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Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
....ed illegally in deciding the possession of the suit land in favour of the defendants on misreading the evidence and the High Court Division also failed to consider that the suit land is a part of a bigger plot belonging to may co-shares and the claim of the defendants regarding the...... 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: V ADC (2008) 239. ...... 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: V ADC (2008) 239. ..Category: Property Law | Date: | Hits: 44
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
....on the execution of the kabala within the month of Magh 1346 B.S. possession of the land would be made over to the vendor i.e. predecessor of the plaintiffs and that in case of failure on the part of the vendor to get the land re-conveyed on repayment of money the vendee would be entit...... 3. The suit was filed seeking redumption of the cot mortgage which was made by the kabala dated July 11, 1935. It may be mentioned that there was stipulation in the kabala in case of repayment of the money received on the execution of the kabala within the month of Magh 1346 B.S. pos...... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ..Category: Property Law | Date: | Hits: 37
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....y Suit No. 44 of 1990 impleading the appellant and 3 others as defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Executi......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......2, Agrani Bank Ltd., filed Money Suit No. 44 of 1990 impleading the appellant and 3 others as defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into exe..Category: Civil Law | Date: | Hits: 111
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
....he house up to 1990 and thereafter since the house became unsafe and unfit for habitation the stuffs of the Sylhet Collectorate were not staying in the house in question, that at one time the part of the house was leased out at a rent of Tk.200/- to Nazrul Academy, a non-government cultural......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ..Category: Property Law | Date: | Hits: 28
Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
....sing the judgment and decree dated 24-05-2001 passed by a Senior Assistant Judge, Saturia, Manikganj in Title Suit No.91 of 1999 dismissing the same. 2. The Case of the petitioner (opposite-party-plaintiff) before the trial Court was that he (plaintiff) instituted Title Suit 91 of 1......eir purchased land. The defendant made a boundary wall covering his land, mutated his name and paid rent. The plaintiff did not purchase the homestead. The defendant possessed the same. The fact of payment of rent to the plaintiff is not true and accordingly, the defendant prayed for dismissal o......as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ..Category: Property Law | Date: | Hits: 22
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
.... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ......r any demurrage claim by the respondents. 7. The question that calls for determination whether the import of the consignment in question as well as its clearance by the customs on payment of necessary duties turns on the interpretation of section 4 as well as section 2(e) of the...... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ..Category: Business or Commercial Law | Date: | Hits: 94
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
....nal Procedure. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination is total denial and inter alia case that he did not take part in the occurrence inasmuch as the alleged confessional statement made by him is not true and v...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ..Category: Criminal Law | Date: | Hits: 43
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....d others, who are the officers and employees of the Bangladesh Bank, Khulna Branch, in collusion with each other creating four forged bills of the office of Deputy Director Agriculture Extension Department, Khulna and also creating forged advices, withdrew Tk.7,25,400/- on 2.8.1992 from Banglade......r advices as alleged and those bills came to them in the regular course of business from the District Accounts Office, D.A.O. with proper embossing seals and authority and as per the advices payment was made to the cashier of the Office of Deputy Director, Agriculture Extension Department ...... Appendix No.1, there is list of the Heads of Departments and the same shows that the Director of Agriculture (Extension and Management) is the Head of the department and the house building advance loans, as per the financial rules, are allowed by the Head of the Department and without his letter..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....nd othÂers, who are the officers and employees of the Bangladesh Bank, Khulna Branch, in collusion with each other creating four forged bills of the office of Deputy Director Agriculture Extension Department, Khulna and also creating forged advice withdrew Tk. 7,25,400/- on 2.8.1992 from the said B......t and they did not forge or create any bill or advice and those bills came to them in a regular course from the District Accounts Office with proper embossing seal and authority and as per the advice payment was made to the cashier of the office of Deputy Director, Agriculture Extension department a......endix No. 1, there is the list of the Heads of Departments and the same shows that the Director of Agriculture. (Extension and Management) is the Head of the Department and the house building advance loans as per the financial rules that are allowed by the Head of the Department and without his lett..Category: Anti-Corruption Laws | Date: | Hits: 81
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
....f the land since their purchase, that after purchase when the plaintiffs took steps for mutation of their names it was noticed that defendant No. 1 illegally mutated his name in respect of the part of the land in suit and the plaintiffs as against the mutation filed objection and the same w......f the deed of re-conveyance possession of the land in suit was surrendered by Nagesh chandra Ghosh to Manada Chandra Ghosh and he since the date of deed of re-conveyance possessed the land on payment of rent to the Government, that Manada Chandra Ghosh possessed the land to the knowledge of......dra Ghosh to the effect that if the borrowed money is returned within two years, Nagesh Chandra Ghosh would reconvey the land of the aforementioned kabalas, that Manada Chandra Ghosh paid back the loan amount to Nagesh Chandra Ghosh and he executed a deed of re-conveyance on July 14, 1964 but th..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
