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Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
.... Personal Officer (P.O.) was made Class-II Gazetted post and pay scale was changed to Tk. 1725-3725/-and in the said Notification it was stated that the scope of the work and responsibility of the holder of the post will remain as before and the pay scale was again revised and ultimately by Noti......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
.... Bank, the respondent No. 2 instituted Mortgage Suit No. 11 of 1996 against the respondent No. 3 (defendant) for realizing Tk. 21,34,822.87. The Trial Court decreed the suit. Thereafter the decree holder bank instituted Decree Execution case No. 1 of 1998 for executing the decree for an amount ......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ..Category: Banking Law | Date: | Hits: 90
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....er, in short, is that the petitioner challenged the order No. 9 dated 25.7.2005 passed in Artha Rin Execution Case No. 132 of 2005 by the Artha Rin Adalat No.1, Chittagong allowing the decree-holder bank's application and auction schedule fixing 30.8.2005 as the date of auction and publicat......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..Category: Civil Law | Date: | Hits: 102
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....hahi wherein the petitioner and others were tenants of Haragram Trust Board and the said Board filed S.C.C. suit for eviction of the tenant Abdul Gaffar, that the said suit was decreed and the decree holder filed execution case. It is the contention of the plaintiffs that by filing the execution cas......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ..Category: Property Law | Date: | Hits: 39
Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
....rder dated 27.07.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 5691 of 2005 making the Rule absolute. 2. Prosecution case, in brief, is that the complainant was holder of a locker being locker No.225 of the National Bank Limited at Motijheel Commercial Area Br......t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ..Category: Criminal Law | Date: | Hits: 49
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....in the Court of the learned Assistant Judge, Bogra for getting pre-empted the land transferred by the preemptee Nos. 2-4 in favour of pre-emptee by a kabala deed dated 22.05.1997 as contiguous land holder. The pre-emption case, was filed stating, inter alia, that the pre-emptors were o......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ..Category: Property Law | Date: | Hits: 21
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....es amounting to Taka 9,88,165 against Mrs. Maria Yousuf and Habib Bank Limited by selling the mortgaged property of Mrs. Maria Yousuf. Thereafter, the suit was decreed on 17-11-1999 and the decree holder Bank had initiated title execution case. The Uttara Bank Limited on 21-9-1998 filed an appli......urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ..Category: Civil Law | Date: | Hits: 80
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....(OC Suit No. 119 Of 1983) is hit by Article 14(1) of PO No. 16 of 1972. 5. The High Court Division observed that admittedly the writ-petitioner took lease of the case property as a DN holder of the Government in 1975. To put it differently, the Government has been possessing the cas......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ..Category: Property Law | Date: | Hits: 23
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....legally rejected. Since the appellant was not appointed to any substantive post under the revenue budget he is not entitled to get pension and other benefits available to a regular Government service holder. 5. Leave was granted to consider that: "Mr. Abdul Wadud Bhuiyan, the learned Counsel......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....to a right of property or permanent interest therein beyond that possessed by him in the estate or tenure to which the land may be annexed, and shall not in any case be understood to exempt the holder of it from the payment to the Government of any assessment for the public revenue to which ...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....st the said order the Government moved the Board of Revenue by way of appeal and the same was dismissed, that Title Suit No.90 of 1994 was also dismissed and thus the permanent settlement holder Raja Rajesh Kanta Roy got the land and said Raja Rajesh Kanta Roy executed a Power of Attorn...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....ney Suit No.43 of 1911 against Abdul Gani Bepari and obtained a decree and in execution of the decree the said suit land of C.S. Khatian was put to auction and the same was purchased by the decree holder. The decree holder Kailash Chandra Das died leaving sons, Satish Chandra Das and Subodh Chan......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
....This petitioner appeared in that Artha Rin suit and contested the same by filing written statement. The suit was ultimately decreed by the judgment and decree dated 8.6.1995. Thereafter the decree-holder bank put that decree into execution in Money Execution Case No. 283 of 2005. In that executi...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ..Category: Civil Law | Date: | Hits: 94
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....No.5663 of 2004 summarily rejecting an application under Article 102(1)(2)(a)(i)(ii) of the Constitution of the People's Republic of Bangladesh. 2. The present petitioner No. 2 is the share holder and Chairman of the petitioner No.1 Company namely M/S. Uttara Steel Corporation Limited. Th...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..Category: Civil Law | Date: | Hits: 89
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
.... the appellant herein who was the agent and by taking advantage of that the appellant registered the trade mark in question in its favour. Moreover, Sanowara Corporation who is the major share holder of the appellant company, very cleverly and secretly got the impugned trade mark registered ......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..Category: Intellectual Property Law | Date: | Hits: 245
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....ring 2.50 acres of land stand recorded in the names of the vendor Abdul Karim Hajra and his brother Abdul Rahim Hajra in C.S. Khatian Nos. 234 and 511 and that the heirs of Abdul Rahim Hajra, holder of 8 annas share of the aforesaid C.S. recorded land admitted the case of the plaintiffs. Th......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ..Category: Property Law | Date: | Hits: 19
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....d principle of law is that a decree passed in a suit for specific performance of contract is completed by execution and registration of a kabala and thereupon title accrues in favour of the decree holder [34 DLR (AD) 98]. In the instant case certain facts are admitted or, in other words, undispu......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ..Category: Property Law | Date: | Hits: 31
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....n the absence of the opposite party since no one appeared to oppose the Rule. 2. The trial Court allowed the prayer for pre-emption on the finding that the pre-emptor is the contiguous land holder to the land sought to be pre-empted and that the Miscellaneous case is not barred by limi&sh......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ..Category: Property Law | Date: | Hits: 23
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ers falls through inasmuch as on the strength of the aforesaid power of attorney Sultan Ahmed, the vendor of the leave petitioner No. 5 claims the property. If the so called power of attorney holder does not have any authority, there is no legal value of his alleged transfer to Sultan ...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..Category: Property Law | Date: | Hits: 27
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ased the land in auction in the Benami of Nim Chand Kakuria, that Ext.8 clearly shows that the land was purchased in auction by Nim Chand Kakuria and Ext.1 shows that Nim Chand Kakuria was a decree holder. The plaintiff failed to establish that Benode Behari purchased the share of Mujaffar, pred......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ..Category: Property Law | Date: | Hits: 26
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