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Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......is directed against the judgment and order dated 9‑11‑1997 of the High Court Division passed in Writ Petition No. 1320 of 1993 making the Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka i..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......e facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Petition No.3705 of 2001 before this Court calling in question the requisition and acquisition of the property of the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issu..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......missing the same with direction to the defendant No. 1 to refund Taka 12,00,000 to the plaintiff and the defendant No. 3. 2. The suit was for specific performance of an agreement to sell the suit property claimed to have been executed by the defendant No. 1 on November 5, 1973 in favour of the p..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ...... No. 27 of 1976 in the 3rd Court of Subordinate Judge, Dhaka for specific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of T..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....f Civil Procedure praying for an order of temporary injunction restraining defendant Nos.1, 2 & 9 from holding election at Noldanga and Panchapolli polling stations in place of Debipur and Joypur scheduled to be held on 28‑1‑2003. On the said application the Court below issued notices upon t......her expressly or by implication. In the second and 3rd parts of said section, obligation arising from contract and the invasion or threat by the defendant to the plaintiffs right to, or enjoyment of, property have been categorized in which injunction can be granted. Those categorizations do not attr..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......er for value. He has paid valuable consideration to the extent of Taka 44 lac for the said shares. He has completed all the necessary formalities for obtaining registration of the transfer and the property of the shares has vested wholly in the appellant. The refusal by the Company to register t..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ed March 4, 2001 passed by a Division Bench of the High Court Division in Writ Petition No. 5021 of 1999 making the Rule absolute directing the respondents therein to restore vacant possession of the property at 5 Bagmara Road (also known as Medical Gate Road) in Kotwali Police Station, Mymensingh i..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......tion 53 of the Act, In relation to body corporate "affairs of the company" means: The promotion, formation, membership, control, business, trading, transaction, and dealings, property, liabilities, profits and the income, receipts, losses, outgoing and expenditure; ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......at the instant application for succession certificate has not been filed by the appellant but same has been filed by his alleged attorney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and, as such, the application was liable to be dismissed. The Government of Bangladesh con..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......y conducted for the purpose of maintaining an upto date record of rights for the state and to ascertain from among several claimants the genuine claimant, who can be given possession of the immovable property in dispute. In sum, its inquiry report lacks finality and authoritativeness of a court as t..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......iah and other............Respondents Judgment February 4, 2003. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 12 In case of sale of immovable property, the court ordinarily does not take into consideration the increase of market price. Furthe..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......exercise the power of sale or its adjustment as a means of discharging or satisfying the amount due to him. The pledgee, therefore, is competent in law to sue for his debt without selling the pledged property and adjusting its price towards the payment of the debt. He has, however, to keep the prope..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......her the decisions reported in 33 DLR (AD) 323; 1987 BLD (AD) 122 and 33 DLR (AD) 309 have been properly interpreted in the instant case. 8. The admitted fact is that, property of holding No. 45(1) belonged to Abdur Rahman who died leaving sons Abdur Razzaque and Abdu..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......sections 102, 103 and 104 of the Evidence Act. In the instant case plaintiff could successfully carry out the onus of proof that the family was a joint Hindu family and it was never broken and the property of the second category was acquired by the income of the first category of property and ou..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ...... the petitioner No. 1 and the other writ petitioners filed objection as against the proposed requisition and acquisition stating that it is not conceivable to be in the public interest to acquire the property as mentioned in the notice which provides access to 160 families and 600 shop owners and th..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... style “Ms Famous Tailoring House." The further case of the plaintiff is that due to negotiation subsequently, a portion of the suit land (3 feet in breadth from the eastern portion of the property) was vacated and the rent was refixed to Taka 110 in place of Taka 135 per month and that s..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......it No. 135 of 1985 before the learned Subordinate Judge, Dhaka, for Specific Performance of Contract by directing the defendant No. 1 to execute and register a deed of sale in respect of the suit property in favour of the plaintiff. 2. The respondent No. 2 Mrs. Mariyam Iqramullah Khan,..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....ill, in total US$ 714,855.25 towards full and final settlement of the claims. The plaintiff accepted the offer. Out of the said amount, the plaintiff deducted US$ 278,276.67 only from the invoices of scheduled jute mills of the corporation but US$ 436,578.58 still remained outstanding. But the Corpo......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... petitioners have taken loan of Taka 1,30,00,000 from the respondent No. 2 on 28‑11‑1984 for construction of 10 storied building on plot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liquidate the loan ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121