....harging the Rule obtained against the judgment and decree dated February 28, 2000 in Title Appeal Nos. 15, 16 and 33 of 1997 of the 1st Court of Joint District Judge, Gazipur allowing the appeal in part and thereupon modifying the judgment and decree dated October 31, 1996 of the Additional Cour...... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ...... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ..Category: Property Law | Date: | Hits: 19
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
.....95 passed by the learned Assistant Judge, Razar Hat, Kurigram in Other Class Suit No. 37 of 1994 decreeing the suit in preliminary form. 3. The petitioners filed the above suit praying for partition after declaration of their title in the suit land contending, inter alia, that the suit ....... Khatian where the name of Purnamoyee has been recorded in respect of the land auction purchased by her and there are good number of rent receipts which has been marked exhibit Kha series showing payment of rent by Purnamoyee which prove the continuous possession of the defendant No.1; the...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..Category: Property Law | Date: | Hits: 67
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ting the contesting defendants. 3. It appears before the trial Court a solehnama was filed by some defendants. The Court while decreeing the suits made the said compromise petition part of the decree. 4. As against the judgment and decree of the trial Court in Suit Nos. 5 ......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....6 of 1992. 2. The plaintiff-respondent filed the suit impleading the petitioner as defendant No.5 and others as the defendants praying for decree declaring the deed of agreement between the parties cancelled and for recovery of compensation to the tune of Tk. 25 lac stating, inter alia, t......5 between the concerned parties including the plaintiff and the defendant No.5 and the plaintiff was granted sanction letter in 1985 on condition that the Krishi Bank would supply the machinery on payment of fund in foreign currency and the plaintiff would purchase land and construct factory bui......achinery on payment of fund in foreign currency and the plaintiff would purchase land and construct factory building for establishment of the Ice Plant and cold storage. It was agreed upon that the loan would be sanctioned in foreign currency and not in Bangladeshi currency. A tripartite contrac..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....any title or interest in the land in suit, that in the proceeding initiated upon the application filed by the defendant No.1 in the office of the local Revenue Officer the plaintiffs were not made parties. 3. The suit was contested by the defendant Nos. 1-3 by filing written statemen......hat in pursuant to the order of the Revenue Officer defendants paid Tk. 250/- on August 8, 1981 and obtained the receipt and on May 13, 1985 paid Tk. 250/- and obtained the receipt, that after the payment of first installment Revenue Officer passed order directing the relevant officer to hand ov......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....ed into possession and made construction spending huge amount of money and, therefore, cancellation of the lease is without any lawful authority. Their further case is that they were not made parties in the Writ Petition No. 2301 of 1992 and the contempt petition and they had no knowledge o...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....do not concede, they were, by operation of section 139 of the Contract Act, 1872 ("the Act"), discharged of any obligation under the terms of the guarantee by the omission of the opposite party-respondent No.2 to pray for foreclosure of the said mortgage or for the sale of the mor...... 25.10.1991 entered into between the respondent No.2 and the proforma respondent No. 3. The petitioner Nos. 1 and 2 and the proforma respondents Nos. 4 to 6 have been alleged to be liable for the repayment of the alleged dues a Guarantee Agreement dated 25.10.1991. The proforma respondents Nos. ......n Adalat Ain 1990 which provides that notwithstanding anything contained in any other law for time being in force subject to the provision of sub-section (5) and (6) thereof, the realization of any loan by financial institution is to be done through suit filed in Artha Rin Adalat and the same sha..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....view of the matter we are of the view that the judgment passed by the High Court Division resulting in releasing of the property from the list of abandoned property should be maintained. Before we part with it may be mentioned that in case of non-consideration of materials by the trial court nor......e learned Attorney General submits that the said document being not a public document was not filed before the court properly and as such no credence can be given to the said document. The fact of payment of lease money thus being not proved the writ respondents or their predecessors' claim of g......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..Category: Property Law | Date: | Hits: 22
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
....led to know all the above particulars of the candidates. 4. No affidavit-in-opposition was filed on behalf of the respondents. However, the writ petition was heard and upon hearing the parties the learned Judges of the High Court Division made the Rule absolute by the impugned judgme....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ......lfilling the commitment to the people. g) Description of assets and liabilities of the candidate and dependent of the candidate. h) Particulars and amount of loan taken from Bank or Financial Institutions deals with public money personally, jointly or by..Category: Election Law | Date: | Hits: 124
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....upon setting aside the judgment and decree dated February 28, 1978 of the 1st Court of Subordinate Judge (now Joint District Judge), Faridpur in Title Appeal No. 185 of 1976 allowing the appeal in part upon reversing the judgment and decree dated August 27, 1976 of the Additional Court of Munsif......nt and stating, inter alia, that by a deed of Heba-bil-Ewaz dated February 16,1945 Abdul Barik Mollah transferred the land of R.S. Khatian No. 118 to his wife Fuljan to discharge the obligation of payment of dower or in other words to discharge the dower debt, that after the death of Fuljan her ...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ..Category: Property Law | Date: | Hits: 21
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