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Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... High Court Division committed a grave error of law, occasioning failure of justice not finding to the effect that the petitioner has purchased the property by saf-kabala deed from the decree-holder who obtained saf-kabala deed through Court in an execution proceeding; that the Government d...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
..... Ali Ashraf, three daughters named Mst. Momtaz Begum, Noor Jahan Begum, Mother of the plaintiff and jahanara Begum and wife, Rafiza Begum. The plaintiff's mother, Noor Jahan Begum became the title holder and possessor of 2 annas and 17 gandas of the schedule property. Jahanara Begum died u......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ..Category: Property Law | Date: | Hits: 32
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....sal moved the High Court Division and the Rule issued in Civil Revision No. 2301 of 1992 was discharged by the learned judge of the High Court Division on 4.8.1992. 6. Thereafter the decree holder defendant respondent No. 1 started Title Execution Case No. 10 of 1992 and in execution of t......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..Category: Property Law | Date: | Hits: 39
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......er. For the balance amount the accused-petitioners issued a Cheque bearing No.1958151 for an amount of Tk. 3,04,00,000/- of South East Bank Ltd., Dhanmondi Branch, Dhaka. The complainant placed the cheque for encashment on 20.2.2006 but the cheque was returned with endorsement "fund insuffi..Category: Criminal Law | Date: | Hits: 47
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ng a written statement denying his liability for any dues if any for Shinan Bangladesh Limited as responsibility for meeting the liabilities of any limited company is of the company and in law shareholder and Director including Managing Director is not liable for the debts and liabilities of the......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......but the defendant No.1 instead of handing over possession of the said property most illegally had cancelled the letter of intent by a letter dated 02.03.1993 along with this letter sent a cheque of Tk.2,40,20,050/- to the plaintiff and thereafter the plaintiff sent a legal notice on 23...Category: Property Law | Date: | Hits: 42
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
.... in which five bidders including the writ petitioner participated. The writ petitioner's bid of Tk. 3,36,000/- was the highest. The Court prepared a comparative statement which was sent to the decree-holder bank for its consent. The Bank gave its consent the respondent No.2, a stranger, filed an app......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....The appellant has further asserted that it appears from the order book dated 12.3.1996 that one Mr. Abdul Barek Chowdhury filed a vokalatnama for and on behalf of the respondent No. 1, decree holder vide serial no. 7479 dated 4.3.1996 and the same was kept with the record. 6. The ap......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
...., suit and sale of the disputed land on 29.3.1983 for the first time and the pre-emptee appellant in the meantime got possession of the land and structure from Syed Amzad Hossain, the attorney holder. The pre emptor respondents claimed that the pre-emptee appellant is a stranger purchaser w......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..Category: Property Law | Date: | Hits: 28
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....een presented to the bank with a period of six months from the date on which it is drawn or with in the period of its validity, whichever is earlier. "The payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said......re involved in share business and being closely known to each other the complainant gave a loan of Tk. 60,000,00/- to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27.08.2000 one for Tk. 45,000,00/- and another for Tk.15..Category: Business or Commercial Law | Date: | Hits: 138
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ame to know that the accused respondent is not the owner of the land. Therefore he asked the accused respondent to refund the entire money. Accordingly, on 25.3.1997 the accused respondent issued a cheque of Tk. 5 lacs in favour of the complainant. The cheque was dishonoured on 29.3.1997 6.4..Category: Criminal Law | Date: | Hits: 45
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ...... the petitioner received Tk. 3,15,000/- from him for purchasing land and the petitioner after receiving further sum of Tk. 3,50,000/- from the petitioner issued three cheques in his favour and the said cheques being submitted in the account of the informant mai..Category: Criminal Law | Date: | Hits: 45
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....ence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.1923 in execution of the said decree the land was auction-sold and the decree holder Karam Sheikh purchased the same and on 7.1.1924 got the sale certificate and in the last pa......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..Category: Property Law | Date: | Hits: 25
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......at liberty to take their dues of Tk. 2,35,30,945.95 paisa from the Marshal at any time and the Marshal of the Court shall so pay in favour of the Chairman, Mongla Port Authority by an account payee cheque as and when so demanded the defendant Nos.1-3 and 4 are entitled to take the rest of sa..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....Nos. 12 have obtained before 13 years and furthermore, there is no certainty that the above miscellaneous case will be disposed of within certain date and so the respondent Nos.1 and 2, the decree holder, can not wait for uncertain period and therefore the learned District Judge fell in err......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 153. ..Category: Property Law | Date: | Hits: 18
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....The trial court was pleased to allow the pre-emption finding that (a) the case land is agricultural (nal) land; (b) the case of development has not been proved; and (c) kabala from limited interest holder and from reversioners made the pre-emptors owners and thus the pre-emptors are co-sharers a......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......ore 30.06.1964, vide letter dated 30.05.1964; With a view to comply with the direction given in the said letter the Executive Engineer, Project Division of the office of the respondent No.1 sent a cheque being No.CANO.T32612 dated 18.11.1964 for an amount of Tk. 28,844.00 to the RAJUK with a for..Category: Property Law | Date: | Hits: 28
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....-agricultural purpose. It is also not disputed that the land sought to be preempted is outside the Municipal area. The contention that the pre-emptor is a Mason and the pre-emptee is a service holder and not directly engaged in cultivation and as such the homestead of the parties is non-agr......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..Category: Property Law | Date: | Hits: 30
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......urt Division committed error of law in disregarding the fact that in the purchase of the property both at Pallabi and Gulshan the plaintiff alone paid the consideration money by cash and cheque, the plaintiff paid Rs. 6,000 by crossed cheque No. SBL 993798 of the United Bank Limited, E..Category: Procedural Law | Date: | Hits: 173
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....amongst others was that her minor son will never get love, care and affection in the congenial and healthy atmosphere in the house of the plaintiff since the plaintiff is a low paid private service holder and unable to pay for the daily needs of the minor child and as such plaintiffs claim or the......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..Category: Family Law | Date: | Hits: 173