-For the Petitioners.  Ahsanullah Patwary, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1073 of 2005. (From the Judgement and order dated 13.04.2005 passed by th......spondent Nos. 3-5 stood as guarantors of the said loan and they also mortgaged the sched­ule property to the plaintiff- Bank. The defendant-respondents by their negli­gence failed to repay the loan money to the plaintiff-Bank with agreed interest for the period of 22-09-1993 to 31-08-1994.The plai..

Category: Banking Law | Date: | Hits: 85

Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)

....ion of the Appellate Court com­mitted an error of law resulting in an error in the decision causing failure of justice. 6. The next submission made by Mr. Nawab Ali is that the basis of claim of the plaintiff-respondents is Exhibit-4, which is a certified copy of the deed and the orig......e Petitioner. Enayetur Rahim, Advocate, instructed by A.K.M Shahidul Huq Ali, Advocate-on-Record-For the Respondent Nos. 1-5. Not represented-Respondent Nos. 6-11. Civil Petition for Leave to Appeal No. 265 of 2004. (From the judgment and order dated 25th March, 2003 pass......eikh Kalu died leaving his two daughters namely Boshiron and Apon and brother Sheikh Tilumuddin; that Isha Kha verbal­ly transferred 19.50 acres of land to Alimuddin and Khidir Kha after taking money; that Salam Patwary purchased 32.50 decimals of land from the heirs of Falu and from Azimudd..

Category: Property Law | Date: | Hits: 33

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......1, 2006. Lawyers Involved: M. A. Mannan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 799 of 2004 (From the judgment and order dated 21.01.2004 passed by ......adbar, the prede-cessor-in-interest of the plaintiff Nos.1 to 3 and that salami was to be paid in ten equal installments and that the predecessor of the plaintiff paid installments handing over the money to the Tahshidler concerned but it appeared later that the tashilder did not deposit the mone..

Category: Property Law | Date: | Hits: 25

Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....ned Counsel for respondent No. 11 and perused the judgment of the High Court Division and other connected papers. 6. Mr. Ahmed submits that respondent No. 11 is not a necessary party and the claim of the respondent No.11 involves disputed question of fact which cannot be determined in the ......ocate (Mustaque Ahmed, Senior Advocate with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 11. Not repre­sented-Respondent Nos. 1-10. Civil Petition for Leave to Appeal No. 688 of 2006 (From the judgment and order dated 04.05.2006 passed by t......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)

....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......31, 2006. Lawyers Involved: M.A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 282 of 2004. (From the judgment and order dated 14.01.2002 passed by ......under section 93A (a) of the Act was issued for acquisi­tion of the said land of the petitioner for the aforesaid purpose but the notice was not served upon the petitioner. Very small amount of money on the basis of a prelim­inary award was paid to the petitioner ini­tially which he r..

Category: Property Law | Date: | Hits: 26

Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)

....o along with a few local engineers got the machineries and stock surveyed and assessed the loss of the plaintiff at Tk.45,56,70,942/- and then the plaintiff by amendment of the plaint increased its claim to Tk.45,56,70,942/-The defen­dants contested the suit by filing written statements denyi......he Rule.   2. The respondent, as plaintiff, filed Money Suit No. 135 of 1990 in the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards compensation o......anufacturing electric bulbs and they also obtained loan of Tk. 1,50,00,000/- from the defendant No.1 against pledge and also another loan of Tk. 65,00,000/-against hypothecation and needing further money they approached Sonali Bank who agreed to extend further loan but the defendants, promising t..

Category: Business or Commercial Law | Date: | Hits: 75

Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)

....na­tion that he is not aware whether the Master of the vessel had lisence. The wit­ness has stated that there might have no pilot of the vessel on the date of occur­rence. P.Ws. 2-4 who claimed to be the persons of the locality have stated that the accident took place "when the s...... Private Limited Company (plaintiff No.1) is the owner of oil Tanker, M.V. Tapash (plain­tiff No.2), that the said oil Tanker loaded with 4,06,000 liters of kerosene started from Fatullah Ghat for Bhairab Bazar and while reached near Baktabali Ghat within Police Station Fatullah district-Nar......e 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: IV ADC (2007) 735. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 210

Paritosh Rudra Vs. State, 2007, 36 CLC (AD)

....arge was framed against the accused on the basis of materials available on record under Section 302 of the Penal Code and it was read over to the accused on dock to which he pleaded not guilty and claimed to be tried. 5. The prosecution examined 20 Pws. all whom were cross-examined by the...... Abdul Baset Mazumder, Senior Advocate, with J. B. M. Hassan instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 307 of 2004. with Jail Petition No. 02 of 2005. (Fro......s no substance in this peti­tion for leave to appeal and accordingly, the petition for leave to appeal is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 702. ..

Category: Criminal Law | Date: | Hits: 43

Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)

....t upon the defen­dants on 11.07.1994 asking them to vacate the suit premise on 31.07.1994 and that the defendants after receiving the notice gave a reply dated 26.07.1994 denying the plaintiffs claim and hence the suit. 3. The present petitioners as defendants contested the suit by fi...... Md. Joynul Abedin J Md. Siddiqullah and others.........Petitioners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for Leave to Appeal No. 970 of 2005 (From the Judgement and order dated 05.07.2005 passed by ......g the plaintiffs' case stating inter alia, that the plaintiffs though received the rents from the defendants in time but were in the habit of not issuing rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book and in..

Category: Property Law | Date: | Hits: 35

Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)

.... said Alhaj Faruque Hossain and she was work­ing till the death of late Alhaj Faruque Hossain. The plaintiff performed her iddat and others religious formalities. Thereafter, the defendant No.1 claimed herself to be the wife of late Alhaj Faruque Hossain for the first time on 10.11.1988. The......s Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 992 of 2003 (From the Judgement and order dated 09.11.2002 passed by ......he plaintiff was the only legally married wife of late Alhaj Faruque Hossain till his death stating, inter alia, that she married late Alhaj Faruque Hossain, son of late Abdul Malek fixing a dower money of Tk. 3,001/- on 26.07.1981 under the Muslim Family Laws Ordinance. Late Alhaj Faruque Hossa..

Category: Family Law | Date: | Hits: 150