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Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......perform of reciprocal promises, must make compensation to the other party to the contract for any loss that party may have sustained by the non-performance of the contract. 9. In the instant case, the Courts below have considered Sections 53 and 54 of the Contract Act and arrived at a fin......dant No.5 and the plaintiff was granted sanction letter in 1985 on condition that the Krishi Bank would supply the machinery on payment of fund in foreign currency and the plaintiff would purchase land and construct factory building for establishment of the Ice Plant and cold storage. It was agr..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......di, Sherpur in Other Class Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas possession of the land in suit. It is the case of the plaintiffs that they have purchased the land in suit by the kabala dated January 19, 19......f Assistant Judge, Sribordi, Sherpur in Other Class Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas possession of the land in suit. It is the case of the plaintiffs that they have purchased the land in suit by the ka..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
.... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ......77 of 2006) Shamsun Nahar Khan...............Petitioner (In Civil Petition No. 1206 of 2006) Vs. Rajdhani Unnayan Katripakha & another.............Respondents (In both the cases) Judgment April 22, 2007. Lawyers Involved: Dr. M. Zahir and Ozai......tion on 28.06.1992 and the order was extended from time to time and was ultimately extended till disposal of the Rule restraining the writ respondents from leasing out the writ petitioner's plot of land to anybody. After hearing of the Writ Petition the Rule issued was made absolute and directio..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ....... It was submitted that where parties have agreed that a foreign law governs a dispute, capacity to sue is governed either by the law of the domicile of the plaintiff, which in this case is Washington D.C., U.S.A., or the governing law of the agreement, which in this case is ......ragraph No. 5 of the written objection, that the application of the petitioner Nos. 1 and 2 was misconceived inasmuch the Investment and the Guarantee Agreement were governed by the laws of England. It is stated that the respondent No. 2 did not make the allegation that the laws of Eng..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......er Shah Suri Road within Block-'D' of the Mohammadpur Housing Estate, Dhaka in the 'Ka' list of the abandoned properties published on 23.09.1986 in the Bangladesh Gazette Extra-ordinary. Their case was that they are nationals of Bangladesh by birth and their parents migrated to the then Eas...... and 22.09.1984 respectively at Dhaka while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In co..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ...... the learned Munsif was set aside and the learned Munsif was directed to dispose of the matter relating to temporary injunction after giving the opportunities to the parties to place their respective cases in full. It was also directed by the said order that the status quo should be maintained in re......ing them from blocking an alleged passage, described in Schedule B to the plaint, and from disturbing his possession in respect thereof on the allegations, inter alia, that the purchased 1½ katha of lands in mouza Dhanmandi, as described in Schedule A to the plaint, by a registered sale deed dated ..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ...... Vs. State …………………….Respondent Judgment May 30, 1999. The Code of Criminal Procedure, 1898 (V of 1898) Section 498 In case of appeal against a short period of sentence bail should be ordinarily granted in the exercise......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ..Category: Criminal Law | Date: | Hits: 50
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......are that on 17.01.2003 one Shah Alam Molla lodged F.I.R with Muladi Police Station, District-Barisal against 9 accused persons including the present respondent alleging, inter alia, that criminal cases filed by him against the co-accused were pending for trial. He was put under pressure to with......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ..Category: Criminal Law | Date: | Hits: 54
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ......rected to know the information from the intending candidates for the election to the Parliament regarding: a) Academic qualification. b) Whether he is accused in any criminal case at present. c) Whether there was any past record of criminal case and the res....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ..Category: Election Law | Date: | Hits: 124
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......orrect in applying the provision of Section 43 of the Transfer of Property Act. It may be mentioned the High Court Division on detailed discussions of the materials on record held that there was no case for applying the principle of Section 43 of the Transfer of Property Act. The High Court Divi...... 185 of 1976 allowing the appeal in part upon reversing the judgment and decree dated August 27, 1976 of the Additional Court of Munsif (now Assistant Judge) (in charge of 1st Court of Munsif), Goalanda, Faridpur in Title Suit No.120 of 1971 decreeing the same in full and thereby declared the ti..Category: Property Law | Date: | Hits: 21
