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State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ivision held that since there is a provision in Section 6 of the said Ain for furnishing bank guarantee for filing an application under Order 9 Rule 13 of the Code of Civil Procedure against the ex parte decree and since it is impracticable to deposit huge cash money by chalan and since there is ......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......s Managing Director filed F.A.T.No.511 of 1999 against the decree of the Artha Rin Adalat impleading as many as 6 respondents including plaintiff-SBI, borrower-Tulip and the guarantors of the loan but the present appeal has been filed only impleading SABINCO and Managing Director which is a..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....ate better title or any vested right in favour of the appellant; that the registered lease deed cannot remain valid in law if found by a competent Court; that the office of the 'Q.M.G.' and 'M & Q' Department, Dhaka Cantonment issued Memo dated 22.06.1994 requesting the petitioner to send his opinio......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......ered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary approval of the plan from the Cantonment Board, mortgaged the said plot and obtained loan for construction of residenÂtial building thereon. After obtaining a loan of Tk.12 lacs to be ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....5 of 2000). Faruque Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent Nos. 1-7 (In Civil Appeal Nos. 136 & 138 of 2000). Ex-parte- For Respondent Nos.8 & 10-13. (In Civil Appeal No. 135 of 2000). For Respo......at the Divisional Commissioner took a decision to acquire the case land and would take possession of the same followed by a notice under section 7 for awarding compensation. All concerned received payment of compensation except the writ petitioners who purposely refused to take compensation. Sub......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
..... 266 of 2000.]) Judgment Md. Ruhul Amin CJ. - This is an appeal which has been allowed in part by majority judgment. The conviction has been maintained, but sentence of Death has been commut......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ......led the same with Somser Ali Mondal and others in 1350 B.S. on receipt of a Kabuliyat executed by the said tenants. The said Samser Ali and others had been enjoying and possessing the land on payment of rent etc. to the said landlord. The record of right was prepared in their names. They so......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ..Category: Property Law | Date: | Hits: 22
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......reon. The said respondents have no other homestead than the property in question. But the respondent No.6 Md. Khalilur Rahman fraudulently mortgaged the said property by way of security against the loan obtained by him from Janata Bank, Narayangonj by forging the signature of other co-sharers wi..Category: Property Law | Date: | Hits: 19
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
....nce on the coming into operation of the Ordinance and after death of such an employee the benefits would be accrued to his heirs under the Ordinance. On reading of the provisions of the Ordinance, particularly provisions of section 8, 9 and 12, we are of the view that benefits provided in the Or......,000/-, that the defendants paid the aforesaid amount in the light of the provision of (E.P.) Ordinance No. III of 1968 and (E.P.) Ordinance No. XI of 1969 although defendants were required to make payment to the plaintiffs under the provision of Benevolent Fund and Group Insurance Amended Act, ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
....gment and order dated 20.5.2007 passed by the High Court Division dismissing Jail Appeal No.738 of 2003 with modification of sentence of co-convict and accepting the Death Reference in part i.e. in respect of only the petitioner herein. 2. The prosecution case, in brief, is th...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
....d Mia and maintaining his conviction and sentence of imprisonment for life under section 302/34 of the Penal Code for committing murder of Kalu and allowing the appeal filed by the respondent No.2 in part by setÂting aside his conviction and sentence of imprisonment for life under section 302/34 of...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..Category: Criminal Law | Date: | Hits: 38
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....inherited his share. There exits a path way in the middle of the suit plot stretching north-south and is about 4 cubit in measurement in width. The defendant Nos.1-3 is possessing the northern part of the suit plot for a period of more than 25-26 years. The defendant Nos.1-3 sold out some p......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....o have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real question of controversy between the parties, giving an opportunity to the plaintiff to substantiate his claim. (26 and 27) Judgm...... to speak of examining the Attorney entrusted to look after the property. 18. He further submits that, though some papers relating to banking transaction of the plaintiff to show payment of part of the consideration money by him are referred to now but' there is no material to ......ety Ltd in benami of his wife, the respondent No. 1 at a cost of Taka 54,000 in August, 1968. He paid part of the consideration money from his own savings and balance Taka 30,000 was paid by taking loan from the House Building Finance Corporation (HBFC). The appellant thereafter purchased the sui..Category: Procedural Law | Date: | Hits: 173
