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Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....considered the quantum of land purchased by the plaintiff from individual plots and also the quantum of land acquired from the individual plots and found that the plaintiffs succeeded to prove his claim of 4.17 acres of land and therefore decreed the same accordingly in his favour. 9. Mr......rt reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ....... Zahirul Islam, Advocate-on-Record- For the Appellant. Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 6. Not represented- For Respondent Nos. 1-5. Civil Petition for Leave to Appeal No. 1008 of 2003 Judgment: &...... in a Audit Report that the petitioner took salary from both the police department as well as from the said school since 9.6.84 to 31.07.91 without any authorization which is illegal and the excess money should be refunded and that on 11.1.1991 he filed an application to the Superintendent of Pol..Category: Employment/Service Law | Date: | Hits: 82
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
.... Bangladesh, 1972, Articles 32 & 47 Upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will appear that different means have been provided for enforcement of claims and realization of dues of the Bank provided the conditions mentioned in the opening clauses ......The Constitution of Bangladesh, 1972, Articles 32 & 47 Upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will appear that different means have been provided for enforcement of claims and realization of dues of the Bank provided the conditions mentioned in t......the loan would be repaid in 21 half-yearly instalments of which 20 instalments are to be of Tk. 1,10,000/-each and the last instalment to cover the entire balance due and that the repayment of loan money would commence from 30.9.82. The petitioner paid the first and second instalments on 27.8.82 a..Category: Banking Law | Date: | Hits: 117
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....ry. In Regina Vs. Medical Appeal Tribunal, Ex-parte Gilmore (1957) QBD, Vol. 1, page 574 (583) Denning L. J. in considering section 36(3) of the Act of 1946 which provides that "any decision of a claim or question"..…. shall be final." and whether those words preclude the Court of Queen's Benc...... is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election trib....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....No.10 became guarantor for the loan and the defendants also executed several documents and the defendants having failed to repay the loan notices were issued to the defendants on 1.3.1992 claiming payment of Tk. 21,39,049.00 which was then overdue; as per decision of Bangladesh Bank, by...... Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the petitioners. Not represented-Respondents Civil Petition for Leave to Appeal No. 1180 of 2004. Judgment: ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....e of the proper officer on the stamps fixed in the power of attorney appears to be doubtful and that the seal affixed can not be accepted as genuine, that Abdul Zabbar has no possession in the claimed exchanged land and that has prayed for regularization of the exchange deed after 32 years a......was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......994 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Md. Golam Mostafa, District Anti-Corruption Officer, Gazipur lodged first information report with Joydebpur Police Station alleging, inter alia, that accused Latif Newaz Wali......994 requested ECBL to include on survey a link road connecting IPSA with Shipultali- Salna road in the master plan. 6. The allegations against the respondent is that the respondent took the money for fifty one bore holes relating to topographic survey by bill Nos. 1 and 2 resp..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....os.1-3 have no right, title, interest and possession in the suit land. That the suit land is far from the house of plaintiff and nearer to the house of petitioner Nos.1-3 also with ill motive claimed right, title and interest in the suit land and also threatened with dispossession. As ...... Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1824 of 2002 Judgment ...... inter-alia, that, the land described in plaint belonged to Nur Ahmed and others. Accordingly P.R.R. and M.R.R. Khatians have been prepared and published. Nur Ahmed and others were in need of money and sold the same to the plaintiff who has possessed the same by paying rent. The petiti..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
.... get Tk. 70,6507-; that as per rule he is entitled to get benefit equivalent to 12 months' salary as leave encashment, excluding leave preparatory to retirement (LPR); that on this account he claimed Tk. 63,000/-; that he was also entitled to get benefit for un-availed leave of 697 days on ......ate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with the leave of the Court), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the respondent. Civil Petition for leave to Appeal No. 1812 of 2002 Judgment &n......nstatement and LPR benefits affirmed. 2. The plaintiff-respondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subordinate Judge, Chittagong for recovery of money, declaration of right of pension and mandatory injunction for payment of pension contending,..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....n response thereto the Agrani Bank by its letter dated 14.12.1998 confirmed release of Respondent No.1's properties kept encumbered with the Agrani Bank as security and that the instant application claiming holder of additional shares after the Respondent No.1 ceased to be share-holder in the Co......th the cases). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent Nos. 2-5 (In both the cases) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for......tion). In that judgment it was held that 1,24,0000 shares were allotted by the Company and the share certificates of the said 1, 24,000 shares were deposited with the Agrani Bank and payment of share money against issuance of 1, 24,000 shares were proved by the audit report as on 30.06.1996 and Md..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....er. He further submits that Title Suit No.54 of 1991 brought by the plaintiffs was not maintainable inasmuch as admittedly the suit land is khas land of the Government and the plaintiffs claim to have taken settlement of the same from the Government and the suit was brought for a decre....... - This appeal by leave is directed against the judgment and order dated 15.01.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short......he said petition stating inter alia that to procure the necessary fund for depositing fee of Advocate Commissioner, certain formalities were required to be observed and after obtaining sanction of money, the fee was deposited and Advocate Commissioner was accordingly appointed and he also s..Category: Property Law | Date: | Hits: 31
