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Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......e-on-Record-For Respondent No.1 (In Civil Appeal No.290 of 2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Division Ben......property and RAJUK administered the tender of the instant plot as the agent of the Ministry of Housing and Public Works subject to the instruction and approval of the Ministry, and instruction to sell was not received by RAJUK, but the High Court Division failed to consider the same. 7. The..Category: Limitation Law | Date: | Hits: 154
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....by an Indenture of Agreement concluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agreement contained many conditions and after allotment of the aforesaid building the delivery of ......pondents Judgment February 27, 2008. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Md. Ali Akand, Deputy Attorney General instructed by Habibur Rahman Miah, Advocate-on-Record-For Respondent Nos.1 and 2. ......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
....sal was required to include all expenses including the taxes, duties, fees, levies and other charges imposed under the applicable law of Bangladesh as on 01.10.1999 (1st day of October, 1999). In the agreement entered into by the Government and the Respondent No.1 in the respective appeals clause 4 ......onal Ltd. and another.......Respondents (In Civil Appeal No. 287 of 2003)
BIVAC International S.A. Bureau Vertias Group and another.......Respondents (In Civil Appeal No. 288 of 2003)
PSI Inspectorate Ltd. and another.......Respondents (In Civil Appeal No. 289 of 2003)
Judgment
August 30......e to VAT, since acceptance of the said contention would create great anomaly and also would lead to absurdity as because thereby supplier of chicken to weeding reception, rickshaw pullar, the hawkers selling vegetables and the boy carrying the vegetables and other articles purchased in the kitchen m..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......arifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by the High C......ase. The High Court Division further held that the court of appeal below found that Matang Moyee executed a power of attorney on 14.10.1958 in the name of her domesticated son Nagendra Chandra Bir to sell her property and this document is 30 years old but this document has not been challenged. The H..Category: Property Law | Date: | Hits: 34
....oceedings of the above Misc. Appeal Case N0.13 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 power of attorneys dated 07.06.1965, the deed o...... deceased and others stating inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 of mouza Chandana ......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
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Category: Property Law | Date: | Hits: 43
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ...... Judgment June 4, 2009. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1440 of 2007. (From the judgment and order dated 7.3.2007 passed by the High ......nd sold 3.6 ½ acres of land to defendant No.4 by a Kabala dated 27.7.1984 and since then there was homestead of Tara Gazi, husband of defendant No.4. Erfan Biswas was compelled to sell the suit land to defendant No.4 again. Defendants have a building having five rooms ..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....o Khatian Nos. 127, 222, 307, 308, 309, 310 and 311 under Mouza Moillakanda, Thana-Gouripur, District-Mymensingh belonged to defendant No.1, Krishan Lal Agarwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,00......rd-For the Petitioners. M. H. Khandkar, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 6. Not represented-Respondent Nos.1-5, 7-10. Civil Petition for Leave to Appeal No. 1307 of 2007. (From the judgment and order dated 28.03.07 passed by the High Court ......o.2) Additional Deputy Commissioner (vested and abandoned property) Mymensingh (defendant No.3) and Chairman, Board of Administration of the Vested Property, Dhaka (defendant No.4) made an attempt to sell out the suit land. 3. In 1984 the original plaintiff realized that the defendant No.1 would ..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....or by profession that is why Anisul Haque the original leasee executed a power of attorney on 30.01.2003 in favour of the petitioners who are fit for shrimp cultivation and in view of that an agreement was made between the parties. Having got the suit land the petitioners spent a lot of mon......Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-65. Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of December, 200......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....ected the Director General to take necessary action in the light of the inquiry report and ultimately finding no fault with the tender of the writ-petitioner the authority directed to conclude the agreement with the writ-petitioner Islam Ship Builders and Heavy Engineering being the highest bidd...... Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referr......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1561 of 2008. (From the judgment and order dated 01.07.2008 passed by the Hig......uot; From the contents of the aforesaid letter it is also clear that there is nothing to be sold out. It is also a fact that though the suit was filed on 03.04.2003 the application for selling out the pledged goods was filed only after cross examination of P.W.1 in part. ..Category: Civil Law | Date: | Hits: 152
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....lass suit No.55 of 1999, impleading the present petitioner as the defendant. It was also filed a suit for mandatory injunction. His case, in short, was that he and his brothers had entered into an agreement with said Shahidul Islam Pahloan for the purchase of 12 decimals of land and accordingly ......ahbubar Rahman, Advocate-on-Record-For the Respondent (In Civil Petition No. 354 of 2007). Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002 passed by......and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ..Category: Property Law | Date: | Hits: 87