....ing the tenure of the bank guarantee which is valid up to 7.3.2008, disconnection of gas line will cause an irreparable loss to the company and will be violation of the term and condition between the parties. The learned counsel further submitted that though the above second installment could not be......and thereafter on 18.1.2006 the petitioner paid 5 arrear installments with fine; then the respondent No.1 issued the above bill dated 18.1.2006, without specifying any date asking the company to make payment of the arrear bills and threatening that in default, the gas connection would be disconnecte......illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
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Category: Civil Law | Date: | Hits: 120
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
....entioned in 'Ka' schedule) to the plaintiffs by a registered kabala dated 26.06.1979 who possessed the property through cultivation of vegetable in some portion and also erected a tin shed room in part of the suit land and that in 1991 the defendant No. 2 dispossessed the plaintiffs by force fro...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ..Category: Property Law | Date: | Hits: 26
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he material facts asserting that the five member Ad-hoc committee was not legally constituted and as such the election held by them was illegal. 5. The High Court Division after hearing the parties discharged the rule on the ground that the election having been held by the illegal committ......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....ainst the judgment and order dated 1st June, 2008 passed by the High Court Division in Civil Order No. 2080 of 2008 summarily rejecting the application. 2. Short facts are that the opposite party of this application as plaintiff instituted Family Suit No. 185 of 2006 in the Court of 2nd A......dvocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 5. The vital question for consideration in the case was whether payment of dower was made by the defendant husband to the plaintiff wife. 6. The High Court ......any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ..Category: Family Law | Date: | Hits: 188
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....red Heba-bil-Ewaz to the plaintiff, that the plaintiff is in possession of the land and got his name mutated in the revenue record and paying rent, that defendant Nos.2 and 3 dispossessed him from part of the land and raised a structure covering 3/8 decimals of land out of 29V2 decimals of ......ers were filed wherein it was noticed by the appellate Court that the requisition proceeding initiated in respect of the land in suit was dropped, that no paper showing acquisition of the land and payment of compensation was filed from the side of the defendants. 8. We have heard the learn......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....writ respondents as to nonpayment of the State Honorarium/Rastrio Sammani Bhata and other benefits or curtailing of the Honorarium to the writ petitioners in the respective writ petitions who participated in the liberation war and, as such, are the freedom fighters. 5. It may be menti...... the petitioner within two months from the date of receipt of the copy of this judgment and order" (in Writ Petition No. 955 of 2005). "The respondents are directed to cause payment of 'Rastrio Sammani Bhata' to the respective petitioners fixed at the time of award of the......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....iew is also taken in the case of Rajendra Nath Shaha vs. Sonaullah 42 DLR 393 that an amicable arrangement for separate possession of joint lands amongst the co-sharers by itself does not amount to partition by metes and bounds so as to convert the joint title and possession of the co-sharers in......th of his father, the plaintiff-respondent No. 1 became the owner of the land owned by his father and continued possessing the same jointly with other defendants. 4. On account of default of payment of rent the then Government of East Pakistan sold the said land under 'C' schedule in auct......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....l aware of up-to-date position/stage of the proceeding and to take step(s) required by the law in the proceeding wherein he has obtained his temporary release or, in other words, bail. Default on his part in the aforementioned situaÂtion/stage would make him a fugitive from law/Court and that would...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....aw his illeÂgal suspension order but it was in vain and for which he was constrained to file a civil suit being Title Suit No.67 of 1976 for cancellation of the order of suspension. Upon hearing the parties, the said case was decreed in his favour and thereafter, the petitioner being aggrieved pref......round of above discusÂsion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......round of above discusÂsion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..Category: Employment/Service Law | Date: | Hits: 87
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