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Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....know that Mr. Golam Arshad, Advocate, the husband of the defendant No.1 Sultana Parvin had created kabala deeds in respect of Waqf property. She searched in the respective Sub-Registry Office and got particulars of those deeds. One of the deeds is in the name of Sultana Parvin, the defendant of Titl......Bibi, the plaintiff became Mutwalli of the Waqf Estate. She maintained the property and incurred incidental expenditures of the Mosque. Some of the Monthly tenants of the Waqf properties defaulted in payment of rent. So suit was filed for eviction against those tenants from the Waqf property. She ha......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....ppellant that the liability of the appellant with National Bank Ltd has been absolved and during the subsistence of the aforesaid order of stay dated 2.7.97 there was also no legal bar on the part of the appellant, to be elected as director of National Bank Ltd in the Annual General Meeting......ctioned as a director of National Bank Ltd and so the High Court Division rightly discharged the Rule holding that the appellant failed to show that he has been absolved of the guarantee upon full payment of his liabilities within two months after receipt i of the notice dated 3.9.95 and he havi......s from the date of receipt of the above notice failing which the appellant would be deemed to have vacated his post as director of above Bank; in the said notice the appellant was shown liable for loan of Tk. 51.76 lacs against the A/C of Md. Amanullah though the appellant was merely a guarantor..Category: Banking Law | Date: | Hits: 112
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
...., this suit was filed. 3. The leave-petitioner as defendant No.1 contested the suit by filing written statement denying the claim of the respondent-plaintiff No. 1. 4. Upon hearing the parties, the learned Assistant Judge dismissed the suit against which the plaintiff-respondent took......e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ..Category: Property Law | Date: | Hits: 53
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....ations against the company as well as the Chairman and the duly appointed Managing Director of the company, those allegations, being false, need to be controverted and so the company should be made a party in the matter as the respondent No.2. The petitioner filed an affidavit-in-reply denying the......any 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: IV ADC (2007) 855. ......any 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: IV ADC (2007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further direction to the trial court for giving opportunity to the parties to adduce further evidence "if it is at all necessary" and also for fresh consid......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ged to Md. Yasin who died leaving the plaintiffs' predecessor Abdul Motalib and the predecessor of defendant Nos. 9-13 as well as defendant Nos. 22-24, that Md. Yasin's property after his death was partitioned amicably. Abdul Motalib was in permissive possession from plaintiff No. 9 in respect of...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
.... of the defendant to prove his case instead of whether the plaintiff has been able to prove his case or not. It appears that the trial Court dismissed the suit on assessment of the evidence of the parties and the High Court Division on proper appreciation of the evidence on record affirmed the j......ot sending the case on remand to the appellate Court for writing a proper judgment after discussing the evidence of P.Ws in its proper prospective in spite of the fact that the plaintiff proved the payment of consideration money and delivery of title deeds and delivery of possession of the suit ......n and also barred by the principles of estoppel, waiver and acquiescence. His specific case, in short, is that on account of urgent necessity (of) money, the defendant approached the plaintiff for loan of an amount of Tk. 3,000.00 in the month of Jaishstha, 1379 B.S. and the plaintiff agreed to ..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
.... impression. They claimed to be in possession of the property as Ismail Gazi's legal heirs and according to their legal shares. 4. The trial Court on consideration of the evidence led by the parties accepted the case of plaintiff. The learned Subordinate Judge found the waqfnama a genuine ......ed in the different clauses of the waqfnama also shows that the wakif made clear provisions to ensure complete dedication in accordance with the requirement of Muslim law Clauses 1 to 6 provide for payment of allowance to different beneficiaries named in the waqfnama, Clause 7 provides that Rs. ......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
.... and order dated 16.11.2005 passed by a Division Bench of the High Court Division in Criminal Revision No. 652 of 1993 discharging the Rule. 3. The Rule was issued calling upon the opposite parties to show cause as to why the proceeding in Special Tribunal Case No. 9 of 1991 (in fact Spec......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ...... out of F.I.R. lodged by one Assistant Inspector of D.A.B., Bogra alleging, inter alia, that one Abul Hossain Ex. Assistant Director Jute, Bogra Zone, a public servant received Tk.1, 00,000/-being loan money paid by farmers from Md. Khalequl Islam, Ex-J.E.O. Shariakandi and others by granting re..Category: Criminal Law | Date: | Hits: 96
