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State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ...... Ed. This Case is also Reported in: VI ADC (2009) 37. ......and decree of the Artha Rin Adalat and the learned Judges of the High Court Division fell into a serious error of law in directing registration of the appeal without such 'Money' deposit; that the question involved in this petition as to whether furnishing of bank guarantee, in lieu of depo..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
.... applied for allotment of a plot in Johar-sahara residential project on 10.12.1991. Thereafter, at his request he was allotted an alternative Plot No. 281/C at Mohakhali D.O.H.S on 23.05.1993. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the......f Akhlasur Rahman and others vs. Safarullah and others reported in 42 DLR (AD) 189. The words 'waiver' and 'acquiescence' and the abandonment of the writ was aptly considered in Halsbury's Laws of England, 3rd Edition, Volume 14, page 637 wherein it is stated that "Wavier, is the abandonment of the ......to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... and as a matter of fact she lives at that address i.e. House No.281/C, Road No.19/C now D.O.H.S. along with her son and daughters. She is in exclusive possession of the house on the allotted plot in question. The writ petitioner had left the house and was reportedly living with his second wife at S..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
.... land managed the case land to be acquired for setting up its industry by influencing the local administration. Although the case land is shown in paper to have been acquired by the Government and possession handed over to writ-respondent No.5 as the requiring body but in fact the writ petitione......g 2.50 acres of Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the ...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......t the right of the writ petitioners to have the case land dropped from the said L.A. Case No.1/90-91. 6. Against this backdrop, leave was granted to consider whether the acquisition in question is for public purpose, whether the acquisition of the case land is malafide for procuring ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....e said Act. 42. It is true that the prosecution has been able to prove the death of Peara Begum under section 10(1) by the condemned prisoner as he is proved to have been in exclusive possession of the P.O. House when deceased Peara Begum died and he failed to account for it but the ......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......ndergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......P.W.4 Peara Begum daughter of the informant is the only eye witness to the occurrence. 21. The trial Court observed that the P.W.4 appeared to be 5/6 years old and she could understand the question put to her by the learned Advocate and she was found to be intelligent. 22. In h..Category: Criminal Law | Date: | Hits: 62
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....ctively. Golam Ali died unmarried leaving behind his sister, Asirunnessa as his heir and successor. Mukta Bibi also died leaving behind her daughter Asirunnessa as her heir while Asirunnessa was in possession of the property, the land was recorded in her name correctly. Asirunnessa died leav......0 of 2001 discharging the Rule. 2. The plaintiff instituted Title Suit No.147 of 1998 in the Court of Senior Assistant Judge, Additional Court, Jhenaidah for declaration of title in the suit land described in the schedule of the plaint stating, inter alia, that the land of C.S. Khatian No......ssed. Ed. This Case is also Reported in: V ADC (2008) 999. ......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ..Category: Property Law | Date: | Hits: 22
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ...... is also Reported in: V ADC (2008) 996. ......f inheritance. The said property is the homestead of the said respondents as they have three-storied residential building thereon. The said respondents have no other homestead than the property in question. But the respondent No.6 Md. Khalilur Rahman fraudulently mortgaged the said property by w..Category: Property Law | Date: | Hits: 19
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......ts. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... (E.P.) Ordinance No. XI of 1969 and hence claim as to benevolent fund and group insurance in the light of the provision of the Ordinance No. XXXIX of 1982 is not sustainable in law. 8. The question involved in the appeal is whether on the date of death i.e. September 11, 1969 benef..Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ...... to earth and in the face of the unimpeachable and unblemished ocular evidence of the P.Ws.1-7 and 10 together with the medical evidence on record in respect of the killing of victim Muktadir, the question of awarding the benefit of doubt to the petitioner does not arise at all. 5. We are..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ...... for 3 years rigorous imprisonment under section 324 of the Penal Code of causing injury to P.W.2 Ashraf Ali. 2. The prosecution case, in brief, is that the informant (P.W.1) purchased part of the land of plot No.158 and used to get the same cultivated by her brother Mohammad Ali. On the date of ......ame is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..Category: Criminal Law | Date: | Hits: 38
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....tiff and Haji Abdur Raquib by way of kabala in favour of the predecessor of the contesting defendant, Haji Siddique Ali, and the said Siddique Ali after the purchase was in possession in the land and on his death, his heirs were enjoying the suit land. 3. Defendant......ted plot Nos. 1642 and 1643 along with one Haji Abdur Raquib and they became the owner of the plot of Dag No. 1642 by way of jote settlement and of plot in Dag No.1643 by way of possessing the said land jointly in equal shares and subsequently Haji Abdur Raquib transferred his 8 annas share to t......lso Reported in: V ADC (2008) 970. .......1642 and 1643 as mentioned in the impugned kabalas were sold to the defendant or to see whether it was the intention of the plaintiff to sell the plots in Dag Nos.1646 and 1647, which are disputed questions of fact and the Courts below after perusal of the khatians, mouza, map, the report of the..Category: Property Law | Date: | Hits: 29
Abdul Karim alias M.A. Karim Vs. Nurun Nabi Mullah and others, 2006, 35 CLC (AD)
