Search Options
Judgment Advanced Search
Displaying 341-360 of 2768 results.
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......to the petitioner bank for any loan amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3-1988 was forged, concocted and illegal, the plaintiff is entitled to get back the title deed along with other supporting documents lying with the bank and a decree of Taka 75,00,000 as c..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
....h parties and most of the witnesses reside in one place within the jurisdiction of one court and the case originates within the jurisdiction of some other court in a distant place, the case may be transferred to the former court and contention of prejudice due to hostile press is without substan...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....ptors could rightly be claimed to be co-sharers of the recorded tenant H.E. Percival and also to consider the question whether a person claiming to be the co-sharer in the holding and not in the land transferred could validly maintain an application for pre-emption under Section 24 of the Non-Agri......the seller opposite party are co-sharers of the khatian and that pre-emptees failed to establish that there had been partition of the land of khatian by the decree of the Court or by a registered deed of partition. The trial Court also held that the Miscellaneous Cases were not barred by limitat..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......and Miah got one third each of the suit land on amicable partition. It is further stated that the plaintiff became the owner of the suit land by purchase on various dates through registered sale deeds and thereafter his name was mutated and he paid rent, that on 5‑11‑1994, the defen..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....or renewal of the trade mark. On the said application the Registrar of Trade Marks by his letter dated 13‑1‑1997 informed the respondent that the proprietorship of the said trade mark having been transferred in the name of the present appellant by virtue of an agreement dated 4‑3‑1996, there......rade Marks Act, 1940 (hereinafter referred to as the Act) read with rule 65 of the Revised Trade Marks Rules, 1963, in TM 26, the prayer for renewal of the registration on a plain paper rejecting the deed of assignment given by the respondent earlier in favour of the appellant was not maintainable i..Category: Others | Date: 5 May, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....2. Pre-emption was sought under Section 96 of the State Acquisition and Tenancy Act in respect of 38 1/2 decimals of land in each of the Miscellaneous cases. The land sought to be pre-empted was transferred by two kabalas dated June 25, 1988 3. The land originally belonged to Khan Bahadur Aman......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......so confirmed by his rent case No. 43 of 1993. Thereafter he has created a new tenancy with one Abdul Jalil, happened to be the co-sharer of the suit property. Then he claimed title through purchase deed from Abdul Jalil and it has been categorically stated in the additional written statement that ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......n 26‑5‑1982 he, however, revoked the power of attorney because the defendant (Md Nurul Huq) had sold his valuable property and misappropriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....case as one under Druta Bichar Ain, 2002 and that the said Magistrate by an order of the same date directed the Investigation Officer to add relevant section of the aforesaid Ain and to have the case transferred to the Druta Bichar Adalat within 24 hours if there are ingredients. 3. Thereafte......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......sion as a first Court of appeal could have compared the signatures themselves, that the High Court Division erred in law in sending the case on remand for examination by a Handwriting Expert when the deed of agreement was proved by the plaintiff himself and by two other attesting witnesses, PWs 2 an..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
.... Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case ...... in the schedule to the plaint at a consideration of Taka 14,00,000 and on 15‑9‑2002 paid Taka 1,00,000. As said opposite parties on 25‑10‑2002 declined to execute and register necessary sale deed the plaintiff was constrained to institute the suit on 20‑11‑2002. 3. On 18‑1‑2003..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....it has been held that the right of a person to recover damages by way of interest or otherwise for the breach of a contract is merely a right to sue and is not an actionable claim which is capable of transfer. (See AIR 1955 SC 376 and AIR 1933 All 642 at 646). In interpreting the provisions of the T......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....rker, the then Additional Director General Bangladesh Post Office used to invite false and frivolous written allegation against the elected Union office bearers. On the basis of anonymous petition he transferred the respondent to Dhaka GPO from Sadarghat Post Office and a number of inquiries were he......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....the Government cannot be both landlord and tenant of the same property. Further, in view of the auction sale held on 7‑8‑1980, a third party i.e. late Mr. Shamsur Rahman, is not and cannot be a transferee of the original right of lease and it was a fresh induction of late Shamsur Rahman as ten......ilding situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Comm..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
.... dwelling houses and one Mulsem Hossain. Shah Fakir used to collect rent from the defendant by giving receipt on behalf of Lalon Shah Dargha Committee during the period 1352‑1362 BS Umed Mollik transferred his share to one Munshi Md. Chand Ali by a registered kabala dated 3‑71356 bu......a registered kabala dated 3‑71356 but did not deliver possession of the transferred land and then the defendant Nos. 14‑16 on payment of kabala money to Munshi Chand Ali Mollik got a deed of reconveyance and to the knowledge of all including the plaintiff SA Khatian No. 193 has been..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....le is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated only under the provisions of law embodied in section 96......: a. (i) First opposite party of Revision petition, in the capacity of co-sharer by purchase, as pre emptor presented a petition under section 96 of The Act for the land delineated in sale deed dated 17.7.1997 in favour of stranger pre-emptee second opposite party of Revision Petition in..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....sions shall take cognizance of an offence as a Court of original jurisdiction unless the accused has been sent to it by a Magistrate duly empowered in that behalf. The Sessions Judge has the power to transfer a case received by him to the Additional Sessions Judge and Assistant Sessions Judge under ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
.... defendant-respondent No. 6 against the judgment and decree of February 1, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the followin...... Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....sp; material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange not a sale has not been made with reference to any evidence and, as such, t......he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the pre-emptee without serving the statutory notice upon him obtained the disputed deed of transfer collusively in order to defeat his right of pre emption and that he for the fi..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....Petitioners Vs. Parvin Sultana....Respondent Judgment January 10, 2004. The Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who is the writ petitioner is contravention of the circulars issue......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
6315330981018935226132014128013189048910150129149859056802818281