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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. ......perty claimed to have been executed by the defendant No. 1 on November 5, 1973 in favour of the plaintiffs and the defendant No. 3. 3. Plaintiffs have filed the suit stating, inter alia, that the land in suit belongs to defendant No. 1 and, he has entered into an agreement with them to sell the ..

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:  ......lently created. 5. Title Suit No. 27 of 1976 was decreed ex parte on 5.1.1985 and the Kabala was exe­cuted and registered through the Court. The respondent Nos. 1-6, however, purchased the suit land from the plaintiff Jahanara Begum but meanwhile respondent No. 7 the appellant in Civil Appeal ..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ...... petitioner, a co‑sharer tenant, filed an application under section 96(4) of the State Acquisition and Tenancy Act, hereinafter called "the Act", for pre‑empting the case land on the averment, inter alia, that though the pre‑emptor petitioner is claiming the pre&..

Category: Property Law | Date: 5 May, 2003 | Hits: 141

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....r the sale of the shares and application for registration of transfer of shares.  31. In this case several meetings were held by the directors of the companies and attempts for amicable settlement failed, because of infighting for dividing the shares among themselves. It is true that ......ellip;..(27, 29 & 33)  Cases Referred to-  Bajaj Auto Ltd vs NK Firodia (1971) 41 Comp Cases 1, 6, 7 (SC); Re Smith & Fawcett Ltd. (1942) Ch. 304 & (1942) All England Report 542.  Lawyers Involved:   Dr. Salauddin Ahmed, Advocate, ..

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. ......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. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ompany court granted an injunction restraining the company from creating any further liability. It came to the notice of the petitioners that BSRS had agreed to accept Taka 55 lac in full as final settlement of 1.9 crore. The application to wind up the company was heard and the court dismissed i...... any form that is thought to be suitable either by the applicant or by the court. In the equivalent jurisdictions, there art specific provisions which provide the relief, such as section 261 in England and section 260 in Australia, The Indian section 397 is flexible as the Bangladeshi provision ..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

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.  ......stat certified copy of a decree of Title Suit No. 663 of 1978 of the Second Court of Munsif, Satkhira in support of his case. The appellant prayed for mutating his name in respect of 0.44 decimals of land in plot No. 1858 of SA Khatian No. 983 under 101 Kotia Mouza with Satkhira PS. &nb..

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. ...... We find hardly any materials on record to differ with the finding arrived at by the High Court Division. 12. Be that as it may, it has been proved that there was an agreement for sale of the suit land for an amount of Taka. 1,68,000 between the parties and at the, time of baina only Taka 5,000 w..

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

.... Writ Petition No. 785 of 2000. A Division Bench of the High Court Division disposed of the writ petition upon making direction to the Adalat "to dispose of the issues of law first and postponed settlement of facts until the issues of law have been determined". Thereafter, the Adalat by th...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ..

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.  ......   State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer tak..

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.  ......iven huge ornaments and cash money and after death of her father she inherited all movable and immovable properties of her father and she also got, compensation for acquisition of some other paternal land and thus from her own source which she acquired from her father's property, she had purchased m..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

.... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......n Appeal Case No. 98 of 1984 illegal, void and not binding on the plaintiff.   2. Facts in the background of which the suit was filed, in short, are that Kamini Sundari Devi as owner of the land in suit on receiving Tk. 700/- out of total consideration of Tk. 1,000/- executed a bainapatra ..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

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. ......ance, to have been issued without lawful authority and is of no legal effect.  3. The impugned notice was issued proposing requisition and acquisition of more or less 0.1080 and 0.0620 acres of land owned by writ petitioners (respondent Nos. 1-13).  4. The writ petition was filed stating..

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. ...... the suit shops by running a business under the name and 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 refix..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)

....gnatures. Exhibit F a typed acknowledgment by Md Moqbul Ahmed on a Taka 3 stamp. On perusal of the same it appears that the "Subject Transfer of shares" and in fifth line the words "as full and final settlement of our claims against surrender of our shares to our nominated persons" were typed by dif......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......rofound and fully justified concerns to many people. However, task before the court is not only to weigh or evaluate or reflect those concerns and views but more to ascertain and apply the law of the land on review as it now stands understood.  24. A review, lies only when the alleged er..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

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. ......rformance of Contract on the aver­ments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of the respondent No.1 on 11.7.1970 for sale of land measuring 10 (ten) kathas 5 (five) chateaus, more or less, situated in the Gulshan Model Town ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....laintiff informing that under instruction of the Ministry it agreed to pay compensation of US$ 614,855.25 and further US$ 1000,000 for loss of goodwill, 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 de......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

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......e. 6. The defence case is total denial of the allegation. The further defence case is that, the victim PW 3 entered into an agreement with the appellant on 5-10-1996 for the sale of 22 decimals of land for Taka 25,000 out of which she took an advance of Taka 17, 0000 but she did not execute the n..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77