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Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......as not aware of the service of summons and the result of the suit, but only in the month of Chaitra 1401 (BS) she came to know about the suit and the decree. The defendant No.46 has got a substantial interest in the suit property which she has inherited from her father. But unfortunately the plainti..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......r of allotment dated 08.10.1990 on condition of payment of 25% of the salami within one month @ of Tk. 8 lacs per bigha and the balance was required to be paid in 9 equal yearly installments with 10% interest. The writ petitioner could not pay 25% of the salami within the time mentioned in the allot..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ...... Ltd. were appointed by Regent Ken International Ltd. as their local agent. That fact was established by the judgment and decree in Admiralty Suit No.16 of 2000. However, it is equally clear that the interests of Viking Associates Ltd. became hostile to the owners of the ship, i.e. the petitioner, a..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ......rt facts for disposal of the Rule are that the plaintiff, Civil. Engineering Co instituted the suit against the defendant, Mahkota Technology and others for a money decree of Taka 2,94,93,333.69 with interest at the rate of 20%. 3. Pursuant to summons, defendant No.1 appeared and on 10‑4‑03..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......d by an Army Officer who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Station and to make a GD Entry that he was carrying the foresaid amount in interest of his safety, security and protection. Accordingly the petitioner went to the Madhabpur po..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......facts are that the pre‑emptor filed Miscellaneous Case No.180 of 1982 in the 2nd Court of Assistant Judge, Rangpur for pre‑emption of the case land stating, inter alia, that the predecessor-in‑ interest of opposite party Nos.2 and 3 transferred the case land by a kabala dated 24‑31-980 (re..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......suffered loss. 10. Redsun Company then made an application to the Registrar of said Association for constitution of a tribunal for arbitration, claiming Taka 5, 99, 00,372 for business loss with interest at the rate of 20% thereupon. The same tribunal on 29‑6‑96 gave an ex‑parte award of ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......on 14-2‑95 instituted the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No.12 acquired no title or interest in the suit land by deeds being No.16519 dated 23‑12-94 and No.721 of 13‑1‑95. 3..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ...... possession of the suit property. 5. On 2‑1‑85 said Anisuddin Ahmed orally gifted the suit property to the plaintiff in front of other co‑sharers and relations divesting himself of all his interest therein. Then, on 16‑1‑85 said Anisuddin Ahmed had sworn an affidavit before a Notary P..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ...... Since the applicant is a beneficiary in the Waqf estate, he is entitled to represent the waqf estate. Section 35 read with section 50 of the Waqf Ordinance, 1962 -Any person claiming an interest in the waqf is entitled to make a petition before the District Judge if he is aggrieved by ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......ka 25,00,000 at the rate of Taka 1,000 per TV set and thereby, in six years from 1982 to 1988 would have earned profit in total Taka 1,50,00,000. In account statement Taka 59,13,890.44 only was shown interest and without any instruction Taka 68,44,370.94 debited in CD A/C No.4106. The defendants the..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......atives. So he could not repay the loan of the House Building Finance Corporation and could not avail the benefit of the notification dated 30‑6‑1992 issued by the Corporation for exemption of 50% interest. The plaintiffs, on the other hand, did not try to get the sale deed registered by paying t..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ...... A licence to property is based on trust which makes the action lawful, which without it, would have been unlawful. Therefore, licensee means, in essence, possession or enjoyment, without passing any interest in the property to which it relates, which could be otherwise wrongful…….(22)..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......ited. 6. It is contended that the arbitrator misconducted both himself as well as the proceeding. 7. Lastly, it is contended that the arbitrator went beyond his authority in granting future interest of Taka 1, 88, 76,889.00. In support, Janab Md. Asalat Zaman Vs. Government of Bangladesh, ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......ailed in the plaint that the predecessor of the defendants themselves filed a suit for declaration that the property is a waqf property and for recovery of khas possession from the predecessor‑in‑interest of plaintiff‑respondents and that the suit having been decreed but admittedly no delivery..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......sed by a Division Bench of the High Court Division in First Appeal No 92 of 1971 allowing the appeal. 2. Short facts are that, one Abdus Salam Chowdhury, the predecessor‑in‑interest of the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......dmittedly, Artha Rin Adalat Suit No. 147 of 1992/113 of 2000 was filed for a money decree in respect of the loan amount allowed to Coast Marine Lines Ltd for a money decree of Taka 1,33,70,592 with interest and for realisation of the money by sale of mortgage property and the property described t..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......in favour of Ayesha Khatun by a registered lease deed dated 23.12.1953. Nafisa Khatun sold her share to the Respondent No. 1 (pre-emptor) by the sale deed dated 18.4.1972. Ayesha Khatun also sold her interest to the appellant (pre-emptees) by a registered sale deed dated 10.9.1973. This sale was s..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......y to the respondent Bank. The respondent bank served a legal notice upon the petitioner through its lawyer on 13‑2‑2000 and requested the petitioner to adjust his outstanding dues with up to date interest. After receiving the notice although the petitioner promised to pay his outstanding dues by..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......cate further submitted that the leave‑petitioner as plaintiff proved the identity and description of the suit land and by positive evidence on record succeeded in establishing his right, title, interest and possession of the suit land and the High Court Division without applying the judicial m..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
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