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Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....o the respondent No.1 on the date of gift. Having accepted the gift, the respondent No.1 possessed the same. The respondent No.1 then rented out the flat to one Rezanul Kabir by a monthly deed of agreement executed on 01.04.2005. Thereafter, the present petitioner on 30.04.2005 made an applicati...... Abul Kalam Mainuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petitioner for Leave to Appeal No. 888 of 2008. (From the judgment and order dated the 6th day of August, 2008 pas......we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....ent No.1. On a meeting held on 28.10.1996, participated by respondent Nos. 6,5,3 and 2 it was decided that in order to set up the industries or expansion of the same on the land of respondent No.4 an agreement for lease has to be executed with the respondent No.4 Chittagong Port Authority. The respo...... Md. Abdul Aziz J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 o......ted that 0.75 acre of land was allotted to the writ petitioner, as revealed from Annexure-D and in a meeting held on 07.05.2001 it was decided that a proposal should be sent to the respondent No.3 to sell the respondent No.1 Company to the respondent No.7. On a further inter ministerial meeting held..Category: Property Law | Date: | Hits: 33
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....itish regime, run by the prisoners of the said jail, producing blankets, that on the proposal of the petitioner-company, the Government granted a long term lease in its favour in pursuance of lease agreement dated 02.08.1983, for a period of 25 (twenty-five) years which was subsequently extended t...... March 21, 2010. Lawyers Involved: Md. Rokonuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Murad Reza, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. ......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ..Category: Civil Law | Date: | Hits: 90
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....t the defendant's father Obaidul Haque was the owner in possession in the suit property, who proposed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haque executed a deed of agreement on receipt of Tk. 25,000/-(Taka twenty five thousand) out of total consideration of Tk. 34...... Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 209 of 2009. (From the judgment and order dated 18.5.2008 passed by the High Co...... performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who proposed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haque executed a deed of agreeme..Category: Property Law | Date: | Hits: 17
.... 2002. It also dealt with the counter claim of the respondent, Saudi Bangladesh Services Company Limited, inter alia, for 7% incentive commission on the sale of tickets from the inception of the said agreement. This counter claim was first made at the arbitration proceedings as an after thought. Und......venue, Police Station-Tejgaon, Dhaka ...........Petitioner
Vs.
M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka represented by its Managing Director …...........Respondent
Judgment
March 1, 2010.
Cases Referred To-
Nand Ram Vs. Fak......ner.
3. The present respondent, M/s. Saudi Bangladesh Service Company Limited had entered into the General Sales Agency Agreement (hereinafter to be referred to as the agreement) on 01.03.1995 for selling tickets initially for the territory of Sylhet and Chittagong. The parties (instant petitio..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....ecute the sale deed in their favour and hence the defendants filed Other Class Suit No.87 of 2000 in the Court of Assistant Judge of Sundargonj which is still pending for hearing. In the said deed of agreement C. S. Khatian No.144 had been wrongly written as C. S. Khatian No. 158/1. In fact the suit...... Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 123 of 2009. From the judgment and order dated 52.5.2008 passed by the High Cou...... the suit by filing a written statement denying the material allegations made in the plaint and contending, inter alia, that Obaidul Haque during his ownership in the suit property made a proposal to sell the suit property to the said defendants who agreed to purchase the same and value of the said ..Category: Property Law | Date: | Hits: 18
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
.... registered on the same day. The time of reconveyance was 3 months. But the defendant did neither hand over physical possession of the said property nor returned the money to the plaintiff as per agreement dated 29.3.1990 in spite of repeated requests of the plaintiff. So the plaintiff issued a ......Advocate, Instructed by Mohd. Nawab Ali, Advocate-on-Record-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by the High C......spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....t land in favour of the defendant No. 3 on 30th August, 1994. The consideration money was fixed at Tk. 38,000/- for 4 decimals of land. He received at Tk. 8,000/- as earnest money and had executed an agreement and thereafter, on receipt of the balance consideration money, he executed and registe......y 14, 2010. Lawyers Involved: Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 131 of 2009. (From the judgment and order dated 18.11.2007 passed by the High C......aintiff-petitioner and on behalf of the minor respondent Nos.1 and 2 on 9th September, 1994 by their father, and on the similar way, the father of the respondent Nos.1 and 2 made another contract for selling the suit property in favour of respondent No.3 just to defraud the plaintiff-petitioner fr..Category: Property Law | Date: | Hits: 26
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....na Khatun transferred the same to Rahela Khatun by a registered deed of sale dated 27.02.1976 and she was possessing the same through defendant No.1 who is her bargadar; that Rahela Khatun entered an agreement to transfer the said land to Elahi Mondal, defendant No.1 and one Lutfor Rahman who was he......No.1. Not Represented- Respondent No.2-7. Civil Review Petition No. 18 of 2009. (From the judgment dated 30.07.2008 passed by this Appellate Division in Civil Petition for Leave to Appeal No.697 of 2007) Judgment Md. Muzammel Hossain J.- This civil review petitio......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..Category: Property Law | Date: | Hits: 20