....r review in no way can be considered ground of review. Accordingly the petition for review is dismissed having no merit. Ed. This Case is also Reported in: V ADC (2008) 966. ......6 of 2004 allowing the same. 2. The learned Counsel for the petitioner seeking review upon making submission that upon requisition the requiring body is not supposed to utilize the land requisitioned till there has been acquisition of the requisitioned land. No other submiss...... is dismissed having no merit. Ed. This Case is also Reported in: V ADC (2008) 966. ......r review in no way can be considered ground of review. Accordingly the petition for review is dismissed having no merit. Ed. This Case is also Reported in: V ADC (2008) 966. ..Category: Property Law | Date: | Hits: 34
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....charging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mohammad Ejahar Hossain on 26.10.1961 and possession was handed over on 03.11.1967. He possessed and a lease deed was also executed in his fa...... directed against the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003 discharging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mohammad Eja......dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......, that the respondent and his brother Abdul Quddus a former tenant and subsequently owner by purchase of another shop adjacent to the suit shop in the year 1962 with prior consent of the then landlord removed the partition wall and started joint business in the name and style "Mot......ppeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......nt of the then landlord Haji Sirajul Islam Chowdhury, the respondent and his brother amalgamated both the shops after removing the partition wall and has been running the business and as such question of demolition of partition wall in 1990 does not arise, that the respondent also file..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
....a and Sree Sachindra Mohan and they sold 1.35 acres of land along with other land to Makbul Hossain, Habi Sheikh and Amiruddin by registered deeds dated 04.07.1950 and 24.07.1950 and delivered possession thereof. Mokbul Hossain, Habi Shaikh and Amir Uddin used to possess the suit land separa...... 1996 in the court of the learned Senior Assistant Judge, Sadar, Mymensingh for correction of two registered deed dated 5.6.1986 or in the alternative for declaration of title in the suit land alleging, inter alia, that the suit land originally belonged to Sree Jogesh Chandra and Sree ...... is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....that the suit land originally belonged to Nitai, Gopal, Nirmal, Ajit, Krishnapada and Subhadra Rani, who sold the suit properties infavour of Sita Nath and Profulla Bala in 1976, who obtained possession. The said Sita Nath and Profulla was husband and wife, who had no child theref...... the compromise decree dated 25-10-1998 of Title Appeal No. 251 of 1996 passed by the Subordinate Judge (now Joint District Judge) Rajshahi and also for a declaration of title stating that the suit land originally belonged to Nitai, Gopal, Nirmal, Ajit, Krishnapada and Subhadra Rani, who sold the......so Reported in: V ADC (2008) 948. ......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ars. The defendant Nos.1-3 sold out some portion of their share to the defendant Nos. 4, 5 and 6 Charubala, the widow of Harendra Nath sold out her entire share to the defendant No.7 and delivered possession. The defendant No. 8, Manindra has sold out 4½ decimals of land to the plaintiff ......by a Division Bench of the High Court Division in Civil Revision No. 243 of 1987 discharging the rule. 2. The case of the plaintiff, in short, is that the suit jama appertains 25 decimals of land originally belonged to Banomali Das to the extent of eight anas share, Ramesh Chandra Das to t......so Reported in: V ADC (2008) 944. ...... by registered deed of kabala dated 8.3.1975 at appropriate consideration. Charubala delivered possession to the defendant No. 7 who constructed dwelling house from south-west corner of the plot in question and has been possessing by paying rent to the Government since purchase and as such ..Category: Property Law | Date: | Hits: 23
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......n No. 2464 of 2000 discharging the Rule. 2. The case of the petitioner is that he is a businessman and carries on business of import of different merchandise from abroad and for import of Grey Portland Cement Indonesia opened a Letter of Credit on 19.01.2000 for 10.000 metric tons 'Seven Ring' Gr......smissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......land Cement of Indonesia origin at the rate of US$ 41.00 per metric ton as per invoice dated 30.04.2000. The H.S. Code of the said goods is 2523.29. When the petitioner opened the letter of credit in question SRO No.125 dated 10.06.1999 was in force which provided realization of customs duty at th..Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....t he had sufficient means and income to pay the consideration money for purchase of the suit property and he paid the consideration money for purchase of the same and that the plaintiff is in possession of the suit property and that the plaintiff could prove that the disputed property was p......tal and thus he was earning a lot of money. The respondent No.1 also managed a job in the Motijheel Central Government Dispensary as Medical Officer and that the appellant purchased a plot of land measuring 5 kathas together with one-storied building at Pallabi being Plot No. 4, Block 1/A f......o protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ...... The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real question of controversy between the parties, giving an opportunity to the plaintiff to substantiate..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... Petition for Leave to Appeal No.1196 of 2003 dismissing the said petition. 2. The respondent Nos.1 to 5 as plaintiffs instituted Title Suit No. 86 of 1992 for declaration of title and khas possession which was renumbered as Title Suit No. 21 of 1994. 3. The plaintiff's case, in sho.......S. Khatian No.96 containing 19 plots including Plot No.800 measuring .70 acres, that Sheikh Jabbar Ali's share was ½ and Abed Ali's share was 1/12 in the said khatian and that .52 acres of land as P.S. and S.A Plot No. 979 had been in exclusive possession of Sheikh Jabbar Ali and P.S. Kh...... Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ..Category: Property Law | Date: | Hits: 26
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......e petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......etitioner and Chowdhury Md. Zahangir, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 5. The vital question for consideration in the case was whether payment of dower was made by the defendant husb..Category: Family Law | Date: | Hits: 188
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