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Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
....petitioner, who decided to sell the said land and the plaintiffs proposed to purchase the same at consideration of Taka 35,000. The petitioner, receiving Taka 30,000 is earnest money, came to an oral agreement with the plaintiffs and delivered possession of the suit land. After taking delivery of po...... 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract alleging that t...... opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract alleging that the suit land originally belonged to the defendant petitioner, who decided to sell the said land and the plaintiffs proposed to purchase the same at consideration of Taka 35,000...Category: Property Law | Date: | Hits: 84
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......12, 2010. Lawyers Involved: Md. Nurul Amin, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1409 of 2009. (From the judgment and order dated the 13th day of April, 2009 passed ......sferred with five other plots along with plot No. 55 on 28.10.1986. The plaintiffs came to know definitely about the said deed after procuring the certified copy on 21.08.1997. The plaintiffs did not sell the land to the defendants and no consideration money has been paid. Hence the cause of actio..Category: Property Law | Date: | Hits: 84
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... legal effect. 2. It is stated in the petition that the petitioner is the Managing Partner of Messrs Dhaka Scientific Works, a partnership firm (the firm, in short). The said firm entered into an agreement on 13‑11‑1964 with the Dhakeswari Cotton Mills Ltd (the company, in short) to purchase......ana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- Buxly Paints Ltd Vs. Bangladesh Government 31 DLR (AD) 266; Chairman, Bangladesh Steel Mills ......properties at the holding Nos. 27 and 28, Hatkhola Road, Dhaka. The board of directors of the company in its meeting held on 28‑12‑1963 authorised its managing director, the respondent No. 3), to sell its aforesaid properties to the firm. In due course the petitioner, acting on behalf of the fir..Category: Business or Commercial Law | Date: | Hits: 194
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....y Act came into force. The system was not uniform in all parts of India, even not in Bengal. A 'Bargadar' may or may not be a tenant. Whether a 'Bargadar' is a tenant or servant that depends upon the agreement under which he held the land. In Shorna Mehta Vs. Rajani, 1 CWN 55 a 'Bargadar' was held t......the plaintiff instituted the Suit in the aforesaid Court of Subordinate Judge at Manikganj for declaration of her title in 2 decimals of land with two tin buts thereon fully described in the schedule to the plaint. 3. Plaint case, in short, is that one Tamej Sheikh was owner in possession of 3 de......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ..Category: Property Law | Date: | Hits: 76
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
.... with the accused‑petitioner Md Nizam Khan, e proprietor of Dignity Fabrics and due to such acquaintance the accused‑petitioner made proposal for business transaction with him and accordingly, an agreement was entered into in between him and the accused‑petitioner on 5‑5‑1999. As per agree......Ali Asgar Khan J Md. Ashfaqul Islam J Nizam Khan (Md)…….............Petitioner Vs. State and another...............Opposite Parties Judgment November 17, 2003. Cases Referred to- Md. Asaduzzaman Vs. Md. Salamutullah, 1999 BLD 461= 52 DLR 530; Dewan Obaidur Rahman Vs. Stat......2 as complainant filed a petition of complaint alleging, inter alia, that he is the proprietor of AZ Abdullah & Sons and dealing in cloth business in Islampur for the last 20/25 years. He used to sell cloth of different types to shop‑keepers on cash payment and also on credit. He became acquai..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....tna Rani Achariya. The imposition of punishment by Special Tribunal responded to society's cry for justice against the criminal and, also, reflected public abhorrence of the crime. We are in complete agreement with the decisions rendered, reasons canvassed leading to decisions and conclusion reached......q J SM Hossain J Shibu Pada Acharjee...................Convict-appellant Vs. State …………………........................Respondent Judgment March 30, 2003. Cases Referred to- Asiman Begum Vs. State, represented by Deputy Commissioner, 51 DLR (AD) 18; State Vs. Abul Ka......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....5, 1985 of the Land Appellate Board in Appeal Case No. 98 of 1984 was illegal, void and not binding on the plaintiff. Plaint case was mainly based on the premise that there was at no point of time an agreement between the plaintiff and defendant No.1 and that the order of the Land Appellate Board di...... Miah J Monju Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Mo......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
.... under section 7 of the Arbitration Act, 2001, hereinafter referred to as the Act, and the other one under section 10 of the Act for stay of further proceedings of the suit in view of the arbitration agreement of the contract and reference of any dispute arising out of or in relation to the contract..........Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 158; Ms Bindra Builders Vs. Delhi Developm......,337 bales, 95,504 bales were sacking and 1833 hessian. The contract dated 29‑9‑1998 was made subject to BJMC's FOB/CNF standard Contract. One of the conditions was that the Corporation would not sell standard B Twills, cut size Twills and Binola B Twills to Sudan below 10,000 bales against any ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....of investigating officer and it cannot be at all suggested that for non‑examination of investigating officer the prosecution case is to be flung to the wind [Emphasis laid]. We are in respectful disagreement with the views adopted by learned Single Judge and we are in respectful agreement with the......rul Huq J SM Hossain J Babul Sikder and others........................Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Ch......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
....2. In the writ petition the listing of the case property as an abandoned property has been challenged by the writ petitioner claiming to be the purchaser-owner of the case property on the basis of an agreement for sale dated 21.01.1972 with the original lessee of the case property and that the writ ......D) 161.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the High Court......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
..
