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Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
....azzaque Bhuiyan purchased some lands of plot No.2259 of D.S. No. 640 the petitioner is a tenant holdÂing lands contiguous to the lands of plot no. 2326. Said Abdur Razzaque Bhuiyan, the opposite party No.2 in the preemption case sold .291/2 acres of land of D.S. No.657 corresponding to M.R.R....... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..Category: Property Law | Date: | Hits: 33
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... wrongly recorded in the name of one Aderjaman and other, predecessors of the defendants in khatian No.117. The plaintiff learnt about the wrong record in the S.A. khatÂian on the basis of so-called partition suit No.172 of 1929. The defendant no. 5 with the help of other defendants forcibly entere...... in accorÂdance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......2.72 to the plaintiff No. 4 Abdul Sobhan alias Sobhan Miah. After purchase he mutated his name and got Jama separated in separation case No. 22483-84 by creating a separate Khatian No. 982 and took a loan from the Janata Bank, Brahmanbaria branch by mortgaging the said 07 decimals of land. Thereafte..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....09 in Civil Petition for Leave to Appeal No. 1733 of 2008. 2. The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class Suit No. 142 of 1977 by ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ..Category: Property Law | Date: | Hits: 21
....ubordinate Judge, Dhaka for Specific Performance of Contract. The suit was transferred to the 2nd court of the then Subordinate Judge and renumbered as Title Suit No. 318 of 1985 which was decreed ex parte on 17.5.1990. Subsequently in Execution Case no. 32 of 1992 sale deed was executed and regisÂ......al allottee, namely, Imam Box on 18.8.62 who got possession of the building vide possession letter dated 22.8.62. After taking possesÂsion Imam Box started leaving there with member of his family on payment of House rent installments for the building and obtained receipt therefore. While ownÂing a......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
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Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....002, allowed the petition and granted pre-emption in favour of the appellant petitioner. But on a revisional application being Civil Revision No.1979 of 2000, the High Court Division upon hearing the parties set aside the judgment and order passed in appeal and refused pre-emption. Being aggrieved, ......ged mutation in the name of the petitioner's mother was actuÂally made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in separate jama was proper, that as to whether the appellant's mother ceased to be......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
....iled by the respondent under Section 42 read with Section 43 of the Arbitration Act, 2001.
2. The facts, in short, are that the arbitraÂtion related to the alleged dispute which arose between the parties in the matter of the alleged failure of the respondent to deposit the sale proceeds for thos......er.
5. But most unfortunately, the respondents defaulted in making its commitment and did not remit the sale proceeds to the petiÂtioner. The claimant then issued a letter on 03.09.2002 demanding payment of the outstanding amount accrued during the month of July 2002 totaling BDT 20,......ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
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Category: Alternative Dispute Resolution | Date: | Hits: 207
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....ed the suit by filing a written statement denying the material allegations stating inter alia that the suit is not maintainable in the present from; the suit is barred by limitation and misjoinder of parties. The suit land accreted to the khas land of the land lady, that the suit land was under wate......urvey the suit land was mistakenly recorded in the khas Khatian No.1. The plaintiff-petitioner first came to know about the wrong record of his land on 4.11.1990 when he went to the Tahsil Office for payment of the rent of the land, hence the suit he instituted on 30.1.1990. The defendant government......and there 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: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
....import of Nilon Code Tyre and Tube by opening L.C. and that the defendant No.6 stood as guarantor and secured the loan. The writ petitioner was the defendant No.3 in the suit. The suit was decreed ex parte in due course and the respondent bank filed Money Execution Case No. 38 of 1995, which was ren......ld not be held. Further it appears from the provisions of Section-34 of the Artha Rin Adalat Ain, 2003 that the law provides for simple civil imprisonment of the judgment-debtor to compel to make the payment for satisfaction of the decree and is not an alternative punishment in lieu of payment of th......the Artha Rin Adalat Ain, 2003. The respondent-bank filed Artha Rin Suit No. 16 of 1992 in the Artha Rin Adalat, 3rd Court, Rajshahi, for realization of Tk. 21,63,148/- which arose out of the banking loan facilities enjoyed by the defendant-loanee Nos.1-5 for import of Nilon Code Tyre and Tube by op..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....lled the B.N.P. and both of them were members of the Parliamentary Party of the B.N.P. Ignoring the parliamentary rules and practices and knowing very well that the B.N.P. is the principal opposition party in Parliament and it is opposed to the idea of a consensus Government, those members crossed t......