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Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
.... who transferred the same to defendant No. 1, Shamsul Haq by a Heba-bil-Ewaz deed dated 11-07-1985. In this way, defendant No.1 and 2 have been in possession of the specified area in the southern part of the suit land. 4. Upon hearing the parties, the trial Court decreed the suit by his ......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..Category: Property Law | Date: | Hits: 23
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....tion Nos. 40-44 of 2004 the 20th Annual General Meeting may be allowed to be held without the agenda of election of directors after condoning the delay and that there was no willful default on the part of the company. The learned advocate for Bangladesh Bank, the petitioner herein, on the o......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....urchased the suit land from the original owners in the benami of his relative Srish Chandra Bhattacharjee by a registered kabala dated 28.07.1927. Subsequently he divided the suit land into two equal parts and created two separate Municipal holding being holding No. 12 (new 23) and holding No; 13 (n......1967. The plaintiffs brought two suits, one 984 in 1962 another 134 in 1964 for ejectment of the defendants as monthly tenants from holding Nos. 13 and 12 respectively on the ground of default in payment of rent and bona fide requirement of the owner. 3. The defendants contested the suits by ...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
.... said report the Assistant Collector held an inquiry on 07.01.1993 and the petitioner was transferred to Chittagong Sadar office library. Thereafter, the petitioner was placed under suspension. A departmental proceeding was initiated against him by framing charges with the allegations that he was......he Collector of Customs and the Chairman of National Board of Revenue, Dhaka that M/s. Rahman and Company in connivance with Assistant Collector, Abul Khair Bhuiyan and others fraudulently avoided payment of VAT to the Government showing alleged destruction of foreign raw materials (meant for pr......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....e appeal for hearing and there being no illegality the appeal is liable to be dismissed. 10. Leave was granted to consider the above submissions which were made earlier also on behalf of both the parties at the time of hearing the leave petition. 11. Opposing the appeal Mr. T. H. Khan, learn......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......andard Chartered Bank and mortgaged the property mentioned in schedule A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit No. 261 of 1999 and the borrower defaulted in repaying the loan and so the aforesaid bank filed the above suit for realizing the money and obtained a decree of..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
....on for Leave to Appeal is directed against the judgment and order dated 18.04.2005 passed by a Division Bench of the High, Court Division in Criminal Appeal No. 2513 of 2003 allowing the appeal in part and thereby convicting the accused Md. Aminur Rahman, Md. Shirajul Islam @ Khasru and Du...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..Category: Criminal Law | Date: | Hits: 61
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....unsel for the petitioner submits that the petitioner, a statutory corporation, complied with all the necessary formalities before purchase of the above Plot No.4 and there being no laches on their part it would be unjust and inequitable if they are deprived of their lawful right, title and inter......ccupation and then the respondent No.4, having claimed to be the allottee/owner of the plot, was asked to submit the original papers of title to the Ministry of Works and also to produce Income Tax payment certificate but he failed to submit those; the file of RAJUK which were made available to ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....nal District Judge, Court No.7, Dhaka in Title Appeal No.153 of 1999 affirming those dated 08.03.1999 passed by the Subordinate Judge, Arbitration Court, Dhaka in Title Suit No.51 of 1997decreeing in part. 2. One Abdur Rab as plaintiff on 17.11.1990 instituted Title Suit No.388 of 1990 in the Fir......th his family leaving behind the possession of the suit property to one Md. Idris Ali. Thereafter, whereabouts of said Nasim Razzak could not be ascertained. While Idris Ali was thus in possession by payment of municipality taxes, rates etc. he on 12.08.85 transferred the possessory right to the pla......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
....Judge (now Joint District Judge), 3rd Court, and Artha Rin Adalat, Dhaka in Money Suit No. 59 of 1992 allowing an application filed by the plaintiff for direction upon the defendants to supply the particulars of the heirs of the deceased defendant No.3 (the said defendant has been impleaded as r...... the bank for loan and thereupon an amount of Tk.14,00,000/- was sanctioned on March 15, 1996 and on May 15,1978 loan amount was enhanced to Tk. 36,00,000/-, that defendant No.3 stood guarantor for payment of the said loan and he mortgaged his property in favour of the bank to secure payment of t......e same and also for the order to sell the mortgaged property. 3. It appears from the materials on record that defendant No.1 of Money Suit No. 113 of 1983/59 of 1992 approached the bank for loan and thereupon an amount of Tk.14,00,000/- was sanctioned on March 15, 1996 and on May 15,1978 ..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....ng a joint written objection contending, inter alia, that Akkas Ali admittedly was the owner of .21 acres of land and he died leaving one son Abdur Rashid and two daughters and they were necessary parties in the case, but they not having been made parties the case was bad for non-joinder of nece......ary parties. Saleha Begum in the month of Agrahayan 1397 B.S. mortgaged the case land for Tk. 8,000/- to the pre-emptor Jasimuddin on the basis of an unregistered agreement on condition that on re-payment of the said money the pre-emptor Md. Jasimuddin would restore possession of the case land t...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..Category: Property Law | Date: | Hits: 32
