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....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.
......‘89 instituted the suit in the First Commercial Court at Dhaka against the Bangthai Electrical Industries Limited and others for a money decree of Taka 74,093,709.26 and also for declaration that the property of defendant Nos.1, 4 and 5 as described in schedule 'Kha' and 'Ga’ were ..
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. ......No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal, in brief, is that the suit property comprising building is in the Model Town of Banani. The suit property originally belonged 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. ....... Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation of ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
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. ......urt Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986 and 11‑6‑1987 are illegal, void and ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arjun and their nephew Bhupati Bhusan Das partitioned their entire property and by way of that partition Juthistir got said northern 36 decimals of land in his share a..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
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. ......f the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge (now Joint District Judge), Rangpur for establishment of title and recovery of khas possession in the suit property stating, inter alia, that he had some properties in the district of Jalpaiguri in India an..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. ......cision arrived at by the Artha Rin Adalat and, as such, the issue that has been decided on evidence in the instant suit could not operate as res judicata as no such issue was framed as to whether the property was the subject‑matter of mortgage arrived at or decided in the previous Artha Rin Adalat..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......9, 2004. Acquisition and Requisition of Immovable Property Ordinance, 1982, Section 47 Application of the provision of the Ordinance when the property was acquired under the Act- Section 47 of Ordinance No. II of 1982 pr..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 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.......e tenants of Khatian No. 450. It is the case of the pre-emtpor appellant that his uncle Abdul Ghani died leaving no male issue and as such Abdul Mogni and for that matter his heirs also inherited the property of Abdul Ghani along with his daughter. It is seen from the materials on record that heirs ..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......educting the amount of Taka 3,69,786.22 already received by the respondents on protest made the final order for payment of Taka 33,53,878.19. 2. Facts, in short, are that respondents' property measuring 5,4250 acres with structures, orchard, tank, etc. were acquired under LA Case No..Category: Property Law | Date: 25 May, 2004 | Hits: 121
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......he respondent No.2, filed a bankruptcy case being Bankruptcy case No.1 of 2000 in the Bankruptcy Court Additional District Judge Chittagong clamming taka 7,23,89,000.00 if necessary by selling of the property belongings to the petitioner company by appointing a receiver.
3. The petitioners cont..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ...... learned Counsel has also referred to the case of Ahmed Hossain and others Vs. Basharat Ali and others reported in 32 DLR (AD) 54 wherein it has been observed "A citizen's right to deal with his property freely, in view of the special statutory provision, bears a clog, that is, subject to right..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......ing the issuance of an order of requisition, of the properties of Kumudini Welfare Trust and to cancel the order of requisition made by the Land Requisition Authority and to restore the requisitioned property to the petitioner and for payment of compensation to the petitioner for causing destruction..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......tement stating, inter alia, that plaintiff and his 2 brothers by name Rahmat and Sohrab Hossain as well as sons of plaintiffs brother, Abdul Zalil, Anwar Hossain and Abdul Kalam are the owners of the property in suit along with 15 other shops, that on behalf of the ownÂers plaintiff was looking aft..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... First Court, Comilla in title Suit No. 82 of 1982 is fraudulent, collusive, illegal, void and not binding upon him. The aforesaid plaintiff filed the said suit stating, inter alia, that he inherited property of one Jyoti Bhushan Dutta as his adopted son and appointed the defendant (Md Nurul Huq) as..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ...... similar control over their staff." 26. First information report against the accused‑respondents in the respective appeal for commission of the offence of misappropriation of the Government property as public servant was lodged by an Assistant Inspector of the District Anti‑Corruption Bu..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... 1982 which was executed upon receiving Taka 1,50,000 out of the total consideration Taka 3,00,000. The predecessor of the present responÂdent Nos. 1 (a) to 1 (c) made over possession of part of the property, i.e. first floor of the building, to the plaintiff. It was also the case of the plaintiff ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......tuted under sub-section 1 of section 3 of the Ordinance and under sub-section 2 it will be a body Corporate, having perpetual succession and a common seal, with powers to acquire, hold and dispose of property and shall by the said name sue and be sued. The function of the Corporation, in general, ha..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ...... other sister Nazma Begum. The verified application for addition does not appear to be opposed. 11. In Nurul Islam and others the Appellate Division was of the view that a trespasser in the suit property is liable to be impleaded in the suit and evicted from the suit property to give effective ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......Mad 302 (303); Varjivandas Vs. Maganlal, AIR 1937 Born. 382. 23. It has been held that an uncertain sum cannot be included in the word 'debt'. Thus, an uncertain right in an ascertained property cannot be the subject of assignment. But a claim for rent to fall due in future is an actio..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
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