Category: Property Law | Date: | Hits: 54
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......n Ara Sultana J Md. Ruhul Quddus J Md. Arif Gaffar…………..... Petitioner Vs. Artha Rin Adalat, Khulna and others..... Respondents Judgment December 2, 2010. Cases Referred to- Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Shaheb Bazar, Rajshahi and others, 15......he said amount. The decree-holder bank put the decree in execution by filing Artha Jari Case No.185 of 2006. In course of the execution proceedings, the decree holder bank unsuccessfully attempted to sell the property, given as collateral against the loan. At one stage there was a negotiation betwee..Category: Civil Law | Date: | Hits: 169
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ...... Advocate — For the Petitioner. Not Represented— the Respondents. Civil Revision Case No. 896 of 1991. Judgment M A Aziz J. -This Rule was issued calling upon the opposite party Nos.1 to 4 to show cause as to why the order dated 2-3-91 passed by the Additional Assistant Judge, Chandp......e suit land along with other lands appertaining to khatian No.114 of mouza Ullashwar, that plaintiff No.3 has been living on the land with her husband and children. In 1985 defendant No.5 proposed to sell his portion and share in the ejmali property and the plaintiffs having agreed to purchase the s..Category: Property Law | Date: | Hits: 98
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....l Court and submits that Marani did not acquire any title on the basis of oral gift from her husband Chandra Kumar Paul and therefore she had no authority to transfer the property on the basis of the agreement in favour of the plaintiff. The learned Advocate submits that for effecting a gift for imm...... Choudhury J Bijan Kumar Das J Kala Miah…………………..Appellant Vs. Gopal Chandra Paul and others………………….Respondents Judgment July 6, 1998. Cases Referred to- Hari Kison Pandy vs. Nageswari Debi, 8 DLR 65; 531A 89; AIR 1930 Patna 610 (Harihar Prasad vs......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....use their own equipment for the purpose of movement of their containers. The QC Container Lines Limited owned two big container vessels and the petitioner No. 1 only handles the containers carried an agreement with the respondent No. 1 on 24-9-96 (Annexure-C) to use container handling equipments of ......hipping Limited and another………………Petitioners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998. Cases Referred to- Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others, 39 DLR (AD) 85; Banglades......rom the vessels owned by it at Chittagong Port. The QC Container Lines Limited is a joint venture company with Commonwealth Development Corporation (CDC) and Deg-Deutche Investions-Und Entwicklungs-Gesellsehaft mbh (DEG) which are international financing institutes. The company owns two container ve..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....e Minister for Land for releasing the land but without any result. The petitioner being in possession of the land decided to let out the same lands amongst the interested parties and executed tenancy agreement on 1-4-94 and since then petitioner is receiving rent from the tenants. Suddenly, the peti......Commercial Trust of Bangladesh Ltd. and others, 46 DLR (AD) 89; 27 DLR 597; 51 DLR (AD) 84. Lawyers Involved: Fida M Kamal, Advocate—For the Petitioners. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 337, 338, 339, 340 & 341 of 1999. ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....he buyer on the existing terms and conditions or on such fresh terms and conditions if any as may be agreed upon between the buyer and the concerned Financing institutions. Further before the deed of agreement of sale between the buyer and the Government is executed the buyer shall make necessary ar......………….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Pictur......ry of Industries, Government of Bangladesh in implementing the policy of denationalisation of the Enterprises of Sector Corporation including those managed by the Muktijodda Kallyan Trust proposed to sell the enterprises on auction and accordingly, some tanneries managed by Muktijodda Kallyan Trust ..Category: Others | Date: | Hits: 95
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66....... Judgment April 7, 2010. Cases Referred To- Balmakund Vs. Emperor, AIR 1931; Nishi Kant Jha Vs. State of Bihar, AIR 1969 SC 422. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prat...... is found from the evidence of P.W.4 that he made contradictory statement. He simply said, during mid Ramadan in 1990 Babul came to his house and told him about his distressed condition and wanted to sell a tape recorder and some other articles at Tk. 1100/= which he purchased, that thereafter on 10..Category: Criminal Law | Date: | Hits: 58
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....nd that many of the named plaintiffs are fictitious persons and that the suit land vested in the defendant No.1 by operation of law following acquisition of title by the government on the basis of an agreement dated 23.02.1977 and the sale deed in favour of the Government has been executed and regis...... Abedin, Advocate-in-on-Record- For Respondent No. 5. Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by the High Cou......s or sale and since the plaintiffs are in possession of the suit land for more then 70 years they claimed title by adverse possession and therefore the authority respondents had no legal authority to sell the suit land. 4. The defendant Nos.1-3, 6 and 7 contested the suit by filing a joint writte..Category: Property Law | Date: | Hits: 58
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....mount of duties that may have become payable in consequence of the withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion of a contract or agreement for the sale of such goods or opening of a letter of credit in respect thereof” (Emphasi...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Friends Corporation….…………..Petitioner Vs. Commissioner of Customs and others……. Respondents Judgment June 23, 1998. Lawyers Involved: AF Hasa......ve rate of duty. According to sub-section (1) of section 25 normal value means price which the commodity would fetch on the date referred to in section 30 on a sale in open market between a buyer and seller independent of each other. The contention that as the petitioner on the basis of import regis..Category: Fiscal/Taxation Law | Date: | Hits: 84
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......tioner. Ali Mostafa Khan with Ms. Nahid Sultana, Advocates - for the Respondent. Writ Petition No. 3002 of 2010 Judgment Md. Ruhul Quddus, J.- This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adala...... passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No. 131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. Th..Category: Procedural Law | Date: | Hits: 95
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