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ...... Sachibalay to consider the matter as per law. 5. The respondent No.1 contested the Rule by filing affidavit-in-opposition and denied the material allegations made in the writ petition. The case of the respondent No.1, in short, is that the petitioners are not regular employees of th......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ..Category: Employment/Service Law | Date: | Hits: 70
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......or declaration of title; the sisters of Dud Miah being co-sharer and also in ejmali possession of the suit land no decree for declaration of title could be passed against their transferees unless a case of ouster was made out; the finding of possession as found by the learned District Judge is b......learned Senior Assistant Judge, Chandina, Comilla in Title Suit No. 28 of 1999 dismissing the suit. 2. The plaintiffs instituted the above suit seeking declaration of their title in the suit land on the averments that the suit land, together with the other lands of CS. Khatian No. 258, or..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......r of the suit property; thereafter through amicable settlement the whole property was recorded in the name of Nawab Sir GM. Faruki along with other co-sharers of the property; a miscellaneous case filed for correction of record of right by Sahera Khatoon in which the respondent was made a p...... The respondent instituted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (now Assistant Judge)..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......cessor of the respondent Nos. 1-7, filed the above Miscellaneous Case No. 5 of 1998 (Pre-emption) under section 96 of State Acquisition and Tenancy Act 1950 praying for pre-emption of the case land on the averments that he having purchased .19 acres of land became co-sharer by pur......r of the respondent Nos. 1-7, filed the above Miscellaneous Case No. 5 of 1998 (Pre-emption) under section 96 of State Acquisition and Tenancy Act 1950 praying for pre-emption of the case land on the averments that he having purchased .19 acres of land became co-sharer by purchase..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......he High Court Division, after hearing allowed the appeal holding that the suit for declaration of title under section 53A of Transfer of Property Act as made by (plaintiff) is not maintainable and no case has also be made out for the claim of title on the basis of adverse possession. 5. We have h......, First Court, Chittagong in Other Suit No.39 of 1974 decreeing the suit. 2. Bijoy Kumar Sarbabidya, the predecessor of the petitioners, filed the above suit for declaration of title in the suit land on the averments, inter alia, that Surendra Chandra Ghosal, father of the defendant No. 3 and D..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......e respondent Nos. 1 and 2, as plaintiffs, instituted the above Title Suit No. 4 of 1989 praying for permanent injunction contending, inter alia, that they are owners in possession of the suit land by way of inheritance as well as by purchase and the previous and present khatians were cor&s..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......intiff in the land shown in 'B' schedule. The suit was filed seeking a decree for permanent injunction in respect of the land described in schedule 'B' attached to the plaint. 2. Plaintiffs case is that land in suit belonged to Chaitan Sheikh who died before the C.S. operation leaving 4 ...... 31, 1992 of the 3rd Court of Munsif (now Assistant Judge) Dhaka in Title Suit No. 577 of 1980 decreeing the same and thereby restraining defendants permanently from entering into the 'B' schedule land or to dispossess the plaintiff therefrom or to interfere with the possession of the plain..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......hul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh & others…………Appellants (In both the cases) Vs. Jahangir Alam & others..........Respondents (In Civil Appeal No. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......he plaint and making further averments that the suit is barred by limitation, that plaintiff has no cause to file the suit and that the suit has been filed upon making untrue statements. It was the case of the defendants that as the plaintiff was leading unsocial and immoral life and thereby emba...... the deed of gift executed on January 14, 1973 and registered on April 18, 1973 illegal, void, fabricated, collusive and inoperative. 2. The suit was filed stating, inter alia, that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra K..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......rative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the State and the Government know best to preserve them, but the Court's concern in a case of preventive detention is to see whether the person is being detained without lawful authority......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..Category: Procedural Law | Date: | Hits: 107
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