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Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)

....r Assistant Judge, Narayanganj. Pre-emptee-petitioner was a stranger to the case holding. 3. Petitioner of Civil Revision petition as pre-emptee resisted Miscellaneous Case on presentation in full agreement with the decision rendered by learned trial Judge of a written objection taking stand that......l Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure. 2. Opposite party No.1 of this Civil Revision petition in the capacity of a co-sharer by inheritance as pre-emptor impleading petitioner as pre-emptee laid a Case being Miscellaneous Case No. 6 of 1986 in the Fo......l agreement with the decision rendered by learned trial Judge of a written objection taking stand that pre-emption proceeding holding had been sub-divided and new Jama had been created in the name of seller opposite party No. 2 and also in the name of pre-emptee-petitioner and pre-emptor opposite pa..

Category: Property Law | Date: | Hits: 23

Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)

....ns Judge under section 439A of the Code is not maintainable. 12. Mr. Mozammel Huq, the learned Advocate appearing on behalf of the informant-opposite-party No.2 opposing the Rule also submitted in agreement with the learned Assistant Attorney. General that no second revision is maintainable Sand ......d another 37 DLR 164. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate—For the Petitioner. Md. Mozammel Huq, Advocate- For the Opposite Party No. 2. AKM Zahirul Haque Assistant Attorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Azi......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...

Category: Criminal Law | Date: | Hits: 40

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....the plaintiff as well as the defendant he submitted that the learned Subordinate Judge in setting aside the award did not pass any direction superseding the reference or, ordered that the arbitration agreement had ceased to have effect with respect to the difference referred. According to him, the a......Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Bangladesh Water Development Board...........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..

Category: Civil Law | Date: | Hits: 132

Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)

....4th June, 1973 for sale of the said land with the plaintiff at a considera­tion of Tk. 14,000/- out of which the defen­dant received Tk. 10,000/- towards the earnest money. It was stipulated in the agreement that the defendant would receive the balance consideration within nine months and thereaft......d-For the Petitioner. Jamiruddin Sirker, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent No.2. Civil Petition for Leave to Appeal No. 1340 of 2009. (From the judgment and order dated 28.5.2009 passed by the High Court......with the concurrent find­ings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518...

Category: Property Law | Date: | Hits: 23

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486....... Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9. Not repre­sented-Respondent Nos. 4, 6, 10-26. Civil Petition for Leave to Appeal No. 888 of 2009. (From the judgment and decree dated 23.02.2009 passed by the High Cour......urchased 1.43 acres out of the suit land from the legal heirs of Kabir Ahmed, the predecessor of the defendant Nos.21-24, vide registered deed No.16787 dated 13.11.1979 and said defendant promised to sell the remaining 0.48 acres to the plaintiffs' predecessor and that Kabir Ahmed died on 10.01.1970..

Category: Property Law | Date: | Hits: 38

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... Advocate instructed by Zainual Abedin, Advocate-on-Record-For the Petitioners. Saidur Rahman on behalf of Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1946 of 2009. (From the judgment and order dated the 12th day of May, 2009 passed by...... land originally belonged to Ex-land­lords Kiron Chandra and others and he along with his brothers would barga culti­vate the suit land under the landlords and afterwards said landlords proposed to sell the suit land the defendant No.2 agreed to purchase the same and accordingly, they executed 2(t..

Category: Property Law | Date: | Hits: 91

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....o. Pt/Sec-5/ISP (GONOPHONE) 38/2000-138 dated 02.05.2000 issued the Licence for providing Internet Service within the Dhaka Zone. 8. At the time the Company started its business it entered into an agreement with Navana Real Estate Limited for purchase of an office space of 1320 sft. at Navana Tow......d. Lawyers Involved: Khan Saifur Rahman, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1844 of 2008. (From the judgment and order dated the 4th day of June, 2007 passed b......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..

Category: Company Law | Date: | Hits: 197

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....0,512/- (Taka forty nine lac thirty thousand five hundred twelve) payable as per the minimum charge less than amount paid as per meter reading on the basis of the calculation at the rate fixed on the agreement signed in 1995 whereas the tariff and load have been enhanced many times by this last 12 y......il) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Titas Gas Transmission and Distribution Company Limited............Petitioner Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others...........Respondents Order March 23, 2008. Lawyers Involved:......Gas has to purchase gas from the government of Bangladesh for supplying the same to its customers. 20. He lastly submits that the petitioner Titas Gas Company purchases gas from the government and sells the same to its customers. The High Court Division ought to have directed the opposite party t..

Category: Civil Law | Date: | Hits: 82

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....to discover any merit in the submissions advanced by learned Counsel for above opposite parties, however, I have gone through the decision reported in 32 DLR 63 as referred by him. I am in respectful agreement with the principles enunciated there in but the facts leading to that case is quite distin......im J Md. Shafiul Alam and others …… Petitioners. Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others.……Opposite parties. Judgment February 23, 2010. Cases Referred to- Akram Hossain (Md.) Vs. Sahera Khatun and others, 57 DLR 317; Abdul Mannan (Md.) Vs. Swaraj R......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233...