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....e budget as per the terms and conditions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s case in short is that Narcotics Control Department to ensure proper and quick trial of drug cases needs a chemical laboratory. Thereafter the ......e budget after completion of the project. The petitioners having been assured that the process was going on for their absorption in the revenue budget. They had continued to work to date even without payment and had not applied for any other government posts because of their legitimate expectation t...... ..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....national constituency No. 67, Sirajganj-7 and national constituency No. 56, Rajshahi-5 respectively as candidates of Bangladesh National Party (BNP) and both of them were members of the parliamentary party of BNP. On being allured and induced by the ruling party the said members of Parliament change......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....d. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 13.01.2009 passed by the High Court Division in Criminal Appeal No.416 of 2005 allowing appeal in part after setting aside the judgÂment and order of conviction and sentence dated 17.01.2005 passed......nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ..Category: Criminal Law | Date: | Hits: 294
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... the company or its assets. The company itself owns its properties. A share-holder is only entitled to the dividends, if declared. On winding up however, after payment of its debts, he is entitled to participate in the distribution of its assets. The liability of a shareholder, whether he is the Cha......son. A shareÂholder is not the owner of the company or its assets. The company itself owns its properties. A share-holder is only entitled to the dividends, if declared. On winding up however, after payment of its debts, he is entitled to participate in the distribution of its assets. The liability......der, whether he is the Chairman of the Board of Directors, or a director, is only to the extent of the face value of the shares he holds, nothing more than that. But if he guarantees repayment of the loan, enjoyed by the company or mortgages his property to the creditor, to ensure repayment of the..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....g the Rule absolute. 2. The respondent preferred Writ Petition No.2293 of 1993 challenging the acquisiÂtion notification No. For. 6M-31/61/1686 dated 18.11.1961 published by the Agriculture Department in the Dhaka Gazette on 30th November, 1961 declarÂing the lands detailed in the schedule ......s rebuttable evidence as to possession which proceeds to show title in the land and that the Government by accepting rents has admitted the writ petitioner as tenant under it, since supported by rent payment receipt annexed to the writ petiÂtion and  that the respondent. Forest Department could ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....t and decree dated 30.03.1995, passed by the Subordinate Judge, First Court, Gazipur, in Title Suit No.18 of 1993. 2. The facts in brief are that the respondent No.1 filed the instant suit for partition claiming a saham for 4.03 acres out of the suit-land. The suit was contested by the defend......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....rict Judge, 2nd Court, Gaibandha in Other Class Appeal No. 49 of 2003. 2. The petitioner instituted Title Suit No. 83 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for partition. The case of the plaintiff in short is that Prem Chand Roy, Ram Chandra Roy and Charu Chan......-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....r had been in possession of the land. 5. Upon consideration of the evidence on record, the learned Senior Assistant Judge by the judgment and order dated 26th January, 1998 decreed the suit in part and directed the defendant Nos.1 and 2 to make refund of Tk.7,000/- to the plaintiff within 30 ......d by the defendant No.1 and 2's father on 30th August, 1994. Pursuant to the said agreeÂment the sale deed was executed on 29th September, 1994 and the deed was regisÂtered on 22nd October, 1994 on payment of the balance consideration money. He being a co-sharer had been in possession of the land.......arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ..Category: Property Law | Date: | Hits: 26
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
.... 2. The facts, in short, are that the petitionÂer as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of the learned Joint District Judge, 1st Court, Faridpur for a decree of partition in respect of .07 ½ acres of land with a tin shed house and 1/11 share of tin shed house,......hose two issues learned trial Judge took into account pleadings of parties, evidence, both oral and documentary. Learned trial Judge considered two rent receipts, Exhibits-2 and 2(ka) in respect of payment of rents and came to hold that plaintiff in respect of 462 shahasrangsha land paid rent on 1......ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..Category: Property Law | Date: | Hits: 22
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....structure standÂing thereon and some scrap machineries acquired by BSCIC. 3. The case of the writ petitioner was that he is the proprietor of M/S. Friends Chemical Industries and his business partÂner was Mr. Md. Liaquat Ali of 240/1, South Paikpara, Mirpur, Dhaka. The petiÂtioner and his ......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
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