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....hat the defendant Nos.1 and 2 in the instant suit obtained decree in Title Suit No. 206 of 1976 against dead persons, that the document of the plaintiff Nos. 2-4 by which they have purchased the land claimed by them as in schedule 'Ga' from defendant Nos. 4-6 of the instant suit is genuine and the......তিয়ানে পরিমিত হইয়াছে।” 3. It was the case of the plaintiffs that defendant Nos.1-6 and defendant Nos.8-11 of Title Suit No. 206 of 1976 died long before the institution of the said suit, that plaintiff No. 1 and the defendant Nos. 4-6 of the instan......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....975, the defendant No.1 managed to obtain a fraudulent soleh decree by false personification of Kallayni Debi though Kallayani Debi left this country long before 1975. 9. The plaintiffs claim the suit land on the basis of exchange of their property in Murshidabad in India with Kallayn......sion in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned Dist......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......tructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Firoz Shah, Advocate-on-Record-For Respondent No. 1 Not Represented- Respondent No. 2 Criminal Petition for Leave to Appeal No.127 of 2003 (From the Judgment and order dated 17.05.2003 passed by ......o. 15 of 1992 on 26 January 1992 for realizing the outstanding dues from the accused petitioner and that subsequently the accused petitioner was allowed facilities for the reimbursement of the money in 12 quarterly installments and pursuant to such facilities given to the petitioner he ..Category: Criminal Law | Date: | Hits: 44
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....ts that may be caused by any narcotics items whatsoever. So the Government stance on the products in question is not at all violative of the constitution of the country. An individual businessmen's claim cannot be entertained by stampeding the desire of the common people and in gross violation o......he judgment and order dated 15.03.2005 passed by the High Court Division in writ petition No. 6818 of 2004 making the rule absolute. 2. Respondent Nos. 1 and 2 filed writ petition No. 6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant licence in favour of...... the unsold stocks to the licenced dealers. 6. Hence is this petition 7. In support of the petition Mr. A. J. Mohammad Ali, learned Attorney General submits, inter alia, that mere investment of money and setting up a factory does not acquire the vested right to obtain a Brewery licence. Becaus..Category: Criminal Law | Date: | Hits: 76
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......udgement June 25, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on –Record-For the petitioner Respondents Not represented- Respondents Civil Petition for Leave to Appeal no. 191 of 2005. (From the judgment and order dated 25th July 2004 pass......of land out of his 14.31 acres of land out of Plot Nos. 6668 and 6669 of Khatian No. 657 of Mouza Chandpur Municipality and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and ag..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....ck to the lower appellate Court on remand instead of trial Court, to dispose of the appeal in accordance with law and in the light of observation made therein but making observation regarding claim of .09 acres of land out of 4.54 acres of land of the original deed of the defendants by the ......vocate, instructed by Zainul Abedin, Advocate-on Record-For the Petitioners Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocte-on-Record- For the Respondents Civil petition for leave to Appeal No.325 of 2005 (From the judgment and order dated 1st February, 2005 pa...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..Category: Property Law | Date: | Hits: 32
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....ereupon S.A. khatian No. 1236 of Mouza Badda was prepared and finally published in their names, that defendant Nos.1 and 2 purchased.10 acre of land from plot No.685 but they are enjoying and claiming more than their purchased land, that they are trying to create certain ante-dated forged d...... thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of ti......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....aled in the leave petition, in short, are that one Raquib Ali predecessor of the respondent No.1 (Ka) to 1 (Tha) instituted Miscellaneous Case No. 15 of 1999 before the Assistant Judge, Beanibazar claiming preemption under section 96 of the State Acquisition and Tenancy Act and Section 24 ......awyers Involve: Md. Ozair Farooq, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Petitioner Not represented-Respondents Civil Petition for leave to Appeal No. 137 of 2005. (From the Judgment and order dated 28.11.2004 passed b......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......tructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent (In Civil Petition No. 490 of 2005) Not represented-Respondent Nos. 2-7 (In Civil Petition. 223 of 2005) Civil Petition for leave to Appeal Nos.223 and 490 of 2005. (From the Judgment and order dated 04.01.2005 ......bsp; receiving approval the respondent No. 2 The Executive Engineer, Sylhet P.W.D. Division asked the writ petitioner in 5 separate letters dated 18.03.2004 to deposit in part the bid money in respect of 5 items and the writ petitioner accordingly deposited the bid money and that th..Category: Civil Law | Date: | Hits: 97
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