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Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ole proprietress of the Tea Estate on the strength of a will on the death of her father on 15-11-69, proposed to sell that Tea Estate to them, that the plaintiffs having agreed thereto a deed of agreement dated 19-2-70 a copy of which is annexure A to the plaint, was executed by the plaint.......................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is discharged. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Moha......at the defendant No. 1 having represented to this plaintiffs that she became the sole proprietress of the Tea Estate on the strength of a will on the death of her father on 15-11-69, proposed to sell that Tea Estate to them, that the plaintiffs having agreed thereto a deed of agreement dated 19..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ......................Plaintiff-appellant-petitioner Vs. Khandoker Enamul Mowla and others…......Defendant-respondent-opposite parties Judgment July 20, 2011. Cases Referred to- Result: The Rule is made absolute. Case Referred To- 5 BLC 649, 59 DLR (AD) ......ontract in between the parties as much as the defendant No.3, father of the minor-daughters was not appointed guardian by any Court and as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal therefrom bein..Category: Evidence Law | Date: | Hits: 6
.... as were agreed to for the staff who had opted to serve on the Port Trust. In case their services are not required by the Port Trust. Admn they would be returned to the P. E. Rly. all to the existing agreement.
The staffs desirous of being retained on Port Trust permanently may apply in the fol.........Petitioners
Vs.
The Board of Trustees, Port of Chittagong, and others..........Respondents
Judgment
March 25, 1975
Result:
The Rule is discharged.
Cases Referred to-
A.F.M. Abul Fateh PFS, Ministry of External Affairs, Govt. of Pakistan, Karachi Vs. Pr...... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
..
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......March 12, 1975. Result: The Rule is made absolute. Lawyers Involved: Amirul Islam with fsmiruddin Sircar, Advocates—For the Petitioners. Fakir Shahabuddin Ahmed, Attorney General with Abdul Wadud Bhuiyan, Asst. Attorney-General—For Respondent No. 1. Kaz......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ..Category: Abandoned Properties Law | Date: | Hits: 7
....mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
......
March 3, 1975
Result:
The Rule be discharged.
Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, ......
(iii) To purchase, take on lease, bijre or otherwise acquire for and on behalf of the Society properties moveable and immoveable, and rights and privileges as the Board may think fit.
(iv) To sell, exchange, lease, mortgage, dispose of or otherwise deal with all or part of the properties and..
Category: Constitutional Law | Date: | Hits: 2
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
.... of the petitioner. In that view of the matter it was held that the detention of the petitioner was outside the purview of law and was illegal. 10. With respect, if we may say so, we are in full agreement with this proposition of law that has been propounded by the Indian Supreme Court. The Rul......For the petitioner. Anwarul Huq Chowdhury with M.M. Hague —For Respondents. Writ Petition No. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made w......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....ers have filed copies of the correspondence between them and the complainant opposite party which would show that the parties were doing business from before and the amount was paid as advance as per agreement. 8. Section 406 B.P.C. provides that whoever commits criminal breach of tru......li—For the State. Criminal Revision No.327 of 1978. Judgment A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Mag......r alia, the petitioners induced the complainant and one Mr. S. Alam to believe that they got 6020 and 644 woolly Georgette Saree materials which are otherwise known as Sippon Saree and they agreed to sell 14.000 yards at the rate of Tk. 28/-per yard and the petitioners were entrusted with Tk. 100,00..Category: Criminal Law | Date: | Hits: 1
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......¦..Respondents Judgment January 21, 2010. Result: The writ petition is disposed of. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioner. Mustafa Jaman Islam, Deputy Attorney-General - For the Respondent. Writ Petition No.5536 of 2009. Order Md. Mamtaz Uddin ......Şŕ§Ťŕ¦°ŕ¦ľŕ¦Ąŕ¦®ŕ¦żŕ¦• ডিক্রী প্রদান করা হইল।” and also challenged the auction notice dated 09.07.2009 published in Daily Amar Desh by Sonali Bank, in order to sell the mortgaged properties passed vide order dated 18.06.2009 in Artha Zari Suit No.512 of 2008. ..Category: Civil Law | Date: | Hits: 37
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ng exemption of paying VAT it is only the Government who can do the same as it has been done by the Government earÂlier which appears from Annexure- "D" series of the petition. 15. We are in full agreement with the submission of the learned Senior Counsel that by legal fiction as it has been alr...... Result: The Rule is disÂposed of with observations. Lawyers Involved: AF Hasan Arif, Senior Advocate with Razik-al-Jalil, Advocate - For Petitioners. S.M. Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General - For the Respondent No.3. Writ P......om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
....ction of stones that severely affect their lives, properties and livelihoods but to no avail. Reportedly the tensions around the villagers and the stone collectors took a serious turn in 2006 when an agreement was signed on 6 October, 2006 at the behest of the local Union Chairman imposing a ban on ......Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
January 14, 2010.
Result:
The Rule is made absolute.