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....t Venture later sub-contracted the work to the respondent No.1 by a power of Attorney dated 15.05.2001. 3. Clause 41 of the Special Conditions Contract (Which was incorporated into the said agreement dated 30.03.2000) provided for arbitration between the petitioner No.1 and the said ......t: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh Power Development Board and others........Petitioners (In all cases) Vs. M/s. Arab Contractor, (BD) Limited and others…...Respondents (In all cases) Judgment ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....ed the said property for sale and the plaintiff's offer of price being acceptable to her. She agreed to sell the property to the plaintiff for a consideration of Tk. 6,75,000/- and executed an agreement for sale on January 5, 1977 upon receiving TK. 3,50,000/- as earnest money. It was tire ...... Division in First Appeal No.15 of 1996) Judgment Md. Ruhul Amin CJ. - Plaintiff has obtained leave to appeal against the judgment and decree dated June 1,1997 of a Division Bench of the High Co......that defendant No.1 Mosammat Hamida Begum Chowdhury as the owner of the property in suit offered the said property for sale and the plaintiff's offer of price being acceptable to her. She agreed to sell the property to the plaintiff for a consideration of Tk. 6,75,000/- and executed an agree..Category: Property Law | Date: | Hits: 100
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ......iroz Shah, Advocate-on Record-For the Petitioner. Md. Ibrahim Khalil, Advocate-on Record-For Respondent No. 1. Not Represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 2219 of 2008. (From the judgment and order dated 14.07.2008 passed by the Hig...... sale deed executed by the heirs of Abdul Haque Dovash on 20.3.1959 by registered deed No.9514 to the father of the pre-emptors was not acted upon because the executants of the deed had no right to sell out the property which was bequeathed by way of waqf by their predecessor Abdul Haque Dovash b..Category: Property Law | Date: | Hits: 29
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....d the impugned judgment and order of the High Court Division and other papers on record. 5. Mr. Moudud Ahmed, the learned Counsel appearing for the petitioner mainly argued that as per the agreement dated 16th of April, 2006 on the basis of which the execution case was disposed of, the ...... 2. Not represented-Respondent No. 1, 3, 5. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Addition Party. Civil petition for leave to Appeal No.1287 of 2008. (From the judgment and order dated 04.06.2008 passed by the Hig......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..Category: Civil Law | Date: | Hits: 109
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
....lding wrongly of the talk of the predecessor of the present petitioners of sale with defendant No. 1 and also taking over possession of the suit land and found contradiction with regard to the agreement of sale and statements of P.W.'s; that the appellate Court failed to understand and analy......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Suman Mia being dead his heirs; Zabeda Khatoon and others…...Plaintiff-Petitioners Vs. Falani Begum and others…&he......e of contract in the 2nd Court of Senior Assistant Judge, Narayanganj stating, inter alia, that the suit property originally belongs to principle defendant No.1 who entered into a contract to sell the same to the plaintiff on 15th Falgoon 1384 B.S. at a consideration of TK.5,000.00 only and..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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) 772. ...... Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by the High ......case land was delivered to them within the knowledge, presence and consent of the pre-emptors petitioners and that subsequently for want of money, when pre-emptee respondent Nos.2-5 wanted to sell their portion in the case land to the respondent No.1, the preemptors inspite of offer, a..Category: Property Law | Date: | Hits: 23
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......cate on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 486 of 2006 (From the judgment and order dated 9.2.2006 & 12.2.2006 passe......987; Salim died leaving four sons and two daughters and they along with Kalim transferred their share in favour of defendant No.1 by six registered deed; Hachon Banu, in terms of a contract to sell her share to the defendant No.1, handed over the possession of her share to the defendan..Category: Property Law | Date: | Hits: 26
.... 1976 SC 127 (in the Case of M/S. Bisra Stone Lime Co. Ltd. Vs. Orissa State Electricity Board and another) wherein it is held that "But all question of law, one of which may be interpretation of the agreement, need not necessarily be withdrawn from the domestic forum because the Court has discret...... No. 01 of 2005)
Judgment
July 19, 2009.
Result:
The petition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of 12% per ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
...., for specific performance of contract on the averments that the suit land measuring 10 decimals along with a pucca building standing thereon belonged to the petitioner No.1 and he, in terms of an agreement dated 10.11.2002, borrowed Tk.3,50,000.00 from him on condition that the petitioner No.1 ......09. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154 of 2009. (From the judgment and order dated 2.11.2008 passed by the ......ned Rule in Civil Revision No.3989 of 2007 and the High Court Division, after hearing, made the Rule absolute holding that the contents of the agreement show that the petitioners did not desire to sell that suit land and building at the time of the contract and so although the petitioners failed..Category: Property Law | Date: | Hits: 28
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