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....ng a deed of heba-bil-ewaz and another being a deed of sale were nothing but a give and take among Malekun and the pre-emptee petitioners, fufu and nephews, can be termed as an exchange or amicable partition among the co-shares; since Malekun re-transferred the case land in favour of the pre-empt......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ..Category: Property Law | Date: | Hits: 34
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....usain CJ. - Defendant is seeking leave against the judgment and order dated 13th April, 2005 passed by a Division Bench of the High Court Division in First Appeal No. 552 of 2000 allowing the same in part which arose out of judgment and decree dated 17-08-2000 passed by the learned Subordinate Judge......ioner-firm, M/s. Abul Hossain and Brothers approached the plaintiff-Bank on 09-06-1993 for financial assistance and accordingly the said Bank sanctioned Tk. 15,00,000/- on 22-09-1993. The period of payment(sanction period) was up to 31-08-1994; and for which the petitioner executed necessary charg...... period) was up to 31-08-1994; and for which the petitioner executed necessary charge documents in favour of the plaintiff-Bank and the defendant-respondent Nos. 3-5 stood as guarantors of the said loan and they also mortgaged the schedule property to the plaintiff- Bank. The defendant-responden..Category: Banking Law | Date: | Hits: 85
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....sion also observed that this order was not stayed by the High Court Division and accordingly the High Court Division concluded that the kabala Ext.1 has been registered long back sometimes in later part of 1975 of in the early 1976 and accordingly rejected the application. 5. In the facts an......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
.... No.9 of 1987-88 in respect of the suit land is illegal, void etc. It was stated in the plaint that the suit property belonged to Jogendra Mohan Chakraborty and Lat Mohon in equal shares and after partition in 1947 they left for India and settled there and 1.18 acres of land was taken away by th...... appellate court. 9. We have considered the submissions and perused the materials on record. 10. It appears that the plaintiffs explained the circumstances preventing them from making payment of the balance amount of salami stating, inter-alia, that they in good faith paid the amoun......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....ling written statements denying the material allegations made in the plaint and contending that the plaintiff did not repay the loans within the period stipulated; there was no promise on the part of the defendants to give further loan to the plaintiff; the defendants by their letter d......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......oint District Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards compensation on the averments that they obtained loan from Bangladesh Shilpa Bank to set up an industry for manufacturing electric bulbs and they al..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....case against the employees of the defendant No.1 submitted report for prosecution and the case was submitted to the Narayanganj Magistrate for trial, that the matter was also investigated by the Department of Shipping and report was submitted on August 25, 1986 with the finding that the defendan......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....94; that defendant paid rents for the months from September, 1993 to January, 1995 but did not give any receipt for the said amount and the Bazar Committee could not settle the dispute between the parties and in view of the decision of the Bazar Committee the defendants remitted rent for the mon......ry, 1992 and the balance amount realizable from the plaintiff till 13.06.1994 stood at Tk. 32,448.00 and in such situation the defendants took rent of one room from plaintiff No.3 on 15.06.1994 on payment of security for Tk. 20,000.00that the rest amount for Tk. 12,464.00 was adjusted against re......aintiffs' case stating inter alia, that the plaintiffs though received the rents from the defendants in time but were in the habit of not issuing rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book and in terms of..Category: Property Law | Date: | Hits: 35
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....………………..Respondents Judgment May 27, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ex-parte - the Respondent. Civil Appeal No.449 of 2001 (From the judgment and order dated 2......he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....and since then plaintiff is possessing the land on payment of rent to the Government, that there is passage over the suit plot No. 837 and the said path has divided the land of plot No. 837 in two parts, in one part .03 decimal of land, that recent revisional record of right has ......e of Jairuddin, that Araben Nessa and Lokman son of Giasduddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government, that there is passage over the suit plot No. 837 and the said pa......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......n took the same to his Khas possession; Abdul Aziz, the father of the plaintiffs, then took pat-tan of the suit land by registered kabaliat in the year 1943 and went into possession of the same on payment of rent to the landlord and S.A. record was duly prepared in the name of Abdul Aziz; s......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....tagong in Other Appeal No.726 of 1994 reversing those of dated 29.9.1984 passed by the learned Munsif (now Assistant Judge), Rangunia, Chittagong in Other Suit No. 110 of 1982 decreeing the suit in part. 2. The plaintiff, the predecessor of the petitioners, instituted the above Other Suit ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
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