Cases Referred to-
Dr. Mohiuddin Farooq Vs. Bangladesh, (1997) 49 DLR (AD) 1; Rural Litigation and Entitlement K...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... Arbitrator, Chief Engineer, being the controlling and supervising officer of the Tender works in question was not legally competent so act as arbitrator to settle the dispute arising out of contract agreement between the petitioner and Mongla Port Authority. He next submits that arbitraÂtor-respon...... Islam…………………….Petitioner Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil pet......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ...... Haque J Yunus Ali and another.....................Appellants Vs. State ………………..Respondent Judgment March 27, 2008. Result: The appeal is dismissed. Cases Referred to- MM Rafiqul Hyder Vs. State, 41 DLR 274; State Vs. Ershad Ali Sikder, 56 DLR 185; Md. Abdus Sa....... Ayub Ali reported in 5 BLC 345 in support of his contention. 15. The point for determination is, whether the counterfeit currency notes were recovered from the appellants while they attempted to sell the same and whether the learned Tribunal Judge was justified in convicting and sentencing the ..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....and 559 within the city of Dhaka and after such allotment the delivery of possession of the said land was made over in favour of Nazar Ali on 20-11-74, thereafter on 29-9-81 Nazar Ali entered into an agreement for sale in favour of Jahanara Begum in respect of 2 1/2 katha of land appertaining to wes......n) Present: Nozrul Islam Chowdhury J Jahangir Hossain J Ashek Ali (Md.) and others……………Appellants Vs. Abdul Gaffar & others……………Respondents Judgment October 27, 2010. Result: The appeal is allowed. Cases Referred to- Ghulam Muhd. Shah Vs.......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
....sold in auction to Bimala Bala Nath in an execution case on 11.5.1962. The sale was confirmed by issuing a baynama in her name and she went in possession thereof. Bimala Bala Nath had entered into an agreement for sale with the plaintiffs on 24.7.1973 and inducted them into possession thereof on rec......................Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Jessore and another…………….Opposite Parties
Judgment
October 2, 2012.
Result:
The Rule is discharged.
Cases Referred to-
Satish Chandra Barua V......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 57
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....‘2‑88 declaring the Cheora Degree College as Cheora Government College with effect from 19‑9‑87 and by that notification the Cheora Government College was nationalised. On 15‑9‑87 a deed of agreement was entered into in between the College Authority and the Government settling the terms an............Respondents Judgment June 24, 1996. Result: The Rule is made absolute in Writ Petition Nos.757/1993, 758/1993, 759/1993, 760/1993, 762/1993, 763/1993 and 764/1993. Cases Referred to- Gujrat State Financial Corporation Vs. M/s. Lotus Hotels Pvt. Ltd. AIR 1983 (SC) 848; MP Suga...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......ellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 2011. Result: The appeal is allowed. Cases Referred to- Mozher Sowdagar Vs. Md. Zahirul Islam, 8 BLD 1999 (AD) 29=40 DLR (AD) 62. Lawyers Involved......d storage, owned and established by the compaÂny by utilizing the project loan obtained from the Bank. But, the Directors committed breach of the terms and conditions of the pledge deed by illegally selling the pledged potatoes without knowledge of the Bank and without depositing the sale proceeds ..Category: Administrative Law | Date: | Hits: 212
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....conferred under section 33(7) of the Ain, 2003 passed an order conferring title of the petitioner's mortgaged property upon the bank and directed to issue a certificate to that effect. We are in full agreement with the impugned order of the Artha Rin Adalat. 13. Moreover, we find that the impugne.....................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rule is discharged without any order as to cost. Lawyers Involved: ARM Shahidul Islam, Advocate — For the Petitioner. Kazi Md. Nu......408 with interest till 19-4-2005. 3. Eventually the suit was decreed ex parte on 18-9-2005. 4. The bank then put the decree in execution in Artha Execution Case No.60 of 2006. The bank tried to sell the mortgaged property in auction by complying with Provisions of law laid down in section 33(1..Category: Civil Law | Date: | Hits: 139
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....ts Act is merely a competence to do something which except for this permission would be unlawful. It does not confer any rights in physical property. There is in the case of a licence only a personal agreement between the licensor and the licencee whereby the licensor agrees not to interfere with th......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Felu Hossain and others………………………Opposite parties Judgment August 10, 2009. Result: The Rule is discharged. Cases Referred to- Abdus Samad Vs. Deputy Commissioner and Custodian of vested and non-resident property and oth......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......€¦â€¦â€¦..Petitioner Vs. Md. Abdul Hye and others…………………………………….Opposite Parties Judgment July 1, 1997. Result: The Rule is discharged. Cases Referred to- Hamidullah Talukdar & others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR (SC) 228; 39 D......rs of age at that time to avoid his creditor and has been possessing the same since then by constructing dwelling huts and garden therein. Since defendant Nos.1 and 2 became disobedient and wanted to sell the suit land to others by taking advantage of the fact that the said kabala stands in their na..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......………………Petitioners Vs. Kafiluddin and others……………………………Opposite Parties Judgment July 25, 1996. Result: The Rule is made absolute. Cases Referred to- Ashraful Huq and others Vs. Anwar Ahmed and others, 1981 BCR (HC) 301; Asia Khatun being dead.......50 and 54 of 1984 are not binding upon the plaintiff. The plaintiffs case is that the opposite party No.2 (defendant No.3) Mahmuda Begum Chowdhury being owner of the suit property made a contract to sell the suit property to the plaintiff by executing a bainapatra and thereafter the plaintiff by fi..Category: Procedural Law | Date: | Hits: 69
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