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Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t the defendant Nos.1 to 3 got the suit property by way of inheritance and they were in enjoyment of their right, title and possession of the same. The defendant Nos.1 to 3 by acceptance of part payment of Taka 3,500 from one Mohammad Miah out of consideration money of Taka 4,000 executed a Bai......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.....…..Petitioner Vs. Md. Shajahan Miah and another…..Respondents Judgment February 1, 2005 The Premises Rent Control Act, 1991 (III of 1991), Section 10 & 18 Whether payment of salami makes a monthly tenant non-ejectable? The widespread and longstanding practice...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... same as industrial plot No.2 favour of respondent No.8, Habib Hotel international limited but did not has over possession thereof. The petitioner purchased 5 kathas of land Md. Saifur Rahman Khan on payment of valuable consideration and got registration of the deed of sale bearing, No.1752 dated 2â......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....contention of the plaintiffs as to execution of the bainapatra by him and alleging that he instituted SCC Suit No. 88 of 1980 for the ejectment of Khurshed Ali Master as he became defaulter in the payment of rents, that during the pendency of the SCC suit there was a 'salish' in August, 19......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....td., is good enough for installing 3 lacs telephone lines. It has further been alleged there was no money sanctioned for appointing consultant but Md. Nasim ordered to appoint consultant and arranged payment of fees of the consultant by World Tel Holding Ltd. Thereafter, the said consultant was entr......to time, declare to be employment or class of employment essential to the life of the community. A person who was appointed to discharge the function of a Minister and who is paid out of the public exchequer and who is also liable to be dismissed comes within the description of section 21 of the Pen..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....DLR (AD) 233 and submitted that admittedly the plaintiffs who were owners of the suit land sold the same by registered kabala dated 5-2-1963 to the defendant No.2 with a condition to re-purchase on payment of the consideration money and on the same day executed an Ekrarnama to return the suit la...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....ioner before the cancellation of licences by the said notification. 3. In two supplementary affidavits filed by the petitioner it has been stated that the petitioner used to renew his licence on payment of fees with fine and the Deputy Commissioner always accepted the same and accordingly the p......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....nt on 15 Ashar 1339 BS for a loan of taka 140. Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 BS and si......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... finally the petitioners do not have any title or legal possession therein nor they have get any structure or homestead thereon. The respondent No.1 continued to remain in possession of the land. The payment of rent and taxes does not affect the acquisition of the case land and no right has accrued ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
....lied to the Government for an industrial plot whereupon the Government allotted plot No.5 of Tejgaon Industrial Area, Dhaka measuring one bigha by letter of allotment dated 08.10.1990 on condition of payment of 25% of the salami within one month @ of Tk. 8 lacs per bigha and the balance was required......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
.... revenue, in this case to the tune of Taka 150 had already been paid to the appropriate authority. Moreover, the provisions of sections 33 and 35 allow for admission of instruments upon impounding on payment of the due stamp duty and fine for delay in payment. In the facts of the present case, it ap......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....d by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title Suit No.205 of 99 which decreed the suit ex-parte and made the award dated 11‑1‑95 Rule of the Court. Then, the appellant on payment of ad-valorem court fees got the appeal registered as FA No.356 of 03 purportedly under sect...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....aleb, father of the plaintiffs, took lease of suit shops at a monthly rental of Taka 125. He first started business of papers under the name and style Capital Paper Mart. But he was very irregular in payment of rent. After the death of Abdul Motaleb, the plaintiffs continued as tenants under Hasna B......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
....false claims. As the proposed loan was not sanctioned, schedule properties were not charged and/or mortgaged. The defendants were therefore entitled to return of their documents of title.
10. On payment of court fees, said defendants also made a counter‑claim of Taka 2,86,35,564.88 for busine......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....is barred by waiver, estoppel and acquiescence. The defence case, in brief, is that on 19‑3‑1992 this appellant agreed to sell the suit property at Taka 69,00,000 and a bainapatra was executed on payment of Taka 17,00,000. To clear his loans to the relatives, to the House Building Finance Corpor......ised to sell the suit property and respondent Nos.1 and 2 agreed to purchase the same. Accordingly, the matter was negotiated and the sale price was fixed at Taka 69,00,000. Respondent Nos.1 and 2 by cheque paid him Taka 17,00,000 as the earnest money and the appellant agreed that on obtaining permi..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....land is false. He has erected houses about 17/18 years ago in the suit plot, when it was covered by bushes and fallen land. A holding was opened in the Municipality in his name and he got receipts of payment of taxes. He has constructed houses on 7 (seven) decimal of land about 16/17 years ago withi......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....e consultant completed the works. After repeated demands and representations, there was an agreement signed by the parties on 14‑12‑95. On 27‑7‑97 the consultant received first installment of payment. As there was a dispute with regard to the quantum of work and consultancy fees, on 8‑9‑......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....f the decree or otherwise evicting, the plaintiff’s predecessor and grandmother therefrom. The predecessor of the plaintiffs accordingly, continued in their possession in the suit land as before on payment of rent and after State Acquisition and Tenancy Act the suit land was recorded in the name o......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
.......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of money to any other persons out of his account is returned by the bank unpai......Md. Habibullah and another......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of money to any other persons out of his account ..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....nsferred said 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on payment of rents. As the defendant claimed that he got title in the suit land the plaintiff was cons......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
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