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....ry building and importing machineries and other sophisticated equipments from abroad by spending huge amount of money from their own source. 4. The petitioner and his partner entered into an agreement of hire purchase with the respondent No.2 on 16.09.1991 for availing of Tk.9, 25,000.00 ......9) Not represented-Respondent Nos. 1, 5 and 6 (In Civil Petition No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 passed by t......o.4623 (heard analogously with Writ Petition No. 4913 of 2008) discharging the Rule arising out of Auction proceeding published in the Daily Jhanakantha on 25.04.2008 by writ respondent No. 4 for selling the property of the petitioner. 2. The facts, in short, are that the petitioner fil..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. 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) 295....... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and oth......cated to the bank it (bank) could have sold it out directly for realization of the decreetal amount which is totally illegal as hypothecation has been made to adjust the decreetal amount and not to sell the machinery without following proper and legal procedure of sale to fulfill malafide intentio..Category: Banking Law | Date: | Hits: 84
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......s. Abdul Quiyum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order dated 16.4.2009 passed by the High C......ment debtors failed to repay the said loan and the outstanding loan stood at Tk. 18,37494/- on 30th April, 2003. The bank thereupon instituted the instant suit for realization of the said amount by selling the mortgaged property covering an area of .35 acres of land of C.S. Khatian No. 20, S.A. ..Category: Property Law | Date: | Hits: 28
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....ceedings of the above Misc. Appeal Case No.13 of 1981 and also from the contents of the annexures of the above Writ Petition No.159 of 1989 for the first time came to know about the alleged deed of agreement for exchange dated 30-10-1963, the alleged powers of attorneys dated 7-6-1965, the deed of......ate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by the High Cou......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....mptee-petitioner is that the case land belonged to the respondent No.2 Zebal Ahmed Chowdhury who borrowed Taka 1,00,000/- from the pre-emptee-petitioner and in pursuance thereof, he entered into an agreement for purchasing the case land and accordingly, the respondent no.2 executed a sale deed in ......or the Petitioner. J.B.M. Hasan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on record-For respondent No.1. Not represented- Respondents nos. 2-5. Civil Petition for Leave to Appeal No. 1193 of 2009. (From the Judgment and Order dated 25th January, 2009 passed by t...... any notice to them and thereafter, they instituted the case after obtaining the copy of the deed from the local Sub-Registrar Office. 3. The petitioner as well as the respondent No.2, the seller, contested the case by filing two separate written objections. The case of the pre-emptee-p..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....hop No. 19 was allotted to him against his application for allotment dated 14.02.2004 fixing the consideration amount at Tk. 22,63,000/- for setting up a jewellery (gold) show room and accordingly an agreement was also made on 14.01.2004 and in terms of agreement down payment was made on 14.01.2004 ......truct-ed by Nawab Ali, Advocate-On-Record-For the Respondent No. 1 (In both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 passed by the......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......llusive, null and void impleading the appellants as principal defendants. 3. The case of the plaintiff-appellants, in short, are that the suit property measuring .71 acres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Keranigonj, District-D...... Mst. Babooee reported in 1856-6-MIA 393 it has been held that Shebayet has no power to alienate the Debuttar Property except in a case of need or for the benefit of the estate. He is not entitled to sell the property for investing the price of it to bring in an income larger than that derived from ..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....983 and the suit was sent back on remand to the trial Court, which is said to be pending; that during pendency of the other class suit No.21 of 1956, plaintiffs/respondents father entered into a sale agreement for purchasing the suit property at a sum of Tk. 15,000/- executed by the Constituted Atto......il Appeal No. 178 of 2002) S. M. Hossain and other…………Respondents (In Civil Appeal Nos. 94-95 of 2005) Judgment August 3, 2009. Result: The appeal is allowed. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd. 20 BLD (AD) 278; Guiness Peat (Tradin......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..Category: Tenancy Law | Date: | Hits: 185
....l is directed against an order dated 27.08.2008 passed by the High Court Division in Execution Case No. 05 of 2004.
3. The facts, in short, are that M/S. Al Falah Shipping Lines Ltd. made an agreement on 23.10.1984 with Food Department as a Private Major carrier. The coaster Al Falah-I sunk......(2010) 189.
......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
..
Category: Others | Date: | Hits: 356
....ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
...... Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners.
Mahrnudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-the Respondents.
Civil Petition for Leave to Appeal No.438 of 2009
(From the judgment and order dated 27.01.2009 passed by the High Cou......iffs filed Title Suit No.309 of 1994 contending, inter alia, that the plaintiffs (the present petitioner) are entitled to a decree declaring their entitlement to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee..
Category: Property Law | Date: | Hits: 23
....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......cs Control Dhaka and another ...........Appellants
Vs.
Crown Beverage Ltd. and another ...........Respondent
Judgment
December 2, 2008.
Lawyers Involved:
Monsur Habib, Additional Attorney General instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Appellants.
Rafiq......s i.e. the present petitioners to grant license in favour of the writ petitioner No. 1 under Section 11 of the Narcotics Control Act, 1990 to manufacture, process, carry, transport, export, supply, sell, hold, preserve, warehousing and exhibit of products under the trade name "Hunter" and "Crown"...
Category: Others | Date: | Hits: 144
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