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....velopment of those low lying, ditches by filling with sand, viti sand, cowdung, fertilizer and green fertilizer. 7. The local people as well as the visitors from Dhaka and other part of the country used to say their prayers in the Katcha Mosque and the worshippers who used to ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ging the First Appeal and rendering the First Appeal infractuous; that the High Court Division failed to consider during pendency of Title Suit No.44 of 2000 the Court below after hearing both the parties granting injunction in respect of the possession of 12 annas share of the case Jalmohal in ......d and thereafter the said order has been extended from time to time by the Government. Thereafter cancelled the said lease by the Memo No. S.A./Char-1/95/1986 dated 05.07.1995 on the ground of non-payment of rent from 1395 B.S. to 1401 B.S. The plaintiff petitioner then filed writ petition No.15......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....of Tk.5,000/- and on payment of the consideration money the plaintiff executed and registered the deed in question in favour of the defendant No.1. The further case is that it was settled between the parties that Wali Mia, son of the plaintiff would become a monthly tenant in the shop on the suit la......baria and the defendant No. 2 agreed to take the land in mortgage for his daughter, defendant No. 1 at a consideration of Tk. 5,000/-. It was agreed that the defendant No.1 would reconvey the land on payment of consideration money. Accordingly plaintiff was taken to Sub-Registrar's Office by the def......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....hat no notice was issued upon him terminating the tenancy and that there was no cause of action for the suit and the suit was liable to be dismissed. 6. The trial court recorded evidence of parties and dismissed the suit. 7. The High Court Division by the impugned judgment and orde......ner, became a tenant at will who started doing his business in the suit premises paying monthly rent at the rate of Tk.2,000/- and the paid rent up to April, 1996 but thereafter defaulted in payment of rent with effect from May 1996 and thus rendered himself liable to be evicted and that t......the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
.... style M/S."Purbarag Hotel" that the petitioner most illegally in collusion with one Khorshed Alam filed a case being House Rent Case No.264 of 1976 wherein the said Khorshed Alam was made one of the parties and thereby depositing rent in the said house rent case and that, the Waqf Estate has been d......nt to the respondent and that the defendant No.1 having not been paying rent to the respondent as per the terms of agreement became defaulter since 1986 and is liable to be evicted being defaulted in payment of rent and that the defendant No.1 most illegally without taking consent of the plaintiff b......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....t set of defendants filed written statement denying the material averments made in the plaint and stating, inter alia, that one Hanif Uddin Sarker took settlement of 14.31 acres of land in 1343 B.S. (part of 'Ka' schedule land) from Harilal Ghosh and others, that S.A. khatian was prepared in the na...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....his Court directing the respondents to surrender forthwith to undergo the remainder of the sentence awarded against them. The accused were accordingly re-arrested to undergo the rest of the sentence apart from the sentences of imprisonment already undergone. As against the aforementioned judgment, t...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....elevant facts are that the petitioner as plaintiff instituted Title Suit No. 306 of 1989 and subsequently was renumbered as Title Suit No. 62 of 1996 in the 4th Court of Assistant Judge, Dhaka for partition of 0.65 acres of land out of 1.35 acres of Plot No. 125 of CS Khatian No.53 of Mouza......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......t the trial Court shall be at liberty to consider the matter of valuation of the suit property at the time of trial of the suit and shall pass necessary orders as deemed fit according to law as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition i......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....lic Service Commission and thereafter the decision was taken at the highest level and, as such it cannot be said that there was no consultation in accordance with the law. 15. Before parting with the case it may be stated that in the petition before the Tribunal there was no allega......ho adopted the procedure. He has not created any new situation for which he may be personally held responsible and in some cases he has simply caused a situation for the department to make certain payments though he has not himself made any such payment. It is in the inquiry report that such sit......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
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