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Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
.... 86, 3 80 and 427 of the Penal Code. 5. While the GR Case No. 670 of 1998 was pending before the Court of Additional District Magistrate, Gazipur, the appellants filed an application for transfer thereof to the Court of Session. The Court of Session upon allowing the said application fo......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......209;petitioner forthwith. 4. The case of writ‑petitioner‑respondent No.1 is that he purchased the case property from one Abdur Sattar who failed to execute and register the deed of sale in favour of the respondent No. 1 and thus the respondent No. 1 instituted a suit for ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... Block‑F, Mohammadpur Housing Estate, for 99 years from the Government on the basis of the allotment letter dated February 12, 1979 and in due course they paid the salami in 4 instalments and lease deed was executed on July 30, 1980 and possession was made over on September 12, 1979, that in 1990 ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
.... credit (LC) in favour of the defendant No. 1 which is a buying house and placed the order with the plaintiff for manufacturing and export of above mentioned Men's Wind Breaker Jacket to Korea and transferred the aforesaid letter of credit in favour of the plaintiff. The defendant No. 1 is the f......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
.... along with the names of the successive heirs of the original owners. The said relations of Raj Chandra Mondal and Lechu Mondal later on left the house of Krishna Mondal and others. Rajrani Mondal transferred 2.82 ½ acres of land to Sachi Ram and Sachi Ram sold the said land to the plaint...... of Joy Gopal Mondal and thereupon Kartik Mondal got the property in Sarabo Mouza has not been disproved by the contesting defendant Nos. 1 and 2, rather plaintiffs have proved the said fact by the deed (Exhibit 6) executed by the son of Gonesh Mondal. It may be mentioned part of the property out..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......86. From the statement of D.W.1 we find that he accepted Tk. 10,000/- on 31.8.84, Tk. 27,000/-on 28.9.84 and Tk. 18,000/- on 30.11.84. The defendant introduced a new story that it was agreed that two deeds would be executed, each for taka one lac one deed on 3.8.84 but on that date taka one lac was ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....ainly comprised of a Glass Factory and building and it was treated as an abandoned property and it was taken over by Ministry of Industries as an abandoned Industry. Ministry of Industry, thereafter, transferred the property by a deed of transfer in favour of Defendant No.1 Saiyed Shahidul Huq as pr......tory and building and it was treated as an abandoned property and it was taken over by Ministry of Industries as an abandoned Industry. Ministry of Industry, thereafter, transferred the property by a deed of transfer in favour of Defendant No.1 Saiyed Shahidul Huq as proprietor of Eastern Trading Co..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
.... below. The learned council further submitted that the High Court Division failed to consider that in the petition of complaint it has been alleged that the accused petitioner No. 4 (Champak Lata) as transferor executed the deed of transfer in question and as such the allegation of committing forger...... Judgment August 23, 2003. The Penal Code, 1860 (XLV of 1860), Sections 463, 464 & 467 The executant of the sale deed claiming herself the shebait and daughter of the deceased shebait falsely executed the deed he..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....ivision in Transfer Suit No. 1 of 1995 decreeing the same in part. (The suit initially was registered as Title Suit No. 92 of 1993 in tile 1st Court of Assistant Judge, Dhaka and the same was transferred to the High Court Division oil a petition of the plaintiff filed under Article 110 of t......one prior to incorporation upon ratification of the company considered to have been done by the company………………(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......bsence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of no substance…..(14) In absence of any registered deed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notic..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....pearance and filed written statement denying the material allegations made in the plaint and contending, inter alia, that the suit is not maintainable and is barred by limitation and that the plea of transfer in favour of plaintiff Nos.2 and 3 for alleged construction without consent of the plaintif......ter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registered deed of lease in perpetuity. The husband of plaintiff No.1, gifted the property to his wife ie plain..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......ce‑Chancellor of Dhaka University and Secretary, Ministry of Foreign Affairs of erstwhile Pakistan was allotted holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka on the basis of a lease deed executed on 248‑1956 and registered on 25‑9‑1956 by the Dhaka Improvement Trust (DIT). ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....equently, the petitioner also filed a supplementary affidavit dated 12.12.2001 whereby the contemner No.2 was brought on record as he was acting Chairman of RAJUK on and from 1.11.2001 after the transfer of Mr. Azizul Haque the immediate past Chairman of RAJUK from that post who is contemn......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......on, that plaintiffs never tendered the balance part of the consideration money, nor requested the defendant No. 1 upon offering the balance of the consideration money to execute and register the sale deed, rather they prayed for extension of time. 6. As against the judgment and decree of the tr..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......t property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 tried to avoid execution and registration of the sale deed the appellants had to file the aforesaid suit. 3. The appellant in Civil Appeal No. ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its shares is not absolute or uncontrolled and must be exercised bona fide and not arbi......e Controller was abolished by section 11 of the Securities and Exchange Commission Act, 1993 and latter is substituted for Controller of Capital Issues in respect of all contracts, instruments and deeds. Further, all things done by the Controller of Capital Issues shall be deemed to be done by S..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....hree months from the date of drawing of this order with interest at the rate of 7.5 till realisation. (2) The petitioners 1 to 7 are directed to sign instruments of transfer of the share in requisite form in favour of the respondent Nos. 2, 3, 4 and 5 and deliver ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....nk had no right of disposition of any kind in respect of those ornaments. The Bank stood in the position of a bailee or a trustee to whom though possession was entrusted, there was no intention of transferring the ownership. It is settled law that debt is not a trust and any or every liability i......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....sult of inheritance either on the report of the Talisilder under rule 22 or on the application of the heirs or otherwise; (b) When mutation of names is made as a result of transfer on receipt of the notice of transfer under section 89 of the Act; &nb......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80