Category: Property Law | Date: | Hits: 27

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....-sharer in the case land and as such the pre-emption case is not maintainable in law. It has been further contended that the disputed sales were not sales proper but these were conditional sales with agreement for re-conveyance of the same to the vendors on receipt of the sale money within the stipu...... Sikder Maqbul Huq J Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cases Referred To- Abul Hossain and other Vs. Md. Masim Ali and oth......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..

Category: Property Law | Date: | Hits: 22

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......ion of compromise allegedly between the plaintiff-petitioner of the four Civil Revision cases and the defendant-opposite-party Nos.3-5 of the said Revision cases. The four applications have been sent to me by the Honorable Chief Justice for disposal. The four applications for Civil Revision cases ar......tion and the court was pleased to dispose of the matter in terms of the condition contained in the compromise petition. It is asserted that defendants-opposite party Nos. 3-5 took Taka 2,00,000.00 to sell some more land after the said compromise. It is stated that no ground had been assigned in the ..

Category: Property Law | Date: | Hits: 21

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......cted by MG Bhuiyan, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 8-11. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the High Court......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

.... Mohd Mokarram Hossain, reported in 29 DLR (SC) 185, “It appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselves in agreement, is that, the Court should not presume the existence of inherent power to do that for whic......No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No. 8 under Order IX, rule 9 of the Civil Procedure Code, it was ordered to be restored to its original file and number in the Miscellaneous Case No. 17/1990. While ordering......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..

Category: Civil Law | Date: | Hits: 80

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....rruption Act against accused Nos.1 and 2 and the conviction under the said section read with section 109 of the Penal Code against the other accused. 18. These are the admitted facts. There was an agreement between Nirman International Ltd. and JPL for constructing a fifteen-storied building know......993). Abdus Sobhan, Advocate—For the Appellant (In Criminal Appeal No. 1133 of 1993). Majibur Rahman Advocate—For the Appellant (In Criminal Appeal No. 1165 of 1993). M Faruque, Deputy Attorney-General with Abdur Rouf, Assistant Attorney-General; Abul Hossain Azadi, Assistant Attorney-G......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..

Category: Property Law | Date: | Hits: 33

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....f poultry, fish, dairy, etc. with an authorised capital of 3 crore and a paid up capital of Taka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83. The loan was also granted by Investment Corporation of Banglad......oner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases Referred To- M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cases 136 (Mad); Faruk (Md) Vs. Abdul Hamid and others 51 D......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....f slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dwellers (Annexure-B) and that an agreement between Government of Bangladesh and United Nations Capital Development Fund was executed ...... SAN Mominur Rahman J Md Abdul Quddus J Aleya Begum and others…………...Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 Cases Referred To- Olga Tellis and others Vs. Bombay Municipal Corporat......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..

Category: Property Law | Date: | Hits: 60

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... in the Case of affirming of the findings of the trial Court, the narration of the entire evidence and reiteration of the reasons given by the trial Court are not essential but expressions of general agreement with those of the trial Court and proving additional reasons, if any, are generally consid......petitioners, after being substituted continued with the proceedings. 3. The plaint Case, in short, is that: 8 annas of plot No. 1522 measuring 0.08 acre and 0.31 acre of plot No. 1524 appertaining to RS Khatian No. 2325 and SA Khatian No. 992 originally belonged to Kashem Ali and Sorju Bala. Othe...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ..

Category: Property Law | Date: | Hits: 22

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ent No. 4, for a period of 3(three) years with effect from 1-8-1993 at a monthly rental of Taka 50,000.00 and on payment of Taka 7,20,000.00 as advance. 3. After the expiry of the said tenancy agreement, the tenure of lease was extended for another 3 (three) years with effect from 1-8-1996 fi......Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show cause as to why the impugned order dated 22-11-1999 (Annexure-E) issued under the signature ......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... other portion was taken for path and ultimately. 0.8372 acre which is 83.72 shatangsha is left and this portion was first leased out to defendant No.9 and subsequently the defendants entered into an agreement with defendant No. 9 in 1989. So, the claim of the plaintiffs as well as the claim of the ......nd SK Md Morshed, Advocates—For the Opposite Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejectio......e of land to defendant No.1 in the year 1998, a fresh cause of action arose and that is why the plaintiffs instituted the present suit inasmuch as the defendants Nos. 2 to 6 had no legal authority to sell the entire land of CS plot No.371 measuring 0.8372 acre and the defendant No.1 has not acquired..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....ct. There can be no doubt that to be a Court, the person or persons who constitute it must be entrusted with judicial functions, that is, of deciding litigated questions according to law. However, by agreement between parties arbitrators may be called upon to exercise judicial powers and to decide a......4 DLR 533; Noor Ahmed Vs. Fariduddin Ahmed and others, BCR 1987 (AD) 152; Idris Ali and another Vs. State 38 DLR 270 M Lutfullah Vs. Bibi Badrunnessa 20 DLR 1019, Nirman Singh Vs. Thakur-III Rudra Protop Narain Singh, AIR 1926 PC 100, Malik Fatch Khan Vs. Nazibullah Khan 9 DLR, WP (Lahore) 40; Than ...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..

Category: Criminal Law | Date: | Hits: 59